H.R. 6395 — what changed
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
From Reported in House to Engrossed in House. 202 sections amended, 825 added, and 4 removed between Reported in House and Engrossed in House.
Sec. 2 Organization of Act into divisions; table of contents
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Divisions— This Act is organized into four 16 divisions as follows:
Division A—Department of Defense Authorizations.
Division B—Military Construction Authorizations.
Division C—Department of Energy National Security Authorizations and Other Authorizations.
Division D—Funding Tables.
Division E—National Artificial Intelligence Initiative Act of 2020.
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Division F—Corporate Transparency Act of 2019.
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Division G—COUNTER Act of 2019.
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Division H—Elijah E. Cummings Coast Guard Authorization Act of 2020.
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Division I—Department of State Authorities and Activities.
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Division J—Combating Russian Money Laundering.
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Division K—Kleptocracy Asset Recovery Rewards Act.
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Division L—Stopping Trafficking, Illicit Flows, Laundering, and Exploitation.
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Division M—Improving Corporate Governance Through Diversity.
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Division N—Banking Transparency for Sanctioned Persons Act of 2019.
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Division O—Public Lands.
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Division P—Colorado Outdoor Recreation and Economy Act.
Table of contents— The table of contents for this Act is as follows:
Sec. 112 Liquified natural gas pilot program
addedadded The Secretary of the Navy shall carry out a pilot program under which the Secretary shall experiment and innovate within the fleet using liquified natural gas technology to retrofit, modify, or build vessels capable of dual fueling (diesel and liquified natural gas) or powered by liquified natural gas alone.
Sec. 121 Modification of force structure objectives for B–1 bomber aircraft
Modification of minimum inventory requirement— Section 9062(h)(2) of title 10, United States Code, is amended by striking “36” and inserting “24”.
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Temporary authority to To retire aircraft—
In general— Notwithstanding section 9062(h)(1) of title 10, United States Code, the Secretary of the Air Force may retire up to seventeen B–1 aircraft.
Termination of authority— The authority of the Secretary of the Air Force to retire aircraft under paragraph (1) shall terminate on January 1, 2023.
Preservation of certain aircraft and maintenance personnel— Until the date on which the Secretary of the Air Force determines that the B–21 aircraft has attained initial operating capability, the Secretary—
shall preserve each B–1 aircraft that is retired under subsection (b), in a manner that ensures the components and parts of such aircraft are maintained in reclaimable condition that is consistent with type 2000 recallable storage, or better; and
may not reduce the number of billets assigned to maintenance of B–1 aircraft in effect on January 1, 2020.
Sec. 126 Limitation on production of KC–46A aircraft
Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Air Force may be used to approve the full-rate production of KC–46A aircraft or enter into a contract for the production of more than twelve KC–46A aircraft until the date on which the Secretary of the Air Force certifies to the congressional defense committees that all category-one deficiencies in the systems of the aircraft have been corrected, including the deficiencies affecting the aircraft’s remote visioning system, telescoping actuator in the boom system, and primary fuel containment system.
Report— Not later than February 1, 2021, the Secretary of the Air Force shall submit to the congressional defense committees a report on the KC–46A aircraft. The report shall include—
a schedule for the correction of each category-one deficiency described in subsection (a);
a plan to engage an independent test organization to verify the effectiveness of any proposed solutions to such category-one deficiencies; and
an acquisition strategy for the aircraft that—
identifies principal acquisition milestones; and
will ensure that there is sufficient competition for the procurement of a nondevelopmental tanker aircraft at the conclusion of the KC–46A production contract in effect as of the date of the enactment of this Act.
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Category-one Category-One deficiency defined— The term “category-one deficiency” means a deficiency that may cause—
death or severe injury to personnel; or
major loss or damage to critical aircraft capabilities.
Sec. 130 Provisions relating to RC–26B manned intelligence, surveillance, and reconnaissance aircraft
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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 placed 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.
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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 mishaps other damage.
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Funding for RC–26B manned intelligence, surveillance, and reconnaissance platform—
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Of the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in 4301, for operation and maintenance, Air National Guard, 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.
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Of the amount authorized to be appropriated in section 421 for military personnel, as specified in the corresponding funding table in section 4401, the Secretary of the Air Force may transfer up to $13,000,000 from military personnel, Air National Guard to be used in support of personnel who operate and maintain the RC–26B manned intelligence, surveillance, and reconnaissance platform.
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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.
Sec. 130A Briefing on payload hosting on modular supersonic aircraft
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Briefing required— Not later than 120 days after the date of the enactment of this Act, the Secretary of the Air Force shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the potential use of a modular civil supersonic aircraft to host multiple mission payloads.
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Elements— The briefing under subsection (a) shall include an assessment of the potential of a repurposed civil supersonic aircraft with a military-engineered front section as a long-range, high-speed platform for the following uses:
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As a multi-payload disaggregated node in the Joint All-Domain Command & Control architecture.
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As a host for a multi-mission directed energy system.
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As an embedded or separated electronic warfare escort.
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As a quick-response vehicle for missions necessitating large and diverse payloads that preclude fighter aircraft due to size, range or altitude.
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Limitation— The briefing under subsection (a) shall not affect, modify, or address any matter set forth in section 122 of the Report of the Committee on Armed Services of the House of Representatives that accompanies this Act.
Sec. 131 Documentation relating to the F–35 aircraft program
Limitation— The Secretary of Defense may not grant Milestone C approval for the F–35 aircraft program pursuant to section 2366c of title 10, United States Code, or enter into a contract for the full-rate production of F–35 aircraft, until a period of 30 days has elapsed following the date on which the Secretary has submitted to the congressional defense committees all of the documentation required under subsection (b).
Documentation required— The Secretary of Defense shall submit to the congressional defense committees the following documentation with respect to the F–35 aircraft program:
A certification from the Under Secretary of Defense for Acquisition and Sustainment that all alternative supply contractors for parts, required for the airframe and propulsion prime contractors of the F–35 program as a result of the removal of the Republic of Turkey from the program—
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);
the parts produced by each such contractor have been qualified and certified as meeting applicable technical design and use specifications; and
each such contractor has reached the required rate of production to meet supply requirements for parts under the F–35 aircraft program.
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A cost analysis, prepared by the joint program office for the F–35 aircraft program, that assesses and defines —defines—
how the full integration of Block 4 and Technical Refresh 3 capabilities for each lot of Block 4 production aircraft beginning after lot 14 will affect the average procurement unit cost of United States variants of the F–35A, F–35B, and F–35C aircraft; and
how the establishment of alternate sources of production and sustainment supply and repair parts due to the removal of the Republic of Turkey from the F–35 program will affect such unit cost.
All reports required under section 167 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1250).
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.
A plan to correct or mitigate any deficiency in the aircraft, identified as of the date of enactment of this Act—
that may cause death, severe injury or occupational illness, or major loss or damage to equipment or a system, and for which there is no identified workaround (commonly known as a “category 1A deficiency”); or
that critically restricts combat readiness capabilities or results in the inability to attain adequate performance to accomplish mission requirements (commonly known as a “category 1B deficiency”).
A software and hardware capability, upgrade, and aircraft modification plan that defines the cost and schedule for retrofitting F–35 aircraft that currently have Technical Refresh 2 capabilities installed to ensure compatibility with Block 4 and Technical Refresh 3 aircraft capabilities.
The following reports for the F–35 aircraft program, as prepared by the Director of Operational Test and Evaluation:
A report on the results of the realistic survivability testing of the aircraft, as described in section 2366(d) of title 10, United States Code.
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.
A mitigation strategy and implementation plan to address each critical deficiency in the F–35 autonomic logistics information system that has been identified as of the date of enactment of this Act.
A certification that the F–35A meets the required mission reliability performance using an average sortie duration of 2 and one-half hours.
A certification that the Secretary has developed and validated a fully integrated and realistic schedule for the development, production and integration of Block 4 Technical Refresh 3 capabilities, that includes a strategy for resolving all software technical debt that has accumulated within the F–35 operational flight program source code during development, production, and integration of Technical Refresh 1 and Technical Refresh 2 capabilities.
A complete list of hardware modifications that will be required to integrate Block 4 capabilities into lot 16 and lot 17 production aircraft.
An estimate of the costs of any engineering changes required as a result of such modifications.
A comparison of those engineering changes and costs with the engineering changes and costs for lot 15 production aircraft.
Sec. 133 Notification on efforts to replace inoperable ejection seat aircraft locator beacons
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—
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—
installed on covered aircraft; and
inoperable in water or in wet conditions; and
the funding allocated for such efforts.
Date specified— The date specified in this subsection is the earlier of—
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
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the date that is five 5 years after the date of the enactment of this Act.
Definitions— In this section:
The term “covered aircraft” means aircraft of the Air Force, the Navy, and the Marine Corps that are equipped with ejection seats.
The term “service acquisition executive of the Department of the Air Force” does not include the Service Acquisition Executive of the Department of the Air Force for Space Systems and Programs described in section 957 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 9016 note).
Sec. 135 Investment and sustainment plan for procurement of cannon tubes
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Strategy required— The Secretary of the Army shall develop a comprehensive, long-term strategy, which shall include a risk assessment, gap analysis, proposed courses of action, investment options, and a sustainment plan, for the development, production, procurement and modernization of cannon and large caliber weapons tubes that mitigates identified risks and gaps to the Army and the defense industrial base.
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Elements— The strategy under subsection (a) shall include the following:
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An assessment of the sufficiency of the cannon tube industrial base to meet near and long-term development and production requirements, including an analysis of any capability or capacity gaps that may exist currently or into the future given current and planned program demands.
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An analysis of the resources required and planned for the cannon tube industrial base across the future years defense program.
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A detailed analysis and explanation of the courses of action necessary to mitigate any existing or projected future capability gaps and deficiencies, including the establishment of a permanent or temporary second source for cannon and large caliber weapons tubes if advisable, feasible, suitable, and affordable.
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Funding and timelines associated with the identification, qualification and sustainment of a permanent or temporary second source for cannon and large caliber weapons tubes through full and open competition that would be required to mitigate significant development, production, procurement, and modernization risk in the cannon tube industrial base.
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Such other information as the Secretary of the Army determines to be appropriate.
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Submittal to congress— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a copy of the strategy developed under subsection (a).
Sec. 211 Modification of Science, Mathematics, and Research for Transformation (SMART) Defense Education Program
Pilot subprogram— Section 2192a of title 10, United States Code, is amended—
by redesignating subsections (b) through (h) as subsections (c) through (i);
by inserting after subsection (a) the following new subsection:
“(b) Requirement for Pilot subprogram
“(1) In general—As a subprogram of the program under subsection (a), the Secretary of Defense shall carry out a pilot program to be known as the “National Security Pipeline Pilot Program” (referred to in this section as the “Pilot Program”) under which the Secretary shall seek to enter into partnerships with minority institutions to diversify the participants in the program under subsection (a).
“(2) Elements—Under the Pilot Program, the Secretary of Defense shall—
“(A) provide an appropriate amount of financial assistance under subsection (c) to an individual who is pursuing an associate’s degree, undergraduate degree, or advanced degree at a minority institution;
“(B) provide such financial assistance to recipients in conjunction with summer internship opportunities or other meaningful temporary appointments within the Department; and
“(C) periodically evaluate the success of recruiting individuals for scholarships under this subsection and on hiring and retaining those individuals in the public sector workforce.
“(3) Reports
“(A) Initial report—Not later than December 31, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on the establishment of the Pilot Program. At a minimum, the report shall identify the number of students participating in the pilot program as of the date of the report, the fields of study pursued by such students, and the minority institutions at which such students are enrolled.
“(B) Final report—Not later than September 30, 2024, the Secretary of Defense shall submit to the congressional defense committees a report that evaluates the success of the pilot program in recruiting individuals for scholarships under this section and hiring and retaining those individuals in the public sector workforce.
“(4) Termination—The Pilot Program shall terminate on December 31, 2026.”
in subsection (c)(1), as so redesignated—
in subparagraph (A), by striking “subsection (g)” and inserting “subsection (h)”; and
in subparagraph (C), by striking “subsection (c)” and inserting “subsection (d)”;
in subsection (d), as so redesignated—
by redesignating paragraph (3) as paragraph (4); and
by inserting after paragraph (2) the following new paragraph:
“(3) Pursuant to regulations prescribed by the Secretary of Defense for such purpose, a scholarship recipient who is not serving in the Armed Forces at the time the scholarship is received may fulfill the condition described in paragraph (1) by serving on active duty in the Armed Forces.”
by amending subsection (i), as so redesignated, to read as follows:
“(i) Definitions—In this section:
“(1) The term “institution of higher education” has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
“(2) The term “minority institution” means an institution of higher education at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering.”
Additional modifications— Section 2192a of title 10, United States Code, as amended by subsection (a), is further amended—
in subsection (d), by adding at the end the following new paragraph:
“(5) In employing participants during the period of obligated service, the Secretary shall ensure that participants are compensated at a rate that is comparable to the rate of compensation for employment in a similar position in the private sector.”
by redesignating subsections (e) through (i) as subsections (f) through (j), respectively;
by inserting after subsection (d) the following new subsection:
“(e) Internship requirement—In addition to the period of obligated service required under subsection (d), before completing a degree program for which a scholarship was awarded under this section, each participant shall participate in a paid internship for a period of not less than eight weeks with a defense industry sponsor. The Secretary shall work with each defense industry sponsor to ensure there are sufficient paid internships available for all participants, and that each such defense industry sponsor—
“(1)
“(A) may be a potential employer for purpose of the participant’s period of obligated service as described subsection (d)(1)(B)(ii); or
“(B) may offer full time employment for a participant’s last year of obligated service after the participant completes remaining years owed; and
“(2) has agreed to be a defense industry sponsor making a minimum contribution for each participant who receives an internship, which shall be a minimum amount determined by the Secretary, but not less than an amount equal to 50 percent of the cost of an average scholarship under this section.”
in subsection (h), as so redesignated—
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by striking “The Secretary of Defense shall” and insertinginserting:
“(1) The Secretary of Defense shall”
by adding at the end the following new paragraph:
“(2)
“(A) The Secretary of Defense shall establish or designate an organization within the Department of Defense which shall have primary responsibility for building cohesion and collaboration across the various scholarship and employment programs of the Department.
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“(B) The organization described in subparagraph (A) shall have the following duties:duties—
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“(i) Establish establish an interconnected network and database across the scholarship and employment programs of the Department, including, at a minimum the SMART Defense Education Program, the Defense Civilian Training Corps, the National Defense Science and Engineering Graduate Fellowship, the Army AEOP apprenticeship program, and the Consortium Research Fellows Program;
“(ii) aid in matching scholarships to individuals pursuing courses of study in in-demand skill areas; and
“(iii) build a network of program participants, past, present, and future whom DOD departments can draw on to fill skills gaps.
“(C) On an annual basis, the organization described in subparagraph (A) shall publish, on a publicly accessible website of the Department of Defense, an annual report on the workforce requirements and expected future needs of the civilian workforce of the Department of Defense.”
by redesignating subsection (j), as so redesignated, as subsection (k);
by inserting after subsection (i) the following new subsection:
“(j) Special rule—In each year of the program under this section, not less than 20 percent of the applicants who are awarded scholarships shall be individuals pursuing degrees in computer science or a related field of study.”
in subsection (k), as so redesignated, by adding at the end the following new paragraph:
“(3) The term “defense industry sponsor” means—
“(A) a defense contractor with an active government contract that makes the required minimum contribution described in subsection (e)(2); or
“(B) a company deemed critical to the national security infrastructure that makes such a contribution.”
Sec. 212 Enhanced participation of Department of Defense contractors in science, technology, engineering, and mathematics activities
In general—
Program required— Chapter 111 of title 10, United States Code, is amended by inserting after section 2192b the following new section:
“2192c. Program to enhance contractor participation in science, technology, engineering, and mathematics activities
“(a) In general—The Secretary of Defense shall carry out a program under which the Secretary shall seek to enter into partnerships with Department of Defense contractors to promote interest in careers in STEM disciplines.
“(b) Objectives—The objectives of the program under subsection (a) are—
“(1) to maximize strategic partnerships between institutions of higher education and private sector organizations to build and strengthen communities involved in STEM disciplines;
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“(2) to increase diversity, equity, and inclusion by providing access to career paths in STEM in historically underserved and underrepresented communities; andcommunities;
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“(3) to encourage employers in STEM disciplines to establish work-based learning experiences such as internships and apprenticeships.apprenticeships; and
added “(4) to build partnerships with minority and woman-owned Department of Defense contractors to establish work-based learning experiences such as internships and apprenticeships.
“(c) Activities—As part of the program under subsection (a), the Secretary of Defense shall seek to encourage and provide support to Department of Defense contractors to enable such contractors to carry out activities to promote interest in careers in STEM disciplines. Such activities may include—
“(1) aiding in the development of educational programs and curriculum in STEM disciplines for students of elementary schools and secondary schools;
added “(2) establishing volunteer programs in elementary schools and secondary schools receiving assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) to enhance education in STEM disciplines;
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“(2) establishing volunteer programs in elementary schools and secondary schools receiving assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) to enhance education in STEM disciplines.
“(3) enhancing education in STEM disciplines at institutions of higher education by—
“(A) making personnel available to advise and assist faculty at such institutions in the performance of research and instruction in STEM disciplines that are determined to be critical to the functions of the Department of Defense;
“(B) awarding scholarships and fellowships to students pursuing courses of study in STEM disciplines; or
“(C) establishing cooperative work-education programs in STEM disciplines for students; or
“(4) enhancing education in STEM disciplines at minority institutions by—
“(A) establishing partnerships between offerors and such institutions for the purpose of training students in STEM disciplines;
“(B) conducting recruitment activities at such institutions; or
“(C) making internships or apprenticeships available to students of such institutions.
“(d) Allowability of costs—Activities described in subsection (c) shall be considered as allowable community service activities for the purposes of determining allowability of cost on a government contract.
added “(e) Definitions—In this section:
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“(h) Definitions—In this section:
“(1) The terms elementary school and secondary school have the meanings given those terms in section 8101 of the Higher Education Act of 1965 (20 U.S.C. 7801).
“(2) The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
“(3) The term “minority institution” means—
“(A) a part B institution (as that term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)); or
“(B) any other institution of higher education (as that term is defined in section 101 of such Act (20 U.S.C. 1001)) at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering.
“(4) The term STEM disciplines means disciplines relating to science, technology, engineering and mathematics, including disciplines that are critical to the national security functions of the Department of Defense and that are needed in the Department of Defense workforce (as determined by the Secretary of Defense under section 2192a(a)).”
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2192b the following new item:
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. 215 Codification of the National Security Innovation Network
Codification—
In general— Chapter 139 of title 10, United States Code, is amended by inserting after section 2358b the following new section:
“2358c. National Security Innovation Network
“(a) Establishment—The Secretary of Defense shall establish a program office to be known as the “National Security Innovation Network” (referred to in this section as the “Network”). The Secretary shall establish the Network within the Office of the Under Secretary of Defense for Research and Engineering or within the office of another principal staff assistant to the Secretary.
“(b) Responsibilities—The responsibilities of the Network shall be—
“(1) to create a network throughout the United States that connects the Department of Defense to academic institutions, commercial accelerators and incubators, commercial innovation hubs, and nonprofit entities with missions relating to national security innovation;
“(2) to expand the national security innovation base through integrated, project-based problem solving that leads to novel concept and solution development for the Department and facilitates dual-use venture creation;
“(3) to accelerate the adoption of novel concepts and solutions by facilitating dual-use technology advancement to improve acquisition and procurement outcomes;
“(4) to work in coordination with the Under Secretary of Defense for Personnel and Readiness, other principal staff assistants within the Office of the Secretary, and the Armed Forces to create new pathways and models of national security service that facilitate term, temporary, and permanent employment within the Department for—
“(A) students and graduates in the fields of science, technology, arts, engineering, and mathematics;
“(B) early-career and mid-career technologists; and
“(C) entrepreneurs for purposes of project-based work;
“(5) to generate novel concepts and solutions to problems and requirements articulated by entities within the Department through programs, such as the Hacking for Defense program, that combine end users from the Department, students and faculty from academic institutions, and the early-stage dual-use venture community;
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“(6) to establish physical locations throughout the United States through which the Network will connect with academic and private sector partners for the purposes of carrying the responsibilities described in paragraphs (1) through (5); and(5);
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“(7) to carry out such other activities as the Secretary of Defense, in consultation with leverage commercial software platforms and databases that enable the head Department of the Network, determines to be relevant to such responsibilities.Defense to—
added “(A) source and map user problems to markets and suppliers across venture capital, government innovation, and technology portfolios;
added “(B) collaboratively identify potential companies and technologies that can solve unclassified and classified Department of Defense user problems;
added “(C) integrate expertise from the venture capital community and private sector subject matter experts;
added “(D) evaluate companies and solutions against existing datasets for cyber and foreign ownership risk; and
added “(E) access commercial technologies through an accredited and cloud-based development environment, consistent with Department standards; and
added “(8) to carry out such other activities as the Secretary of Defense, in consultation with the head of the Network, determines to be relevant to such responsibilities.
“(c) Authorities—In addition to the authorities provided under this section, in carrying out this section, the Secretary of Defense may use the following authorities:
“(1) Section 1599g of this title relating to public-private talent exchanges.
“(2) Section 2368 of this title, relating to Centers for Science, Technology, and Engineering Partnerships.
“(3) Section 2374a of this title, relating to prizes for advanced technology achievements.
added “(4) Section 2474 of this title, relating to Centers of Industrial and Technical Excellence.
added “(5) Section 2521 of this title, relating to the Manufacturing Technology Program.
added “(6) Subchapter VI of chapter 33 of title 5, relating to assignments to and from States.
added “(7) Chapter 47 of such title, relating to personnel research programs and demonstration projects.
added “(8) Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31 relating to cooperative research and development agreements.
added “(9) Such other authorities as the Secretary considers appropriate.
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“(3) Section 2474 of this title, relating to Centers of Industrial and Technical Excellence.
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“(4) Section 2521 of this title, relating to the Manufacturing Technology Program.
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“(5) Subchapter VI of chapter 33 of title 5, relating to assignments to and from States.
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“(6) Chapter 47 of such title, relating to personnel research programs and demonstration projects.
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“(7) Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31 relating to cooperative research and development agreements.
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“(8) Such other authorities as the Secretary considers appropriate.
“(d) Definitions—In this section:
“(1) The term “dual-use venture” means a business that provides products or services that are capable of meeting requirements for military and nonmilitary applications.
“(2) The term “early-stage dual-use venture” means a business that provides products or services that are capable of meeting requirements for military and nonmilitary applications that has raised not more than $20,000,000 in private venture capital, and whose principal product or service does not support, either directly or indirectly, a current Department of Defense program of record.”
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2358b the following new item:
Implementation—
Transfers from other DOD elements— The Secretary of Defense may transfer to the National Security Innovation Network established under section 2358c of title 10, United States Code (as added by subsection (a)) such personnel, resources, and functions of other organizations and elements of the Department of Defense as the Secretary considers appropriate to carry out such section.
Integration with existing NSIN— Effective on the date of the enactment of this Act, the National Security Innovation Network of the Department of Defense (as in existence on the day before such date of enactment) shall be transferred to and merged with the National Security Innovation Network established under section 2358c of title 10, United States Code (as added by subsection (a)).
Implementation plan—
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for implementing the National Security Innovation Network under section 2358c of title 10, United States Code (as added by subsection (a)).
Elements— The plan required under paragraph (1) shall include the following:
Plans for any transfers the Secretary intends to carry out under paragraph (1).
Plans for the funding, integration, and evaluation of the Network, including plans for—
future funding and administrative support of the Network;
integration of the Network into the programming, planning, budgeting, and execution process of the Department of Defense;
integration of the Network with the other programs and initiatives within the Department that have missions relating to innovation and outreach to the academic and the private sector early-stage dual-use venture community (as defined in section 2358c of title 10, United States Code (as added by subsection (a)); and
performance indicators by which the Network will be assessed and evaluated.
A description of any additional authorities the Secretary may require to ensure that the Network is able to effectively carry out the responsibilities specified in section 2358c(c) of title 10, United States Code (as added by subsection (a)).
Comptroller General reviews and reports—
Review and report on implementation plan— Not later than 180 days after the date on which the implementation plan is submitted under subsection (b)(3), the Comptroller General of the United States shall—
complete a review of the implementation plan;
submit to the congressional defense committees a report on the results of the review.
Program evaluation and report—
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In general— Not later than three 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall—
complete an evaluation of the National Security Innovation Network under section 2358c of title 10, United States Code (as added by subsection (a)); and
submit to the appropriate congressional committees a report on the results of the evaluation.
Appropriate congressional committees defined— In this paragraph, the term “appropriate congressional committees” means—
the congressional defense committees;
the Committee on Homeland Security and Governmental Affairs of the Senate; and
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the Committee on Oversight and Government Reform of the House of Representatives.
Sec. 217 Modification of joint artificial intelligence research, development, and transition activities
Section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note) is amended—
in the section heading, by inserting “and improvement of the Joint Artificial Intelligence Center” before the period at the end;
in subsection (a)—
in paragraph (1), by inserting “acquire,” before “develop”; and
by amending paragraph (2) to read as follows:
“(2) Emphasis—The set of activities established under paragraph (1) shall include—
“(A) acquisition and development of mature artificial intelligence technology;
“(B) applying artificial intelligence and machine learning solutions to operational problems by directly delivering artificial intelligence capabilities to the Armed Forces and other organizations and elements of the Department;
“(C) accelerating the development, testing, and fielding of new artificial intelligence and artificial intelligence-enabling capabilities; and
“(D) coordinating and deconflicting activities involving artificial intelligence and artificial intelligence-enabled capabilities within the Department.”
by amending subsection (b) to read as follows:
“(b) Responsible official—The Deputy Secretary of Defense shall be the official within the Department of Defense with principal responsibility for the coordination of activities relating to the acquisition, development, and demonstration of artificial intelligence and machine learning for the Department.”
by redesignating subsections (c) through (g) as subsections (d) through (h), respectively;
by inserting after subsection (b) the following new subsection:
“(c) Organization
“(1) Role of Joint Artificial Intelligence Center—The set of activities established under subsection (a)(1) shall be established within the Joint Artificial Intelligence Center.
“(2) Authority of Deputy Secretary of Defense—The Deputy Secretary of Defense shall exercise authority and direction over the Joint Artificial Intelligence Center.
“(3) Authority of director—The Director of the Joint Artificial Intelligence Center shall report directly to the Deputy Secretary of Defense.
“(4) Delegation—In exercising authority and direction over the Joint Artificial Intelligence Center under subsection (a), the Deputy Secretary of Defense may delegate administrative and ancillary management duties to the Chief Information Officer of the Department of Defense, as needed, to effectively and efficiently execute the mission of the Center.”
in subsection (d), as so redesignated—
in the matter preceding paragraph (1), by striking “official designated under subsection (b)” and inserting “Deputy Secretary of Defense”;
in paragraph (1), in the matter preceding subparagraph (A), by inserting “acquire,” before “develop”;
in the heading of paragraph (2), by striking “development” and inserting “acquisition, development,”; and
in paragraph (2)—
in the matter preceding subparagraph (A), by striking “To the degree practicable, the designated official” and inserting “The Deputy Secretary of Defense”;
in subparagraph (A), by striking “development” and inserting “acquisition, development,”;
by redesignating subparagraphs (H) and (I) as subparagraphs (J) and (K), respectively; and
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;”
in subsection (e), as so redesignated—
by striking “the official designated under subsection (b)” and inserting “the Director of the Joint Artificial Intelligence Center”;
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by striking “subsection (c)” and inserting “subsection (d)”;and(d)”; and
by adding at the end the following: “At a minimum, such access shall ensure that the Director has the ability to discover, access, share, and reuse data and models of the Armed Forces and other organizations and elements of the Department of Defense and to build and maintain data for the Department.”;
in subsection (f), as so redesignated—
in paragraph (1)—
in the matter preceding subparagraph (A), by striking “official designated under subsection (b)” and inserting “Deputy Secretary of Defense”; and
in subparagraph (B), by striking “designated official” and inserting “Deputy Secretary of defense”; and
in paragraph (2), by striking “designated official” and inserting “Deputy Secretary of Defense”; and
by adding at the end the following new subsection:
“(i) Joint Artificial Intelligence Center defined—The term “Joint Artificial Intelligence Center” means the Joint Artificial Intelligence Center of the Department of Defense established pursuant to the memorandum of the Secretary of Defense dated June 27, 2018, and titled “Establishment of the Joint Artificial Intelligence Center”, or any successor to such Center.”
Sec. 220 Digital data management and analytics capability
Digital data management and analytics capability—
In general— The Secretary of Defense shall develop and implement an advanced digital data management and analytics capability to be used—
to digitally integrate all elements of the acquisition process of the Department of Defense;
to digitally record and track all relevant data generated during the research, development, testing, and evaluation of systems; and
to maximize the use of such data to inform—
the further development and improvement of such systems; and
the acquisition process for such systems.
Requirements— The capability developed under paragraph (1) shall meet the following requirements:
The capability will be accessible to, and useable by, individuals throughout the Department of Defense who have responsibilities relating to capability requirements, research, design, development, testing, evaluation, acquisition, management, operations, and sustainment of systems.
The capability will provide for the development, use, curation, and maintenance of authoritative and technically accurate digital systems—
to reduce the burden of reporting by officials responsible for executing programs;
to ensure shared access to data within the Department;
to supply data to digital engineering models for use in the defense acquisition process;
to supply data to testing infrastructure and software to support automated approaches for testing, evaluation, and deployment throughout the defense acquisition process; and
to provide timely analyses to Department leadership.
The capability will be designed—
to improve data management processes in the research, development, acquisition, and sustainment activities of the Department;
to provide decision makers in the Department with timely, high-quality, transparent, and actionable analyses for optimal development, acquisition, and sustainment decision making and execution;
to facilitate productivity, discovery, access, knowledge sharing, and analysis of acquisition-related data across organizational boundaries at all levels of the Department, including through the development of acquisition documentation; and
to build and improve analytical models and simulations to enhance the development, test, and use of weapon systems.
Software requirement—
In general— The capability developed under paragraph (1) shall include software to collect, organize, manage, make available, and analyze relevant data throughout the life cycle of defense acquisition programs, including any data needed to satisfy milestone requirements and reviews.
Procurement authority— The software described in subparagraph (A) may be developed or procured using the authorities provided under section 800 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1478).
Review— In developing the capability required under paragraph (1) the Secretary of Defense shall—
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review data content and requirements to support planning and reporting of functions and remove redundant data requests across functions.functions; and
based on such review, develop recommended approaches for—
moving supporting processes from analog to digital format, including planning and reporting processes;
making new data active through digitalization;
making legacy data, including data currently residing in program documentation, active through digitalization; and
modernizing the storage, retrieval, and reporting capabilities for stakeholders within the Department, including research entities, Program Management Offices, analytic organizations, enterprise oversight, and decision makers.
Demonstration activities—
In general— The Secretary of Defense shall carry out demonstration activities to test various approaches to building the capability required under subsection (a).
Program selection— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall assess and select not fewer than two and not more than five programs of the Department of Defense to participate in the demonstration activities under paragraph (1), including—
one or more acquisition data management test cases; and
one or more development and test modeling and simulation test cases to demonstrate the ability to collect data from tests and operations in the field, and feed the data back into models and simulations for better software development and testing.
Additional requirements— As part of the demonstration activities under paragraph (1), the Secretary shall—
conduct a comparative analysis that assesses the risks and benefits of the digital management and analytics capability used in each of the programs participating in the demonstration activities relative to the Department’s traditional data collection, reporting, exposing, and analysis approaches;
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
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.
Policies and guidance required— Not later than 18 months after the date of the enactment of this Act, based on the results of the demonstration activities carried out under subsection (b), the Secretary of Defense shall issue or modify policies and guidance to—
promote the use of digital management and analytics capabilities; and
address roles, responsibilities, and procedures relating to such capabilities.
Steering committee—
In general— The Secretary of Defense shall establish a steering committee to assist the Secretary in carrying out subsections (a) through (c).
Membership— The steering committee shall be composed of the following members or their designees:
The Chief Management Officer.
The Chief Information Officer.
The Director of Cost Assessment and Program Evaluation.
The Under Secretary of Defense for Research and Engineering.
The Under Secretary of Defense for Acquisition and Sustainment.
The Director of Operational Test and Evaluation.
The Service Acquisition Executives.
The Director for Force Structure, Resources, and Assessment of the Joint Staff.
The Director of the Defense Digital Service.
Independent assessments—
Initial assessment—
In general— The Defense Innovation Board, in consultation with the Defense Digital Service, shall conduct an independent assessment to identify recommended approaches for the implementation of subsections (a) through (c).
Elements— The assessment under subparagraph (A) shall include the following:
A plan for the development and implementation of the capability required under subsection (a), including a plan for any procurement that may be required as part of such development and implementation.
An independent cost assessment of the total estimated cost of developing and implementing the capability.
An independent estimate of the schedule for the development and implementation of the capability, including a reasonable estimate of the dates on which the capability can be expected to achieve initial operational capability and full operational capability, respectively.
A recommendation identifying the office or other organization of the Department of Defense that would be most appropriate to manage and execute the capability.
Report— Not later than 180 days after the date of the enactment of this Act, the Defense Innovation Board, in consultation with the Defense Digital Service, shall submit to the Secretary of Defense and the congressional defense committees a report on the findings of the assessment under subparagraph (A), including the findings of the assessment with respect to each element specified in subparagraph (B).
Final assessment—
In general— Not later than March 15, 2022, the Defense Innovation Board and the Defense Science Board shall jointly complete an independent assessment of the progress of the Secretary in implementing subsections (a) through (c). The Secretary of Defense shall ensure that the Defense Innovation Board and the Defense Science Board have access to the resources, data, and information necessary to complete the assessment.
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—
a report summarizing the assessment; and
a briefing on the findings of the assessment.
Report and briefing—
Report on implementation— Not later than 90 days after the date on which the report described in subsection (e)(1)(C) is submitted to the congressional defense committees, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the Secretary in implementing subsections (a) through (c). The report shall include an explanation of how the results of the demonstration activities carried out under subsection (b) will be incorporated into the policy and guidance required under subsection (c), particularly the policy and guidance of the members of the steering committee established under subsection (d).
Briefing on legislative recommendations— Not later than October 15, 2021, the Secretary of Defense shall provide to the Committee on Armed Services of the House of Representatives a briefing that identifies any changes to existing law that may be necessary to facilitate the implementation of subsections (a) through (c).
Sec. 221 Social science, management science, and information science research activities
Establishment— The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a program of research and development in social science, management science, and information science.
Purposes— The purposes of the program required under subsection (a) are as follows:
To ensure that the Department of Defense has access to innovation and expertise in social science, management science, and information science to enable the Department to improve the effectiveness and efficiency of the Department’s operational and management activities.
To coordinate all research and development within the Department in the fields of social science, management science, and information science.
To enhance cooperation and collaboration on research and development in the fields of social science, management science, and information science among the Department of Defense and appropriate private sector and international entities that are involved in such research and development.
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.
To accelerate efforts to transition and deploy technologies and concepts derived from research and development in the fields of social science, management science, and information science into the Department of Defense, and to establish policies, procedures, and standards for measuring the success of such efforts.
To collect, synthesize, and disseminate critical information on research and development in the fields of social science, management science, and information science.
To support the missions and systems of the Department by developing the fields of social science, management science, and information science, including by supporting—
appropriate research and innovation in such fields; and
the development of an industrial base in such fields, including development of the facilities, workforce, and infrastructure that comprise such industrial base.
Administration— The Under Secretary of Defense for Research and Engineering shall supervise the planning, management, and coordination of the program under subsection (a).
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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 departments, and the heads of relevant Defense Agencies, shall—
prescribe a set of long-term challenges and a set of specific technical goals for the program, including—
optimization of analysis of national security data sets;
development of defense-related management innovation activities;
improving the operational use of social science, management science, and information science innovations by military commanders and civilian leaders;
improving understanding of the fundamental social, cultural, and behavioral forces that shape the strategic interests of the United States; and
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;
develop a coordinated and integrated research and investment plan for meeting near-term, mid-term, and long-term national security, defense-related, and Department management challenges that—
includes definitive milestones;
provides for achieving specific technical goals; and
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;
develop plans for—
the development of the Department’s workforce in social science, management science, and information science; and
enhancing awareness of social science, management science, and information science within the Department; and
develop memoranda of agreement, joint funding agreements, and such other cooperative arrangements as the Under Secretary determines necessary for carrying out the program under subsection (a).
Guidance required—
In general— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall develop and issue guidance for defense-related social science, management science, and information science activities, including—
changed
classification and data management plans for such activities; andactivities;
changed
policies for control of personnel participating in such activities to minimize the effects of the loss of intellectual property in social science, management science, and information science considered sensitive to the Federal Government.Government; and
added
ensuring transition of social science, management science, and information science research findings into Department strategic documents.
Updates— Under Secretary of Defense for Research and Engineering shall regularly update the guidance issued under paragraph (4).
Research centers—
In general— The Secretary of each military department may establish or designate an entity or activity under the jurisdiction of such Secretary, which may include a Department of Defense Laboratory, to serve as a research center in the fields of social science, management science, and information science. Each such research center shall engage with appropriate public sector and private sector organizations, including academic institutions, to enhance and accelerate the research, development, and deployment of social science, management science, and information science within the Department.
Minimum number— The Secretary of Defense shall ensure that not less than one research center is established or designated under paragraph (1) by not later than 180 days after the date of the enactment of this Act.
Report—
In general— Not later than December 31, 2022, the Secretary shall submit to the congressional defense committees a report on the program.
Form of report— The report required under paragraph (1) may be submitted in unclassified or classified form.
Sec. 222 Measuring and incentivizing programming proficiency
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In general— Not later than two 2 years after the date of the enactment of this Act, the Secretary of Defense shall carry out the following activities:
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—
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;
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
include hands-on coding demonstrations and challenges.
Update existing record keeping systems to track artificial intelligence and programming certification testing results in a manner that is comparable to the system used for tracking and documenting foreign language competency, and use that record keeping system to ensure that workforce coding and artificial intelligence comprehension and skills are taken into consideration when making assignments.
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.
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—
making information about the coding language proficiency and artificial intelligence competency tests developed under such subsection available to other Federal national security agencies; and
encouraging the heads of such agencies to implement tracking and reward systems that are comparable to those implemented by the Department of Defense pursuant to such subsection.
Sec. 225 Directed Energy Working Group
In general— The Secretary of Defense shall establish a working group, to be known as the “Directed Energy Working Group”.
Responsibilities— The working group shall—
discuss the current and planned directed energy programs of each of the military departments;
make recommendations to the Secretary of Defense about establishing memoranda of understanding among the organizations and elements of the Department of Defense to coordinate directed energy activities using amounts authorized to be appropriated for research, development, test, and evaluation;
identify methods of quickly fielding directed energy capabilities and programs; and
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.
Head of working group— The head of the working group shall be the Assistant Director of Directed Energy of the Office of the Under Secretary of Defense for Research and Engineering.
Membership— The members of the working group shall be appointed by not later than 60 days after the date of the enactment of this Act, as follows:
One member from each military department, appointed by the Secretary of the military department concerned.
One member appointed by the Under Secretary of Defense for Research and Engineering.
One member appointed by the Under Secretary of Defense for Acquisition and Sustainment.
One member appointed by the Director of the Strategic Capabilities Office of the Department of Defense.
One member appointed by the Director of the Defense Advanced Research Projects Agency.
Reports to Congress— Not later than 180 days after the date of the enactment of this Act, and not less frequently than once every 180 days thereafter, the working group shall submit to the congressional defense committees a report on the progress of each directed energy program being developed or fielded by the Department of Defense.
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Termination— The working group under this section shall terminate four 4 years after the date of the enactment of this Act.
Sec. 227 Accountability measures relating to the Advanced Battle Management System
Independent cost estimate—
In general— The Director of Cost Assessment and Program Evaluation shall—
review any cost estimate of the Advanced Battle Management System prepared by the Department of the Air Force; and
conduct an independent cost estimate of the full life-cycle cost of the Advanced Battle Management System.
Submittal to Congress— At the same time as the budget of the President for fiscal year 2022 is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees a report on the results of the review and independent cost estimate conducted under paragraph (1).
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Air Force briefing requirement— Section 147(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 STAT. Stat. 1670) is amended by adding at the end the following:
“(1) the objectives achieved by the exercise;
“(2) the realism of the exercise, including identification of the portions of the exercise that were scripted and unscripted and any technical workarounds or substitutes used for purposes of the exercise;
“(3) the interim capabilities provided to combatant commanders after the conclusion of the exercise (commonly known as “leave behind” capabilities) and a plan for the sustainment or upgrade of such capabilities; and
“(4) the total cost of the exercise and a breakdown of the costs with respect to technology, range and demonstration resources, personnel, and logistics.”
Reports— Not later than December 20, 2020, the Secretary of the Air Force shall submit to the congressional defense committees the following reports on the Advanced Battle Management System:
Report on planned capabilities— A report on the planned product line capabilities of the Advanced Battle Management System, including—
a description of the technologies needed to implement and achieve such product line capabilities;
a timeline for the technical maturation of such product line capabilities; and
a notional schedule for fielding such product line capabilities over the period covered by the current future-years defense program under section 221 of title 10, United States Code.
Report on acquisition authorities— A report on the allocation of responsibilities among the individuals and entities responsible for acquisition for the Advanced Battle Management System, including an explanation of how decision-making and governance of the acquisition process is allocated among the Chief Architect Integration Office and other entities that are expected provide capabilities for the System.
Report on alignment with Common Mission Control Center— A report, which may be submitted in classified or unclassified form, that explains how, and to what extent, the Advanced Battle Management System will be aligned and coordinated with the Common Mission Control Center of the Air Force.
Report on security measures— At the same time as the budget of the President for fiscal year 2022 is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the Secretary of the Air Force shall submit to the congressional defense committees a report that describes how the Secretary plans to ensure the security of the Advanced Battle Management System, including a description of any information assurance and anti-tamper requirements for the System.
Advanced Battle Management System defined— In this section, the term “Advanced Battle Management System” has the meaning given that term in section 236(c) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1281).
Sec. 229 Disclosure of foreign funding sources in applications for Federal research awards
Disclosure requirement— Each Federal research agency shall require—
any individual applying for funds from that agency as a principal investigator or co-principal investigator under a grant or cooperative agreement to disclose all current and pending support and the sources of such support at the time of the application for funds; and
any institution of higher education applying for funds from that agency to certify that every principal investigator or co-principal investigator who is employed by the institution of higher education and is applying for such funds has been made aware of the requirement under paragraph (1).
Consistency— The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council and in accordance with the authority provided under section 1746 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 42 U.S.C. 6601 note) shall ensure that the requirements issued by Federal research agencies under subsection (a) are consistent.
Enforcement—
In general— In the event that an individual or entity violates the disclosure requirements under subsection (a), a Federal research agency may take one or more of the following actions against such individual or entity:
Reject an application for a grant or cooperative agreement because the disclosed current and pending support violates agency terms and conditions.
Reject an application for a grant or cooperative agreement because current and pending support have not been disclosed as required under subsection (a).
Temporarily or permanently discontinue any or all funding from that agency for any principal investigator or co-principal investigator who has failed to properly disclose current and pending support pursuant to subsection (a).
Temporarily or permanently suspend or debar a researcher, in accordance with part 180 of title 2, Code of Federal Regulations, from receiving funding from that agency when failure to disclose current and pending support pursuant to subsection (a) as done knowingly and willfully.
Refer a failure to disclose under subsection (a) to Federal law enforcement authorities to determine whether any criminal statutes have been violated.
changed
Notice— A Federal research agency intending to take action under any of subparagraphs subparagraph (A), (B), (C), or (D) of paragraph (1) shall notify the institution of higher education, principal investigator and any co-principal investigators subject to such action about the specific reason for the action, and shall provide the institution, principal investigator, and co-principal investigator, as applicable, with the opportunity and a process by which to contest the proposed action.
Evidentiary standards— A Federal research agency seeking suspension or debarment under paragraph (1)(D) shall abide by the procedures and evidentiary standards set forth in part 180 of title 2, Code of Federal Regulations.
Definitions— In this section:
Current and pending support— The term “current and pending support” means all resources made available to an individual in direct support of the individual’s research efforts, regardless of whether such resources have monetary value, and includes in-kind contributions requiring a commitment of time and directly supporting the individual’s research efforts, such as the provision of office or laboratory space, equipment, supplies, employees, and students.
Institution of Higher Education— The term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
Federal research agency— The term “Federal research agency” includes the following and any organizations and elements thereof:
The Department of Agriculture.
The Department of Commerce.
The Department of Defense.
The Department of Education.
The Department of Energy.
The Department of Health and Human Services.
The Department of Homeland Security.
The Department of Transportation.
The Environmental Protection Agency.
The National Aeronautics and Space Administration.
The National Science Foundation.
Sec. 232 Modification of mechanisms for expedited access to technical talent and expertise at academic institutions
addedadded Section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) is amended—
added
in subsection (a)(2), by inserting “training,” after “management,”;
added
in subsection (e)—
added
in paragraph (28) by striking “Infrastructure resilience” and inserting “Additive manufacturing”;
added
by redesignating paragraph (30) as paragraph (33); and
added
by inserting after paragraph (29) the following new paragraphs:
added “(30) Corrosion prevention and control.
added “(31) Advanced manufacturing for metal casting.
added “(32) 3D and virtual technology training platforms.”
added
by redesignating subsections (f) and (g) as subsection (g) and (h), respectively;
added
by inserting after subsection (e) the following new subsection:
added “(f) Requirement To establish consortia
added “(1) In general—In carrying out subsection (a)(1)—
added “(A) the Secretary of Defense shall seek to establish at least one multi-institution consortium through the Office of the Secretary of Defense;
added “(B) the Secretary of the Army shall seek to establish at least one multi-institution consortium through the Army;
added “(C) the Secretary of the Navy shall seek to establish at least one multi-institution consortium through the Navy; and
added “(D) the Secretary of the Air Force shall seek to establish at least one multi-institution consortium through the Air Force.
added “(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).”
added
in subsection (g), as so redesignated, by striking “2022” and inserting “2026”.
Sec. 233 Designation of Academic Liaison to protect against emerging threats
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall do the following:
added
Designate an official serving within the Office of the Under Secretary of Defense for Research and Engineering to work with the academic and research communities to protect academic research funded by the Department of Defense from undue foreign influences and threats.
added
Set forth the responsibilities of the official designated under paragraph (1), including—
added
serving as the liaison of the Department of Defense with the academic and research communities;
added
carrying out initiatives of the Department related to the protection of academic research funded by the Department from undue foreign influences and threats, including the initiatives established under section 1286 of the National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note);
added
not less frequently than once a year, conducting outreach and education activities for the academic and research community about undue foreign influences and threats to academic research that is funded by the Department;
added
coordinating and aligning the policies relating to academic research security of—
added
the elements of the Department specified in section 111(b) of title 10, United States Code;
added
the intelligence community;
added
Federal science agencies;
added
the Office of Science and Technology Policy; and
added
Federal regulatory agencies; and
added
working with the intelligence community to the maximum extent practicable to share with the academic and research communities, at least annually, unclassified information, including counterintelligence information, on threats from undue foreign influences.
added
Rule of construction— Nothing in this section shall be construed as authorizing the official designated under subsection (a)(1) to classify academic research in a manner that is inconsistent with the policies of the Department of Defense or the National Security Decision Directive Numbered 189 of September 21, 1985, titled “National Policy on the Transfer of Scientific, Technical and Engineering Information”, or any successor directive.
added
Definitions— In this section:
added
Federal regulatory agencies— The term Federal regulatory agencies means the Department of Defense, the Department of Commerce, the Department of State, the Department of Justice, the Department of Energy, the Department of the Treasury, the Department of Homeland Security, and the National Archives and Records Administration.
added
Federal science agencies— The term Federal science agencies means each agency (as such term is defined in section 551 of title 5, United States Code) that obligated or expended not less than $100,000,000 in the previous fiscal year for research and development.
added
Intelligence community— the term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
Sec. 241 Steering committee on emerging technology
Establishment— There is established in the executive branch a steering committee on emerging technology and national security threats (referred to in this section as the “Steering Committee”).
Membership— The Steering Committee shall be composed of the following:
The Deputy Secretary of Defense.
The Vice Chairman of the Joint Chiefs of Staff.
The Under Secretary of Defense for Intelligence and Security.
Such other officials of the Department of Defense as are jointly appointed to Steering Committee by the officials specified in paragraphs (1) through (3).
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Co-chairs—Co-Chairs— The officials specified in paragraphs (1) through (3) of subsection (b) shall serve as co-chairs of the Steering Committee.
Staff and support services— Upon request of the co-chairs, the Department of Defense shall provide to the Steering Committee, on a reimbursable basis, such staff and administrative support services as are necessary for the Committee to carry out its responsibilities under this section.
Responsibilities— The Steering Committee shall be responsible for—
developing a strategic vision for the organizational change, concept and capability development, and technology investments in emerging technologies that are needed to maintain the technological edge of the military and intelligence community of the United States;
providing credible assessments of emerging threats and identifying investments and advances in emerging technology undertaken by adversaries of the United States;
making recommendations to the Secretary of Defense on—
the implementation of the strategy developed under to paragraph (1); and
steps that may be taken to address the threats identified under to paragraph (2);
changed
coordinating with the Joint Committee on Research Environments of the National Science and Technology Council; andCouncil;
added
ensuring emerging technologies procured and used by the military will be tested for algorithmic bias and discriminatory outcomes; and
renumbered
was (6)(7)
carrying out such other activities as are assigned to the Steering Committee by the Secretary of Defense.
Coordination with JAIC— The co-chairs shall coordinate the activities of the Steering Committee with the activities of the Board of Directors of the Joint Artificial Intelligence Center established under section 224, as appropriate.
added
Deepfake working group—
added
In general— The co-chairs stall establish a working group, in coordination with the Defense Advanced Research Project Agency and such other departments and agencies of the Federal Government as the co-chairs deem appropriate, to—
added
inform the Steering Committee’s activities with respect to the national security implications of machine-manipulated media (commonly known as “deepfakes”);
added
assess the Federal Government’s capabilities with respect to technologies to detect, or otherwise counter and combat, machine-manipulated media and other advanced image manipulation methods;
added
assess the machine-manipulated media capabilities of foreign countries and non-state actors, with particular emphasis on the People’s Republic of China and the Russian Federation; and
added
provide recommendations to the Steering Committee on the matters described in subparagraphs (A) through (C).
added
Machine-manipulated media defined— In this subsection, the term “machine-manipulated media” has the meaning given that term in section 5724(d) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
added
Emerging technology defined— In this section, the term “emerging technology” means technology determined to be in an emerging phase of development by the Secretary of Defense, including quantum computing, technology for the analysis of large and diverse sets of data (commonly known as “big data analytics”), artificial intelligence (including deepfake videos and related technologies), autonomous technology, robotics, directed energy, hypersonics, biotechnology, distributed ledger technology, and such other technology as may be identified by the Secretary.
removed
Emerging technology defined— In this section, the term “emerging technology” means technology determined to be in an emerging phase of development by the Secretary of Defense, including quantum computing, technology for the analysis of large and diverse sets of data (commonly known as “big data analytics”), artificial intelligence, autonomous technology, robotics, directed energy, hypersonics, biotechnology, and such other technology as may be identified by the Secretary.
Sec. 242 Training for human resources personnel in artificial intelligence and related topics
Department of defense—
changed
Training program— Not later than one 1 year after the date of the enactment of this Act, the Secretary of Defense shall develop and implement a program to provide covered human resources personnel with training in the fields of software development, data science, and artificial intelligence, as such fields related to the duties of such personnel.
Elements— The training provided under paragraph (1) shall include—
a generalist’s introduction to—
software development and business processes;
data management practices related to machine learning;
machine learning, deep learning, and artificial intelligence;
artificial intelligence workforce roles; and
cybersecurity and secure software development; and
training in the authorities and procedures that may be used to recruit software developers, data scientists, and artificial intelligence professionals, including direct hiring authorities, excepted service authorities, the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.), and authorities for hiring special government employees and highly qualified experts.
Certificate of completion— The Secretary of Defense shall issue a certificate of completion to each individual who successfully completes the training provided under paragraph (1), as determined by the Secretary.
Implementation— The Secretary of Defense shall implement the training program under paragraph (1) as follows:
In the first year in which the training program is carried out, the Secretary shall ensure that not less than 20 percent of covered human resource personnel complete the program.
In each year of the training program after the first year, the Secretary shall ensure that not less than an additional 10 percent of covered human resources personnel complete the program until 80 percent of such personnel have completed the program.
After achieving the 80 percent completion rate specified in subparagraph (B), the Secretary shall ensure, in each year, that not less than 80 percent of covered human resources personnel have completed the training program.
Covered human resources personnel defined— In this section, the term “covered human resources personnel” means members of the Armed Forces and civilian employees of the Department of Defense, including human resources professionals, hiring managers, and recruiters, who are responsible for hiring software developers, data scientists, or artificial intelligence professionals for the Department.
Sec. 244 Pilot program on the use of electronic portfolios to evaluate applicants for certain technical positions
changed
Pilot program— Beginning not later than one 1 year after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program under which applicants for technical positions within the Department of Defense will be evaluated, in part, based on electronic portfolios of the applicant’s work, as described in subsection (b).
Activities— Under the pilot program, the human resources manager of an organization of the Department of Defense participating in the program, in consultation with relevant subject matter experts, shall assess each applicant for a technical position in the organization by reviewing an electronic portfolio of the applicant’s best work, as selected by the applicant.
Scope of program— The Secretary of Defense shall carry out the pilot program under subsection (a) in at least one major command of each military department.
changed
Report— Not later than two 2 years after the commencement of the pilot program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the results of the program. At a minimum, the report shall describe—
changed
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;program; and
the level of satisfaction of organization leaders, hiring authorities, and subject matter experts with the quality of applicants that were hired based on evaluations of electronic portfolios.
Technical position defined— In this section, the term “technical position” means a position in the Department of Defense requiring expertise in artificial intelligence, data science, or software development.
changed
Termination— The authority to carry out the pilot program under subsection (a) shall terminate five 5 years after the date of the enactment of this Act.
Sec. 247 Microelectronics and national security
Modification of strategy for assured access to trusted microelectronics— Section 231 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note) is amended—
in subsection (a), by striking “September 30, 2019” and inserting “December 30, 2020”;
in subsection (b), by adding at the end the following new paragraphs:
changed “(10) An approach to ensuring the continuing production of cutting-edge microelectronics for national security needs, including state-of-the-art node sizes, heterogeneous integration, advantaged sensor manufacturing, boutique chip designs, and variable volume production capabilities.
“(11) An assessment of current microelectronics supply chain management practices, existing risks, and actions that may be carried out to mitigate such risks by organizations in the defense industrial base.
“(12) A plan for increasing commercialization of intellectual property developed by the Department of Defense for commercial microelectronics research and development.
“(13) An assessment of the feasibility, usefulness, efficacy, and cost of—
“(A) developing a national laboratory exclusively focused on the research and development of microelectronics to serve as a center for Federal Government expertise in high-performing, trusted microelectronics and as a hub for Federal Government research into breakthrough microelectronics-related technologies; and
“(B) incorporating into such national laboratory a commercial incubator to provide early-stage microelectronics startups, which face difficulties scaling due to the high costs of microelectronics design and fabrication, with access to funding resources, fabrication facilities, design tools, and shared intellectual property.
“(14) Such other matters as the Secretary of Defense determines to be relevant.”
in subsection (d), by striking “September 30, 2019” and inserting “December 30, 2020”; and
in subsection (e), by striking “September 30, 2019” and inserting “December 30, 2020”.
Advisory panel on microelectronics leadership and competitiveness—
Establishment— Not later than 30 days after the date of the enactment of this Act, the President, in consultation with the National Security Council, the National Economic Council, and the Office of Science and Technology Policy, shall establish an advisory panel on microelectronics leadership and competitiveness (referred to in this subsection as the “Advisory Panel”).
Membership— The Advisory Panel shall be composed of the following members:
The Secretary of Defense.
The Secretary of Energy.
The Director of the National Science Foundation.
The Director of the National Institute of Standards and Technology.
The heads of such other departments and agencies of the Federal Government as the President, in consultation with the National Security Council, determines appropriate.
National strategy—
In general— Not later than 180 days after the date on which the Advisory Panel is established, the Panel shall develop a national strategy to—
accelerate the development and deployment of state-of-the-art microelectronics; and
ensure that the United States is a global leader in the field of microelectronics.
Elements— The strategy developed under subparagraph (A) shall address the following:
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.
Science, technology, research, and development efforts to facilitate the advancement and adoption of microelectronics and new uses of microelectronics and components, including efforts to—
accelerate leap-ahead research, development, and innovation in microelectronics; and
deploy heterogeneously integrated microelectronics for machine learning and other applications.
The role of diplomacy and trade in maintaining the position of the United States as a global leader in the field of microelectronics, including the feasibility and advisability of—
implementing multilateral export controls tailored through direct coordination with key allies of the United States, including through the Wassenaar Arrangement and other multilateral fora, for specific semiconductor manufacturing equipment such as extreme ultraviolet photolithography equipment and argon fluoride immersion photolithography equipment;
additional trade enforcement actions that may be initiated by the United States to address any unfair or excessive foreign semiconductor subsidy programs or other unfair microelectronics trade practices; and
the elimination of any trade barriers or unilateral export controls that harm United States companies without producing a substantial benefit to the competitiveness or national security of the United States.
The potential role of a national laboratory and incubator exclusively focused on the research and development of microelectronics, as described in section 231(b)(13) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note) (as added by subsection (a)) in carrying out the strategy and plan required subparagraph (A).
Such other activities as the Panel determines may be appropriate to overcome looming challenges to the innovation, competitiveness, and supply chain integrity of the United States in the area of microelectonics.
Briefings— Not later than 90 days after the date of the enactment of this Act—
the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the Secretary in developing the strategy and implementation plan required under section 231(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note); and
the Assistant to the President for National Security Affairs shall provide to the congressional defense committees a briefing on the progress of the Advisory Panel in developing the strategy required under subsection (b)(3).
added
Advanced manufacturing incentives—
added
In general— The Secretary of Defense shall, in consultation with the Secretary of Commerce, the Secretary of Homeland Security, and the Director of National Intelligence, work with the private sector through a public-private partnership, including by incentivizing the formation of a consortium of United States companies, to ensure the development and production of advanced, measurably secure microelectronics. Such work may include providing incentives for the creation, expansion, or modernization of one or more commercially competitive and sustainable semiconductors manufacturing or advanced research and development facilities.
added
Risk mitigation requirements— A participant in a consortium formed with incentives under paragraph (1) shall—
added
have the potential to perform fabrication, assembly, package, or test functions for semiconductors deemed critical to national security as defined by export control regulatory agencies in consultation with the National Security Adviser and the Secretary of Defense;
added
demonstrate management processes to identify and mitigate supply chain security risks; and
added
be able to produce semiconductors consistent with applicable measurably secure supply chain and operational security standards established under section 224(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
added
National security considerations— The Secretary of Defense and the Director of National Intelligence shall select participants for the consortium formed with incentives under paragraph (1). In selecting such participants, the Secretary and the Director may jointly consider whether the United States companies—
added
have participated in previous programs and projects of the Department of Defense, Department of Energy, or the intelligence community, including—
added
the Trusted Integrated Circuit program of the Intelligence Advanced Research Projects Activity;
added
trusted and assured semiconductors projects, as administered by the Department of Defense;
added
the Electronics Resurgence Initiative (ERI) program of the Defense Advanced Research Projects Agency; or
added
relevant semiconductor research programs of Advanced Research Projects Agency–Energy;
added
have demonstrated an ongoing commitment to performing contracts for the Department of Defense and the intelligence community;
added
are approved by the Defense Counterintelligence and Security Agency or the Office of the Director of National Intelligence as presenting an acceptable security risk, taking into account supply chain assurance vulnerabilities, counterintelligence risks, and any risks presented by companies whose owners are located outside the United States; and
added
are evaluated periodically for foreign ownership, control, or influence by foreign entities of concern.
added
Nontraditional defense contractors and commercial entities— Arrangements entered into to carry out paragraph (1) shall be in such form as the Secretary of Defense determines appropriate to encourage industry participation of nontraditional defense contractors or commercial entities and may include a contract, a grant, a cooperative agreement, a commercial agreement, the use of other transaction authority under section 2371 of title 10, United States Code, or another such arrangement.
added
Discharge— The Secretary of Defense shall carry out paragraph (1) jointly through the Office of the Under Secretary of Defense for Research and Engineering and the Office of the Under Secretary of Defense for Acquisition and Sustainment, or such other component of the Department of Defense as the Secretary considers appropriate.
added
Other initiatives— The Secretary of Defense shall dedicate initiatives within the Department of Defense to advance radio frequency, mixed signal, radiation tolerant, and radiation hardened semiconductors that support national security and dual-use applications.
added
Reports—
added
Report by secretary of defense— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the plans of the Secretary to carry out paragraph (1).
added
Biennial reports by comptroller general of the united states— Not later than 1 year after the date on which the Secretary submits the report required by subparagraph (A) and not less frequently than once every 2 years thereafter for a period of 10 years, the Comptroller General of the United States shall submit to Congress a report on the activities carried out under this subsection.
added
Report under the Defense Production Act of 1950—
added
In general— Not later than 120 days after the date of the enactment of this Act, the President shall submit to Congress a report on a plan for any use of authorities available in title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) to establish or enhance a domestic production capability for microelectronic technologies and related technologies, subject to—
added
the availability of appropriations for that purpose; and
added
a determination made under the plan pursuant to such title III that such technologies are essential to the national defense.
added
Consultation— The President shall develop the plan required by paragraph (1) in consultation with any relevant head of a Federal agency, any advisory committee established under section 708(a) of the Defense Production Act of 1950 (50 U.S.C. 4558), and appropriate stakeholders in the private sector.
Sec. 248 Acquisition of ethically and responsibly developed artificial intelligence technology
Assessment required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Board of Directors of the Joint Artificial Intelligence Center established under section 224, shall conduct an assessment to determine whether the Department of Defense has the ability to ensure that any artificial intelligence technology acquired by the Department is ethically and responsibly developed.
changed
Elements— The assessment conducted under paragraph (1) subsection (a) shall address the following:
Whether the Department of Defense has personnel with sufficient expertise, across multiple disciplines, to ensure the acquisition of ethically and responsibly developed artificial intelligence technology, including personnel with sufficient ethical, legal, and technical expertise to advise on the acquisition of such technology.
The feasibility and advisability of retaining outside experts as consultants to assist the Department in filling any gaps in expertise identified under paragraph (1).
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.
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.
Report—
In general— Not later than 30 days after the date on which the Secretary completes the assessment under subsection (a), the Secretary shall submit to the congressional defense committees a report on the results of the assessment.
Elements— The report under paragraph (1) shall include, based on the results of the assessment—
an explanation of whether the Department of Defense has personnel with sufficient expertise, across multiple disciplines, to ensure the acquisition of ethically and responsibly developed artificial intelligence technology;
an explanation of whether the Department has adequate procedures to encourage or require the consultation of such experts as part of the acquisition process for artificial intelligence technology; and
with respect to any deficiencies identified under subparagraph (A) or subparagraph (B), a description of any measures that have been taken, and any additional resources that may be needed, to mitigate such deficiencies.
Sec. 249 Enhancement of public-private talent exchange programs in the Department of Defense
changed
Public-private Public-Private talent exchange.--exchange— Section 1599g of title 10, United States Code is amended—
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.”
in subsection (f)—
in paragraph (2)—
by striking “is deemed to be an employee of the Department of Defense for the purposes of” and inserting “is subject to”;
changed
by striking subparagraph (D);(D); and
by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively;
by striking paragraph (4);
by redesignating paragraph (5) as paragraph (4); and
by adding at the end the following new paragraph:
“(5) shall be required to file a Public Financial Disclosure Report (OGE Form 278) and the Public Financial Disclosure Report for a such a person and a description of any waivers provided to such person shall be made available on a publicly accessible website of the Department of Defense.”
Application of exchange authority to artificial intelligence— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall take steps to ensure that the authority for the Department of Defense to operate a public-private talent exchange program pursuant to section 1599g of title 10, United States Code, is used to exchange personnel with private sector entities working on artificial intelligence applications. Such application of the authority of section 1599g shall be in addition to, not in lieu of, any other application of such authority by the Department of Defense.
Goals for program participation— In carrying out the requirement of subsection (b), the Secretary shall seek to achieve the following objectives:
In the Secretary of Defense Executive Fellows program, the nomination of an additional five uniformed service members and three government civilians by each service and by the Office of the Secretary of Defense, for sponsorship by private sector entities working on artificial intelligence applications.
For the public-private talent exchange program of the Under Secretary of Defense for Acquisition and Sustainment—
an additional ten government employees to work with private sector entities working on artificial intelligence applications; and
an additional ten employees of private sector entities working on artificial intelligence applications to work in the Department.
The establishment of the following new public-private talent exchange programs in the Office of the Secretary of Defense, comparable to the program referred to in paragraph (2)—
in the office of the Undersecretary of Defense for Research and Engineering, a program with twenty participants, focused on exchanges with private sector entities working on artificial intelligence applications.
in the office of the Chief Information Officer of the Department of Defense, a program with twenty participants, focused on exchanges with private sector entities working on artificial intelligence applications.
In the Army, Navy, and Marine Corps, the establishment of new public-private exchange programs, comparable to the Air Force Education with Industry Program, each with twenty program participants, focused on private sector entities working on artificial intelligence applications.
Treatment of program participants—
The Army, Navy, and Marine Corps shall take steps to ensure that participation by a service member in a program described in subsection (c)(4) is treated, for purposes of promotion boards and subsequent assignments, as equivalent to attending resident professional military education.
The Secretary of Defense shall establish a public-private exchange program billet office to temporarily hold billets for civilian employees who participate in programs described in subsection (b), to ensure that participating Department of Defense offices are able to retain their staffing levels during the period of participation.
Briefing on expansion of existing exchange programs— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the efforts undertaken to expand existing public-private exchange programs of the Department of Defense and to ensure that such programs seek opportunities for exchanges with private sector entities working on artificial intelligence applications, in accordance with the requirements of this section.
Sec. 250 Reporting on contribution of development of artificial intelligence standards
addedadded Subsection (b) of section 260 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by adding at the end the following paragraph:
added “(11) A description of efforts of the Center and the Department of Defense to develop or contribute to the development of artificial intelligence standards, including—
added “(A) the participation of the Center and the Department of Defense in international and multistakeholder standard-setting bodies; and
added “(B) collaboration between the Center and Department of Defense and—
added “(i) other organizations and elements of the Department of Defense (including the Defense Agencies and the military departments);
added “(ii) agencies of the Federal Government; and
added “(iii) private industry (including the defense industrial base).”
Sec. 253 National coordinating entity for sustainable chemistry
Establishment— Not later than 180 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall convene an interagency entity (referred to in this subtitle as the “Entity”) under the National Science and Technology Council with the responsibility to coordinate Federal programs and activities in support of sustainable chemistry, including those described in sections 255 and 256.
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—
the Committee on Environment;
the Committee on Technology;
the Committee on Science; or
related groups or subcommittees.
changed
Co-chairs—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.
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.
Termination— The Entity shall terminate on the date that is 10 years after the date of enactment of this Act.
Sec. 254 Strategic plan for sustainable chemistry
Strategic plan— Not later than 2 years after the date of enactment of this Act, the Entity shall—
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;
develop a working framework of attributes characterizing and metrics for assessing sustainable chemistry, as described in subsection (b);
assess the state of sustainable chemistry in the United States as a key benchmark from which progress under the activities described in this subtitle can be measured, including assessing key sectors of the United States economy, key technology platforms, commercial priorities, and barriers to innovation;
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;
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;
identify major scientific challenges, roadblocks, or hurdles to transformational progress in improving the sustainability of the chemical sciences;
identify other opportunities for expanding Federal efforts in support of sustainable chemistry; and
review, identify, and make efforts to eliminate duplicative Federal funding and duplicative Federal research in sustainable chemistry.
Characterizing and assessing sustainable chemistry— The Entity shall develop a working framework of attributes characterizing and metrics for assessing sustainable chemistry for the purposes of carrying out the Act. In developing this framework, the Entity shall—
seek advice and input from stakeholders as described in subsection (c);
consider existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry already in use at Federal agencies;
consider existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry already in use by international organizations of which the United States is a member, such as the Organisation for Economic Co-operation and Development; and
consider any other appropriate existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry.
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—
business and industry (including trade associations and small- and medium-sized enterprises from across the value chain);
the scientific community (including the National Academies of Sciences, Engineering, and Medicine, scientific professional societies, national labs, and academia);
the defense community;
State, Tribal, and local governments, including nonregulatory State or regional sustainable chemistry programs, as appropriate;
nongovernmental organizations; and
other appropriate organizations.
Report to congress—
In general— Not later than 2 years after the date of enactment of this subtitle, the Entity shall submit a report to the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate, and the Committee on Science, Space, and Technology, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives. In addition to the elements described in subsections (a) and (b), the report shall include—
a summary of federally funded, sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training activities;
a summary of the financial resources allocated to sustainable chemistry initiatives by each participating agency;
an assessment of the current state of sustainable chemistry in the United States, including the role that Federal agencies are playing in supporting it;
an analysis of the progress made toward achieving the goals and priorities of this subtitle, and recommendations for future program activities;
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
an evaluation of duplicative Federal funding and duplicative Federal research in sustainable chemistry, efforts undertaken by the Entity to eliminate duplicative funding and research, and recommendations on how to achieve these goals.
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.
changed
Additional reports— The Entity shall submit a report to Congress and the Comptroller General of the United States that incorporates the information described in subparagraphs (a), (b), (d), (e), and (f) every three 3 years, commencing after the initial report is submitted until the Entity terminates.
Sec. 259 Major multi-user research facility project
changed
Section 110 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s-2) 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.”
Sec. 264 Reports on F–35 physiological episodes and mitigation efforts
Study and report—
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.
Elements— The study under subsection (a) shall include—
changed
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; andAct;
changed
a determination as to the underlying cause of the episode.episode; and
added
an examination of—
added
any long-term effects, including potential long-term effects, of the episode; and
added
any additional care an affected crewmember may need.
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—
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;
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
any other findings and recommendations of the study.
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—
the efforts of the Department of Defense to address physiological episodes affecting crewmembers of F–35 aircraft; and
the funding allocated for such efforts.
Sec. 266 Funding for force protection applied research
added
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Navy, applied research, force protection applied research, line 005 (PE 0602123N) is hereby increased by $9,000,000 (to be used in support of the Direct Air Capture and Blue Carbon Removal Technology Program authorized under section 223 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2358 note)).
added
Offsets—
added
Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Air Force, admin & servicewide activities, servicewide communications, line 410 is hereby reduced by $4,000,000.
added
Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Army, admin & servicewide activities, servicewide communications, line 440 is hereby reduced by $5,000,000.
Sec. 267 Funding for hypersonics prototyping
added
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Air Force, advanced component development & prototypes, line 048, hypersonics prototyping (PE 0604033F) is hereby increased by $5,000,000 (to be used in support of the Air-launched Rapid Response Weapon Program).
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Space Force, operating forces, contractor logistics & system support, line 080 is hereby reduced by $5,000,000.
Sec. 268 Funding for unidirectional body armor
added
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Army, advanced component development & prototypes, line 093, soldier systems—advanced development (PE 0603827A) is hereby increased by $7,000,000 (to be used for the development of lightweight body armor fabrics).
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Army, advanced component development & prototypes, line 102, technology maturation initiatives (PE 0604115A) is hereby reduced by $7,000,000.
Sec. 269 Assessments of intelligence, defense, and military implications of deepfake videos and related technologies
added
added
Intelligence threat assessment—
added
In general— In conjunction with each annual report required under section 5709(d) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) (relating to deepfake technology and the foreign weaponization of deepfakes), the Director of National Intelligence shall submit to the Secretary of Defense and the appropriate congressional committees a supplemental report on the intelligence, defense, and military implications of deepfake videos and related technologies.
added
Elements— Each supplemental report under paragraph (1) shall include—
added
a description of new developments with respect to the national security implications of machine-manipulated media, and intelligence community responses to such developments, as it pertains to those matters described in section 5709(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92);
added
a description of any known efforts by the militaries of the People’s Republic of China or the Russian Federation or any governmental elements that provide intelligence support to such militaries, to deploy machine-manipulated media in the context of any ongoing geopolitical disputes, armed conflicts, or related operations; and
added
an assessment of additional future security risks posed by artificial intelligence technologies that facilitate the creation of machine-manipulated media, including security risks in contexts other than influence or information operations (including the potential subversion of biometric authentication systems).
added
Interim report— Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the Secretary of Defense and the appropriate congressional committees a report on the preliminary findings of the Director with respect to each element described in subsection (2).
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the congressional defense committees;
added
the Select Committee on Intelligence of the Senate; and
added
the Permanent Select Committee on Intelligence of the House of Representatives.
added
Military risk assessment—
added
In general— Not later than 180 days after date on which the report under subsection (a)(3) is submitted to the Secretary of Defense, the Secretary shall submit to the congressional defense committees an assessment, based on the results of such report, of the risks posed by machine-manipulated media to the operations, personnel, and activities of the Department of Defense and the Armed Forces.
added
Elements— The report under paragraph (1) shall include the following:
added
An assessment of the risks posed by machine-manipulated media in the contexts of military planning, defense intelligence collection, operational decision-making, and such other contexts as the Secretary of Defense deems appropriate.
added
A description of how the Department of Defense would assess, particularly under limited time constraints, the legitimacy of machine-manipulated media purporting to depict activities relevant to ongoing military operations (such as a deepfake video purporting to depict a foreign government official announcing an impending military strike, retreat, or other tactical action).
added
A description of any efforts of the Department of Defense to combat the actual or potential creation of machine-manipulated media that falsely depicts or replicates biometric identifiers of Federal Government officials, and an assessment of the feasibility of adopting or developing technologies to reduce the likelihood of video, audio, or visual content produced or distributed by the Department of Defense from being manipulated or exploited in such manner.
added
An assessment of the Department of Defense’s current machine-manipulated media detection capabilities, and recommendations with respect to improving such capabilities.
added
Form— The reports required under subsections (a) and (b) may be submitted in classified form, but if so submitted, shall be accompanied by unclassified annexes.
added
Machine-Manipulated media defined— In this section, the term “machine-manipulated media” has the meaning given that term in section 5724(d) of the National Defense Authorization Act for Fiscal Year 2020 1 (Public Law 116–92).
Sec. 270 Funding for Air Force university research initiatives
added
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Air Force, basic research, university research initiatives (PE 0601103F), line 002 is hereby increased by $5,000,000.
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Army, admin & servicewide activities, servicewide communications, line 440 is hereby reduced by $5,000,000.
Sec. 271 Modification of authority to carry out certain fiscal year 2020 projects
added
added
Findings— Congress finds the following:
added
The Department of Defense is encouraging the liberal use of fifth generation (commonly known as “5G”) information and communications technology testbeds to develop useful, mission-oriented applications for 5G technology.
added
Barksdale Air Force Base, Louisiana, has the ability to serve as a large-scale test facility to enable rapid experimentation and dual-use application prototyping.
added
Barksdale Air Force Base, Louisiana, has streamlined access to spectrum bands, mature fiber and wireless infrastructure, and prototyping and test area range access, all of which are ideal characteristics for use as a 5G test bed location.
added
Consideration required— The Secretary of Defense shall consider using Barksdale Air Force Base, Louisiana, as 5G test bed installation for purposes of the activities carried out under section 254(b)(2)(A) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2223 note).
Sec. 272 Sense of Congress on the role of the National Science Foundation
addedadded It is the sense of Congress that the National Science Foundation is critical to the expansion of the frontiers of scientific knowledge and advancing American technological leadership in key technologies, and that in order to continue to achieve its mission in the face of rising challenges from strategic competitors, the National Science Foundation should receive a significant increase in funding, expand its use of its existing authorities to carry out new and innovative types of activities, consider new authorities that it may need, and increase existing activities such as the convergence accelerators aimed at accelerating the translation of fundamental research for the economic and national security benefit of the United States.
Sec. 273 Funding for Navy university research initiatives
added
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Navy, basic research, university research initiatives (PE 0601103N), line 001 is hereby increased by $5,000,000.
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Army, admin & servicewide activities, servicewide communications, line 440 is hereby reduced by $5,000,000.
Sec. 274 Funding for Army university research initiatives
added
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Army, basic research, university research initiatives (PE 0601103A), line 003 is hereby increased by $5,000,000.
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Army, admin & servicewide activities, servicewide communications, line 440 is hereby reduced by $5,000,000.
Sec. 275 Report on certain awards by the Air Force under the Small Business Innovation Research Program and the Small Business Technology Transfer Program
addedadded The Assistant Secretary of the Air Force for Acquisition Technology and Logistics shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing a list of all selections made by the Assistant Secretary during the preceding 5-year period under the Small Business Innovation Research Program or the Small Business Technology Transfer Program (as defined under section 9(e) of the Small Business Act (15 U.S.C. 638(e)) that were not followed with funding awards. The report shall include, for each such selection—
added
the name and contact information of the company selected; and
added
the reason the funding award did not follow the selection.
Sec. 276 Funding for Backpackable Communications Intelligence System
added
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Army, as specified in the corresponding funding table in section 4201, Network C3I Technology, Line 17, for the Backpackable Communications Intelligence System is hereby increased by $5,000,000.
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Admin & Srvwide Activities, Line 360, Defense Personnel Accounting Agency is hereby reduced by $5,000,000.
Sec. 277 Funding for Army university and industry research centers
added
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Army, basic research, university and industry research centers (PE 0601104A), line 004 is hereby increased by $5,000,000.
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Army, admin & servicewide activities, servicewide communications, line 440 is hereby reduced by $5,000,000.
Sec. 278 Sense of Congress on the additive manufacturing and machine learning initiative of the Army
addedadded It is the sense of Congress that—
added
the additive manufacturing and machine learning initiative of the Army has the potential to accelerate the ability to deploy additive manufacturing capabilities in expeditionary settings and strengthen the United States defense industrial supply chain; and
added
Congress and the Department of Defense should continue to support the additive manufacturing and machine learning initiative of the Army.
Sec. 279 Traineeships for American leaders to excel in national technology and science
added
added
In general— The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall establish a traineeship program to expand Department of Defense access to domestic scientific and technological talent in areas of strategic importance to national security.
added
Designation— The traineeship program established under subsection (a) shall be known as the “Traineeships for American Leaders to Excel in National Technology and Science” or “TALENTS program” (referred to in this section as the “traineeship program”).
added
Program priorities— The Secretary, in consultation with the Defense Science Board and the Defense Innovation Board, shall determine the multidisciplinary fields of study on which the traineeship program will focus and, in making such determination, shall consider the core modernization priorities derived from the most recent national defense strategy provided under section 113(g) of title 10, United States Code.
added
Participating institutions— The Secretary shall establish partnerships with not fewer than ten eligible institutions selected by the Secretary for the purposes of the program under subsection (a).
added
Partnership activities— The activities conducted under the partnerships under subsection (d) between an eligible institution and the Department of Defense shall include—
added
providing traineeships led by faculty for eligible students described in subsection (h); and
added
establishing scientific or technical internship programs for such students.
added
Preference in selection of institutions— In establishing partnerships under subsection (d), the Secretary shall consider—
added
the relevance of the eligible institution’s proposed partnership to existing and anticipated strategic national needs, as determined under subsection (c);
added
the ability of the eligible institution to effectively carry out the proposed partnership;
added
the geographic location of an eligible institution as it relates to the need of the Department of Defense to develop specific workforce capacity and skills within a particular region of the country;
added
whether the eligible institution is a covered minority institution;
added
the extent to which the eligible institution’s proposal would—
added
include students underrepresented in the fields of science, technology, engineering, and mathematics; or
added
involve partnering with one or more covered minority institutions; and
added
the integration of internship opportunities into the program provided by the eligible institution, including internships with government laboratories, non-profit research organizations, and for-profit commercial entities.
added
Grants—
added
In general— The Secretary may provide grants to individuals who are eligible students described in subsection (h) to—
added
participate in activities under subsection (e);
added
pay tuition, fees, and other costs associated with participating in such activities;
added
pay other costs associated with participating in the traineeship program; and
added
pay costs associated with other scientific or technical internship or fellowship programs.
added
Award totals— The total amount of grants awarded to individuals at an eligible institution under this section in each fiscal year shall not exceed $1,000,000.
added
Duration— The duration of each grant under this section shall not exceed 4 years.
added
Eligible students— In order to receive any grant under this section, a student shall—
added
be a citizen or national of the United States or a permanent resident of the United States;
added
be enrolled or accepted for enrollment at an eligible institution in a masters or doctoral degree program in a field of study determined under subsection (c); and
added
if the student is presently enrolled at an institution, be maintaining satisfactory progress in the course of study the student is pursuing in accordance section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)).
added
Preferential Federal Government hiring— The Secretary, in coordination with the Director of the Office of Personnel Management, shall develop and implement a process by which traineeship program participants shall receive preferred consideration in hiring activities conducted by the Department of Defense and each Department of Defense Laboratory.
added
Definitions— In this section:
added
The term eligible institution means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).
added
The term covered minority institution has the meaning given the term covered institution in section 262(g)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2362 note).
added
The term Department of Defense Laboratory means—
added
a laboratory operated by the Department of Defense or owned by the Department of Defense and operated by a contractor; or
added
a facility of a Defense Agency (as defined in section 101(a) of title 10, United States Code) at which research and development activities are conducted.
Sec. 280 Briefing and report on use of distributed ledger technology for defense purposes
added
added
Briefing required—
added
In general— Not later than 30 days after the date of the enactment of this Act, Under Secretary of Defense for Research and Engineering shall provide to the congressional defense committees a briefing on the potential use of distributed ledger technology for defense purposes.
added
Elements— This briefing under paragraph (1) shall include—
added
an explanation of how distributed ledger technology may be used by the Department of Defense to—
added
improve cybersecurity, beginning at the hardware level, of vulnerable assets such as energy, water, and transport grids through distributed versus centralized computing;
added
reduce single points of failure in emergency and catastrophe decision-making by subjecting decisions to consensus validation through distributed ledger technologies;
added
improve the efficiency of defense logistics and supply chain operations;
added
enhance the transparency of procurement auditing; and
added
allow innovations to be adapted by the private sector for ancillary uses; and
added
any other information that the Under Secretary of Defense for Research and Engineering determines to be appropriate.
added
Report required—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report on the research, development, and use of distributed ledger technologies for defense purposes.
added
Elements— The report under paragraph (1) shall include—
added
a summary of the key points from the briefing provided under subsection (a);
added
an analysis of activities that other countries, including the People’s Republic of China and the Russian Federation, are carrying out with respect to the research and development of distributed ledger technologies, including estimates of the types and amounts of resources directed by such countries to such activities;
added
recommendations identifying additional research and development activities relating to distributed ledger technologies that should be carried out by the Department of Defense and cost estimates for such activities; and
added
an analysis of the potential benefits of—
added
consolidating research on distributed ledger technologies within the Department; and
added
developing within the Department a single hub or center of excellence for research on distributed ledger technologies; and
added
any other information that the Under Secretary of Defense for Research and Engineering determines to be appropriate.
Sec. 281 Admission of essential scientists and technical experts to promote and protect the National Security Innovation Base
added
added
Special immigrant status— In accordance with the procedures established under subsection (f)(1), and subject to subsection (c)(1), the Secretary of Homeland Security may provide an alien described in subsection (b) (and the spouse and children of the alien if accompanying or following to join the alien) with the status of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if the alien—
added
submits a classification petition under section 204(a)(1)(G)(i) of such Act (8 U.S.C. 1154(a)(1)(G)(i)); and
added
is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence.
added
Aliens described— An alien is described in this subsection if—
added
the alien—
added
is employed by a United States employer and engaged in work to promote and protect the National Security Innovation Base;
added
is engaged in basic or applied research, funded by the Department of Defense, through a United States institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); or
added
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 ); and
added
the Secretary of Defense issues a written statement to the Secretary of Homeland Security confirming that the admission of the alien is essential to advancing the research, development, testing, or evaluation of critical technologies described in paragraph (1)(C) or otherwise serves national security interests.
added
Numerical limitations—
added
In general— The total number of principal aliens who may be provided special immigrant status under this section may not exceed—
added
10 in each of fiscal years 2021 through 2030; and
added
100 in fiscal year 2031 and each fiscal year thereafter.
added
Exclusion from numerical limitations— Aliens provided special immigrant status under this section shall not be counted against the numerical limitations under sections 201(d), 202(a), and 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b(4)).
added
Defense competition for scientists and technical experts— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop and implement a process to select, on a competitive basis from among individuals described in section (b), individuals for recommendation to the Secretary of Homeland Security for special immigrant status described in subsection (a).
added
Authorities— In carrying out this section, the Secretary of Defense shall authorize appropriate personnel of the Department of Defense to use all personnel and management authorities available to the Department, including the personnel and management authorities provided to the science and technology reinvention laboratories, the Major Range and Test Facility Base (as defined in 196(i) of title 10, United States Code), and the Defense Advanced Research Projects Agency.
added
Procedures— Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security and Secretary of Defense shall jointly establish policies and procedures implementing the provisions in this section, which shall include procedures for—
added
processing of petitions for classification submitted under subsection (a)(1) and applications for an immigrant visa or adjustment of status, as applicable; and
added
thorough processing of any required security clearances.
added
Fees— The Secretary of Homeland Security shall establish a fee to—
added
be charged and collected to process an application filed under this section; and
added
that is set at a level that will ensure recovery of the full costs of such processing and any additional costs associated with the administration of the fees collected.
added
Implementation report required— Not later than 360 days after the date of the enactment of this Act, the Secretary of Homeland Security and Secretary of Defense shall jointly submit to the appropriate congressional committees a report that includes—
added
a plan for implementing the authorities provided under this section; and
added
identification of any additional authorities that may be required to assist the Secretaries in fully implementing section.
added
Program evaluation and report—
added
Evaluation— The Comptroller General of the United States shall conduct an evaluation of the competitive program and special immigrant program described in subsections (a) through (g).
added
Report— Not later than October 1, 2025, the Comptroller General shall submit to the appropriate congressional committees a report on the results of the evaluation conducted under paragraph (1).
added
Definitions— In this section:
added
The term appropriate congressional committees means—
added
the Committee on Armed Services and the Committee on the Judiciary of the House of Representatives; and
added
the Committee on Armed Services and the Committee on the Judiciary of the Senate.
added
The term National Security Innovation Base means the network of persons and organizations, including Federal agencies, institutions of higher education, federally funded research and development centers, defense industrial base entities, nonprofit organizations, commercial entities, and venture capital firms that are engaged in the military and non-military research, development, funding, and production of innovative technologies that support the national security of the United States.
Sec. 302 Funding for Army Community Services
added
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance for Army base operations support, line 100, as specified in the corresponding funding table in section 4301, for Army Community Services is hereby increased by $30,000,000.
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, for Army Force Readiness Operations Support, line 070, as specified in the corresponding funding table in section 4301, is hereby reduced by $15,000,000.
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, for Army Land Forces Operations Support, as specified in the corresponding funding table in section 4301, line 050, is hereby reduced by $15,000,000.
Sec. 303 Increase in funding for Air Force reserve contractor systems support
added
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Defense-wide Operating Forces, as specified in the corresponding funding table in section 4301, for Special Operations Command maintenance, Line 70, is hereby increased by $22,000,000.
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Air Force Operating Forces, as specified in the corresponding funding table in section 4301, Administration and Service-Wide Activities, Line 400, is hereby reduced by $22,000,000.
Sec. 315 Increased transparency through reporting on usage and spills of aqueous film-forming foam at military installations
In general— Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section:
“2712. Reporting on usage and spills of aqueous film-forming foam
changed
“Not “(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 House of Representatives notice of such usage or spill. Each such notice shall include each of the following:
“(1) The name of the installation where the usage or spill occurred.
“(2) The date on which the usage or spill occurred.
“(3) The amount, type, and specified concentration of aqueous film-forming foam that was used or spilled.
“(4) The cause of the usage or spill.
changed
“(5) A summary narrative of the usage or spill.”spill.
added “(6) A description of what actions have been taken to arrest and clean up the spill.
added “(7) A description of coordination with relevant local and State authorities and environmental protection agencies.
added “(b) Action plan—Not later than 30 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 House of Representatives an action plan for addressing such usage or spill.”
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
Sec. 316 Replacement of non-tactical motor vehicles at the end of service life with electric or hybrid motor vehicles
Section 2922g of title 10, United States Code, is amended—
by redesignating subsections (b) and (c) as subsections (c) and (d), respectively;
by inserting after subsection (a) the following new subsection (b):
“(b) End of life replacement—Upon the end of the lease or service life of a motor vehicle, the Secretary of the military department or the head of the Defense Agency shall, to the maximum extent possible, replace such motor vehicle with a motor vehicle that uses an electric or hybrid propulsion system, including a plug-in hybrid system.”
changed
in subsection (c), as so redesignated, by striking “Subsection (a) does not” and inserting “Subsections (a) and (b) do not”; andnot”;
changed
in subsection (d), as so redesignated, by striking “The preference required by subsection (a) does not” and inserting “The preference under subsection (a) and the requirement under subsection (b) do not”.not”; and
added
by inserting after subsection (d) the following new subsection:
added “(e) Inclusion of off-Road vehicles—In this section, the term “motor vehicle” includes off-road vehicles, including construction or agricultural equipment.”
Sec. 320 Five-year reviews of containment technologies relating to Red Hill Bulk Fuel Storage Facility
Reviews—
changed
Reviews required— At least once every five 5 years, the Secretary of the Navy shall conduct a review of available technologies relating to the containment of fuel to determine whether any such technology may be used to improve the containment of fuel with respect to storage tanks located at the Red Hill Bulk Fuel Storage Facility, Hawaii.
changed
Deadline for initial review— The Secretary shall begin the first review under paragraph (1) by not later than the date that is one 1 year after the date of the enactment of this Act.
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—
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
the feasibility and cost of implementing any such technology at the Red Hill Bulk Fuel Storage Facility.
Termination— The requirements to conduct reviews under subsection (a) and provide briefings under subsection (b) shall terminate on the date on which the Red Hill Bulk Fuel Storage Facility ceases operation, as determined by the Secretary of the Navy.
Sec. 322 Requirement to update Department of Defense climate change roadmap
In general— Not later than February 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives an update to the Department of Defense 2014 Climate Change Adaptation Roadmap. Such update shall include an outline of the strategy and implementation plan of the Department to address the current and foreseeable effects of climate change on the mission of the Department of Defense.
Elements of strategy and implementation plan— The strategy and implementation plan required to be included in the update under subsection (a) shall include—
changed
a description of the overarching approach of the Department to climate adaptation and climate mitigation measures; andmeasures;
a discussion of the current and foreseeable effects of climate change on—
plans and operations, including—
military readiness;
increased frequency of extreme weather events, including flooding, drought, desertification, wildfires, thawing permafrost, hurricanes, and extreme heat;
changed
geopolitical conflicts or disputes, emerging threats, and instability caused or exacerbated by climate events, change, including tensions related to drought, famine, infectious disease, geoengineering, energy transitions, extreme weather;weather, migration, and competition for scarce resources;
increased demand for Defense Support for Civil Authorities and disaster or humanitarian relief operations;
the operating environment of the Arctic and of the strategic and geopolitical implications of a progressively more ice-free Arctic Ocean; and
alteration or limitation on operation environments;
training and testing, including—
changes in land carrying capacity;
increased maintenance and repair requirements for equipment and infrastructure;
changed
health of military personnel, including mitigation of infectious diseases, heat stress and heat-related illnesses resulting from increasing temperatures;
changed
increased dust generation generation, air pollution, and fire hazards; and
maintaining testing and training capacity to support increased operations and civil support missions;
built and natural infrastructure, including—
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;
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;
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;
best practices for modeling and mitigating risks posed to military installations by increased inundation, erosion, flood, wind, and fire damage;
changing energy demand at military installations to include heating and cooling, particularly in communities experiencing grid stress;
disruption and competition for reliable energy and water resources;
added
geoengineering and energy transitions;
renumbered
was (3)(4)(4)(8)
increased maintenance and sustainment costs;
renumbered
was (3)(4)(4)(9)
damage to natural and constructed infrastructure from thawing permafrost and sea ice; and
renumbered
was (3)(4)(4)(10)
the effects of climate stress on community support infrastructure, including roads, transportation hubs, and medical facilities;
acquisition and supply chain, including—
measures to ensure that the current and projected future scale and impacts of climate change are fully considered in the research, development, testing, and acquisition of major weapon systems and of associated supplies and equipment;
required alterations of stockpiles;
reduced or changed availability and access to materials, equipment, and supplies, including water and food sources;
disruptions in fuel availability and distribution;
changed
estimated climate security investments required to address foreseeable costs incurred or influenced by climate change for each of the lines of effort in this report, including extreme weather response, over the next five, ten, 5, 10, and twenty 20 years, with topline estimates and a qualitative discussion of cost drivers for each; and
equipment and infrastructure investments required to address a changing Arctic environment; and
changed
such other matters as the Secretary determines appropriate.appropriate; and
added
a list of the ten most concerning existing or emerging conflicts or threats that pose a risk to the security of the United States that may be exacerbated by climate change.
Assessments and projections of the scope and scale of climate change— In preparing the update to the climate change roadmap as required under subsection (a), the Secretary shall consider—
climate projections from the Global Change Research Office, National Climate Assessment, the National Oceanic and Atmospheric Administration, and other Federal agencies; and
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.
Form— The update to the climate change roadmap required under subsection (a) shall be submitted in an unclassified form, but may contain a classified annex. If the Secretary determines that the inclusion of a classified annex is necessary, the Secretary shall conduct an in-person briefing for Members of the Committees on Armed Services of the Senate and House of Representatives by not later than 90 days after date of the submission of the update.
Sec. 323 Comptroller General report on Department of Defense installation energy
changed
GAO report— Not later than one 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the progress of the Department of Defense toward reaching net zero goals, including an agency-wide view and breakdowns of progress by service branch.
Contents of report— The report required under subsection (a) shall include—
an analysis of the extent to which the Department of Defense has implemented net zero initiatives to date and developed a forward-looking integrated net zero strategy for energy, emissions, water, and waste management and the extent to which each of the military departments has implemented such strategy;
a description of the current challenges to implementing net zero initiatives or meeting net zero goals and the degree to which the Department of Defense and the military departments have addressed applied lessons learned;
a cost-benefit analysis of net zero initiatives, including a description of how such costs and benefits are identified, tracked, and validated;
a description of the feasibility of achieving net zero benchmarks of 25 percent, 50 percent, 75 percent, and 100 percent of the energy, emissions, water, and waste management levels for 2020, including anticipated funding requirements, statutory requirements, infrastructure needs, and timeframes; and
an analysis of the integration between energy offices with program offices, budget, and operational planners within the Department of Defense and military departments across the enterprise, and recommendations for improving coordination.
Form of report— The report required under this section shall be submitted in unclassified form, but may contain a classified annex.
Sec. 324 Department of Defense report on emissions levels
changed
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Department of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives and to the Comptroller General a report on the total level of emissions for each of the last ten 10 fiscal years. Such emissions levels shall include the agency-wide total, breakdowns by military department, and delineations between installation and operational emissions.
Form of report— The report required under this section shall be submitted in unclassified form, but may contain a classified annex.
Sec. 325 Objectives, performance standards, and criteria for use of wildlife conservation banking programs
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.
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Deadline for regulations— The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall publish an advance notice of proposed rulemaking for the regulations required by subsection (a) by not later than one 1 year after the date of the enactment of this Act.
Sec. 326 Offshore wind energy development, Morro Bay, California
Findings— Congress makes the following findings:
Since 2016, the Department of Defense and Department of the Navy have been working with State and Federal stakeholders to determine whether a commercial lease for the development of renewable energy off the coast of Morro Bay, California could be developed in a manner that is compatible with the training and readiness requirements of the Department of Defense.
Military readiness and the ability to conduct realistic training are critical to our national security; however, energy security and other ocean uses are also important. These interests should be balanced to the extent practicable when analyzing offshore energy proposals.
In August 2019, Members of Congress, the Assistant Secretary of Defense for Sustainment, senior officials from other Federal agencies, and state and local elected representatives met to discuss a path forward to accommodate wind energy development off the Central Coast of California while ensuring the Department of Defense was able to continue meeting its testing, training, and operational requirements.
Following the initial meeting in August 2019, the stakeholder group continued meeting at roughly monthly intervals through 2019 and into 2020 to discuss options and work towards a mutually agreeable solution for renewable energy development and continued military testing, training, and operational requirements off the Central Coast of California.
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In May 2020, the Assistant Secretary of the Navy for Energy, Installations, and Environment notified stakeholders that despite the previous year of negotiations, it was his view any wind energy developments off the Central Coast of California may not be viewed as being compatible with military activities. This unilateral decision was made abruptly, without providing any supporting analysis or acknowledgment of the progress and commitments made during previous negotiations, and was not in the spirit of cooperation and collaboration that had driven the previous nine 9 months of stakeholder engagements.
Stakeholder confidence in the Department of Defense review process is paramount. Abrupt and unilateral changes of course erode confidence and undermine the State, local, and industry trust in a fair, transparent, and predictable adjudication of potential conflicts.
In early 2019, in order to create continuity between the offshore and terrestrial processes, the Department of Defense consolidated its review of proposed energy development projects so that offshore energy proposals were now included in the Military Aviation and Installation Assurance Clearinghouse (the Clearinghouse). The Clearinghouse has a proven record for reviewing proposed energy development projects through a fair and transparent process. The Morro Bay proposal pre-dates this consolidation but underwent a similar Department of Defense led compatibility review.
Congress has generally supported the transparent and fair Clearinghouse review process, as well as all efforts between the Department of Defense and other stakeholders to reach solutions that allow for the development of energy projects in a manner that is compatible with military testing, training, and operational requirements.
Legislating a solution to a specific energy development proposal should only be reserved for rare occasions. Due to Navy’s abrupt and unilateral decision to walk away from productive negotiations, after months of good-faith efforts by other stakeholders and public engagement, the threshold for congressional intervention has been reached.
Responsibility— All interaction on behalf of the Department of the Navy with the California Energy Commission, Federal agencies, State and local governments, and potential energy developers regarding proposed offshore wind energy off the central coast of California shall be performed through the Office of the Under Secretary of Defense for Acquisition and Sustainment.
Briefing requirement; limitation—
Briefing— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services and the Committee on Natural Resources of the House of Representatives a briefing on status of the review by the Offshore Energy Working Group of the request to locate at least two offshore wind lease areas proximate to and within the Morro Bay Call Area. Such briefing shall include—
a detailed map that shows any areas identified;
proposed mitigations that would enable compatible development in the areas identified;
any unresolved issues; and
any other terms of the agreement reached with the California Energy Commission, other Federal agencies, State and local governments, and potential energy developers.
Limitation— The Secretary of Defense may not issue a final offshore wind assessment that proposes wind exclusion areas and may not object to an offshore energy project in the Central Coast of California that has filed for review by the Military Aviation and Installation Assurance Clearinghouse until the Secretary provides the briefing required under paragraph (1).
Limitation on use of funds— Of the amounts authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2021, not more than 75 percent may be obligated or expended for the Office of the Assistant Secretary of the Navy for Energy, Installations, and Environment until the date that is 30 days after the date on which the briefing required under subsection (c)(1) is provided.
Sec. 329 Survey of technologies for Department of Defense application in phasing out the use of fluorinated aqueous film-forming foam
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.
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Report— Not later than one 1 year after the date of enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the survey conducted under subsection (a). Such report shall include—
a description of the technologies included in the survey;
a list of the technologies that were considered for further testing or analysis; and
any technologies that are undergoing additional analysis for possible application within the Department.
Sec. 330 Interagency body on research related to per- and polyfluoroalkyl substances
Establishment— The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council, shall establish an interagency working group to coordinate Federal activities to advance research and development needed to address PFAS.
Agency participation— The interagency working group shall include a representative of each—
the Environmental Protection Agency;
the National Institute of Environmental Health Sciences;
the Agency for Toxic Substances and Disease Registry;
the National Science Foundation;
the Department of Defense;
the National Institutes of Health;
the National Institute of Standards and Technology;
the National Oceanic and Atmospheric Administration;
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the Department of the Interior;
the Department of Transportation;
the Department of Homeland Security;
the National Aeronautics and Space Administration;
the National Toxicology Program;
the Department of Agriculture;
the Geological Survey;
the Department of Commerce;
the Department of Energy;
the Office of Information and Regulatory Affairs;
the Office of Management and Budget; and
any such other Federal department or agency as the President considers appropriate.
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Co-chairs—Co-Chairs— The Interagency working group shall be co-chaired by the Director of the Office of Science and Technology Policy and, on an annual rotating basis, a representative from a Member agency, as selected by the Director of the Office of Science and Technology Policy.
Responsibilities of the working group— The interagency working group established under subsection (a) shall—
provide for interagency coordination of Federally funded PFAS research and development; and
not later than 12 months after the date of enactment of this Act, develop a strategic plan for Federal support for PFAS research and development (to be updated not less than every 2 years) that—
identifies all current Federally funded PFAS research and development, including the nature and scope of such research and development and the amount of funding associated with such research and development during the current fiscal year, disaggregated by agency;
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—
alternatives to PFAS that are designed to be safer and more environmentally friendly;
methods for removal of PFAS from the environment; and
methods to safely destroy or degrade PFAS;
establishes goals, priorities, and metrics for Federally funded PFAS research and development that takes into account the current state of research and development identified in paragraph (A) and the challenges identified in paragraph (B); and
an implementation plan for Federal agencies.
Consultation— In developing the strategic plan under subsection (d), the interagency working group shall consult with states, tribes, territories, local governments, appropriate industries, academic institutions and nongovernmental organizations with expertise in PFAS research and development, treatment, management, and alternative development.
Annual report— For each fiscal year beginning with fiscal year 2022, not later than 90 days after submission of the President’s annual budget request for such fiscal year, the Interagency working group shall prepare and submit to Congress a report that includes—
a summary of Federally funded PFAS research and development for such fiscal year and the preceding fiscal year, including a disaggregation of spending for each participating Federal agency; and
a description of how Federal agencies are implementing the strategic plan described in subsection (d).
PFAS research and development— The term “PFAS research and development” includes any research or project that has the goal of accomplishing the following:
The removal of PFAS from the environment.
The safe destruction or degradation of PFAS.
The development and deployment of safer and more environmentally friendly alternative substances that are functionally similar to those made with PFAS.
The understanding of sources of environmental PFAS contamination and pathways to exposure for the public.
The understanding of the toxicity of PFAS to humans and animals.
Sec. 334 Notification to agricultural operations located in areas exposed to Department of Defense PFAS use
Notification required— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Agriculture, shall provide a notification described in subsection (b) to any agricultural operation located within 10 square miles of a location where covered PFAS—
has been detected in groundwater;
has been hydrologically linked to a local water source, including a water well; and
is suspected to be, or due to a positive test known to be, the result of the use of PFAS at any installation of the Department of Defense located in the United States or any State-owned facility of the National Guard.
Notification requirements— The notification required under subparagraph (a) shall include:
The name of the Department of Defense or National Guard installation from which the PFAS contamination in groundwater originated.
The specific type of PFAS detected in groundwater.
The detection levels of PFAS detected.
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.
Additional testing results— The Secretary of Defense shall provide to an agricultural operation that receives a notice under subsection (a) any pertinent updated information, including any results of new elevated testing, by not later than 15 days after receiving such information.
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—
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;
the PFAS substances detected in groundwater; and
the levels of PFAS detected.
Definitions— In this section:
The term “covered PFAS” means each of the following:
Perfluorooctanoic acid (commonly referred to as “PFOA”) (Chemical Abstracts Service No. 335–67–1).
Perfluorooctane sulfonic acid (commonly referred to as “PFOS”) (Chemical Abstracts Service No. 1763–23–1).
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Perfluorobutanesulfonic acid ( commonly referred to as “PFBS”) (Chemical Abstracts Service No. 375-73-5).375–73–5).
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Perfluorohexane sulfonate (commonly referred to as “PFHxs”) (Chemical Abstracts Service No. 108427-53-8).108427–53–8).
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Perfluoroheptanoic acid (commonly referred to as “PFHpA”) (Chemical Abstracts Service No. 375-85-9).375–85–9).
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Perfluorohexanoic acid (commonly referred to as “PFHxA”) (Chemical Abstracts Service No. 307-24-4).307–24–4).
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Perfluorodecanoic acid (commonly referred to as “PFDA”) (Chemical Abstracts Service No. 335-76-2).335–76–2).
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Perfluorononanoic acid (commonly referred to as “PFNA”) (Chemical Abstracts Service No. 375-95-1).375–95–1).
The term “PFAS” means a perfluoroalkyl or polyfluoroalkyl substance with at least one fully fluorinated carbon atom, including the chemical GenX.
Sec. 335 Public disclosure of results of Department of Defense testing for perfluoroalkyl or polyfluoroalkyl substances
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Public disclosure of pfas PFAS testing— The Secretary of Defense shall publicly disclose the results of any testing for perfluoroalkyl or polyfluoroalkyl substances (commonly referred to as “PFAS”) conducted on military installations or formerly used defense sites, and any testing for lead or copper at a Department education activity facility, including—
all such testing results conducted by the Department of Defense; and
all such testing results conducted by a non-Department entity (including any Federal agency and any public or private entity) under contract by or pursuant to an agreement with the Department of Defense.
Nature of disclosure— The Secretary of Defense may satisfy the disclosure requirement under subsection (a) by publishing the information, datasets, and results relating to the testing referred to in such subsection—
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on the publicly available website established under section 331(b) of the National Defense Authorization Act of 2020 (Public Law 116–92);116–92) by not later than 7 days after such information, datasets, and results become available;
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on another publicly available website of the Department of Defense; Defense by not later than 7 days after such information, datasets, and results become available; or
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in the Federal Register.Register by not later than 30 days after such information, datasets, and results become available.
Requirements— The information required to be disclosed by the Secretary of Defense under subsection (a) and published under subsection (b) shall—
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constitute a record for the purposes of chapter chapters 21, 29, 31, and 33 of title 44, United States Code; and
include any underlying datasets or additional information of interest to the public, as determined by the Secretary of Defense.
Local notification— Prior to conducting any testing for perfluoroalkyl or polyfluoroalkyl substances, the Secretary of Defense shall provide to the managers of the public water system and the publicly owned treatment works serving the areas located immediately adjacent to the military installation where such testing is to occur notice in writing of the testing.
Definitions— In this section:
The term “formerly used defense site” means any site formerly used by the Department of Defense or National Guard eligible for environmental restoration by the Secretary of Defense funded under the “Environmental Restoration Account, Formerly Used Defense Sites” account established under section 2703(a)(5) of title 10, United States Code.
The term “military installation” has the meaning given such term in section 2801(c)(4) of title 10, United States Code.
The term “perfluoroalkyl or polyfluoroalkyl substance” means any per or polyfluoroalkyl substance with at least one fully fluorinated carbon atom.
The term “public water system” has the meaning given such term under section 1401(4) of the Safe Drinking Water Act (42 U.S.C. 300f(4)).
The term “treatment works” has the meaning given such term in section 212(2) of the Federal Water Pollution Control Act (33 U.S.C. 1292(2)).
Sec. 336 Biological threats report
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In general— Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report on efforts to prevent, detect, and respond to biological threats, including through cooperation with bilateral and multilateral partners.
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Elements— The report shall include the following:
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A description of actions taken by the Department of Defense to improve proliferation prevention regarding, detection of, and response to biological threats of natural, accidental, or deliberate origin, including the following:
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Department of Defense policy guidance to address the threat of naturally and accidentally occurring diseases in addition to potential deliberate biological events.
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Organizational chart describing those responsible in each Department for coordinating these activities, in accordance with the report required by section 745 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
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A description of efforts to integrate Department of Defense infectious disease research, cooperative threat reduction programs, and other activities designed to protect Department of Defense personnel against infectious disease threats.
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Programs and policies to address the threat of accidental or deliberate misuse of emerging biological technologies, including synthetic biology, including Cooperative Threat Reduction, efforts to cooperate with other partners to establish international norms and standards, consideration of new technologies in the Biological Threat Reduction Program, and efforts to develop countermeasures.
Sec. 337 Report on energy savings performance contracts
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In general— Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the use of energy savings performance contracts (in this section referred to as “ESPCs”) by the Department of Defense. Such report shall include—
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the total investment value of the total number of ESPCs per service for fiscal years 2016 through 2020;
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the location of facilities with ESPCs for fiscal years 2016 through 2020;
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any limitations on expanding ESPCs throughout the Department of Defense;
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the effect ESPCs have on military readiness; and
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any additional information the Secretary determines relevant.
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Appropriate congressional committees— In this section, the appropriate congressional committees are—
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the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives; and
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the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Environment and Public Works of the Senate.
Sec. 338 Sense of Congress regarding an integrated master plan towards achieving net zero
addedadded It is the sense of Congress that the Department of Defense should develop an integrated master plan for pursuing Net Zero initiatives and reductions in fossil fuels using the findings of—
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the assessment of Department of Defense operational energy usage required under section 318;
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the Comptroller General report on Department of Defnse installation energy required under section 323; and
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the Department of Defense report on emissions required under section 324.
Sec. 339 Increase in funding for Centers for Disease Control Study on health implications health implications of per- and polyfluoroalkyl substances contamination in drinking water
addedadded Section 316(a)(2)(B)(ii) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by striking “$10,000,000” and inserting “$15,000,000”.
Sec. 340 Moratorium on incineration by Department of Defense of perfluoroalkyl substances, polyfluoroalkyl substances, and aqueous film forming foam
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In general— Beginning on the date of the enactment of this Act, the Secretary of Defense shall prohibit the incineration of materials containing per- and polyfluoroalkyl substances or aqueous film forming foam until regulations have been prescribed by the Secretary that—
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implement the requirements of section 330 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92); and
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take into consideration the interim guidance published by the Administrator of the Environmental Protection Agency under section 7361 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
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Report— Not later than 1 year after the publication of the final regulations described in subsection (a), and annually thereafter, the Secretary shall submit to the Administrator of the Environmental Protection Agency a report on all incineration by the Department of Defense of materials containing perfluoroalkyl substances, polyfluoroalkyl substances, or aqueous film forming foam during the year covered by the report, including—
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the total amount of such materials incinerated;
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the temperature range at which such materials were incinerated; and
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the locations and facilities where such materials were incinerated.
Sec. 341 Guaranteeing Equipment Safety for Firefighters Act of 2020
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Short title— This section may be cited as the “Guaranteeing Equipment Safety for Firefighters Act of 2020”.
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National Institute of Standards and Technology study on per- and polyfluoroalkyl substances in personal protective equipment worn by firefighters—
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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.
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Contents of study— In carrying out the study required by paragraph (1), the Director of the National Institute of Standards and Technology shall examine—
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the identity, prevalence, and concentration of per- and polyfluoroalkyl substances (commonly known as “PFAS”) in the personal protective equipment worn by firefighters;
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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
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the relative risk of exposure to per- and polyfluoroalkyl substances faced by firefighters from—
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their use of personal protective equipment; and
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degradation of personal protective equipment from normal use by firefighters.
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Reports—
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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.
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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—
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the findings of the Director with respect to the study; and
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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.
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Research on per- and polyfluoroalkyl substances in personal protective equipment worn by firefighters—
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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—
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issue a solicitation for research proposals to carry out the research recommendations identified in the report submitted under subsection (b)(3); and
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award grants to applicants that submit research proposals to develop safe alternatives to per- and polyfluoroalkyl substances in personal protective equipment.
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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).
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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—
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State and local agencies;
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public institutions, including public institutions of higher education;
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private corporations; and
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nonprofit organizations.
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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.
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Authorization of appropriations—
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In general— There are authorized to be appropriated to the Director $2,500,000 to carry out this section.
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Supplement not supplant— Funds made available to carry out this section shall supplement and not supplant funds made available to the Director for other purposes.
Sec. 342 Assessment of Department of Defense excess property programs with respect to need and wildfire risk
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Assessment of programs—
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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 at-risk community (as defined in section 101(1) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511(1)).
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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.
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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.
Sec. 353 Additional elements for inclusion in Navy ship depot maintenance budget report
Section 363(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by adding at the end the following new paragraphs:
“(6) The execution of the planned schedule, categorized by class of ship, for each of the three preceding fiscal years, including—
“(A) the actual contract award compared to the milestone;
“(B) the planned completion date compared to the actual completion date; and
“(C) each regional maintenance center’s availability schedule performance for on-time availability completion.
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“(7) In accordance with the findings of the Government Accountability Office (GAO 20-370)—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. 355 Independent advisory panel on weapon system sustainment
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.
Membership—
Composition— The panel shall be comprised of nine members, of whom—
five shall be appointed by the Secretary of Defense;
one shall be appointed by the Chairman of the Committee on Armed Services of the Senate;
one shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate;
one shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and
one shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives.
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.
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.
Duties— The panel shall—
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—
maximizing the availability and mission capabilities of weapon systems;
reducing overall life-cycle costs of weapon systems during fielding, operation and sustainment; and
aligning weapon system sustainment functions to the most recent national defense strategy submitted pursuant to section 113 of title 10, United States Code; and
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.
Report—
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Interim report— Not later than one 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.
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Final report— Not later than two 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 for a detailed statement of the findings and conclusions the panel as a result of the review described in subsection (c), together with such recommendations related to statutory, regulatory, policy, or operational practices as the panel considers appropriate in light of the results of the review.
Administrative matters—
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.
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.
Period of appointment; vacancies— Members of the panel shall be appointed for the duration of the panel. Any vacancy in the panel shall not affect its powers, but shall be filled in the same manner as the original appointment.
Chair— The panel shall select a Chair from among its members. The Chair may not be a Federal officer or employee.
Termination— The panel shall terminate 90 days after the date on which the panel submits the report required under subsection (d)(2).
Sec. 362 Explosive Ordnance Disposal Defense Program
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—
in paragraph (1)(A)—
by inserting “and” before “integration”; and
by striking “an Assistant Secretary of Defense” and inserting “the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict”;
in paragraph (2), by striking “to whom responsibility is assigned under paragraph (1)(A)” and inserting “for Special Operations and Low Intensity Conflict”;
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
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;
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“(B) the Under Secretary of Defense for Acquisition and Sustainment on explosive ordnance disposal research, development, acquisition, and acquisition;sustainment;
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“(C) the Under Secretary of Defense for Research and Engineering on explosive ordnance disposal research, development, test, and evaluation; andevaluation;
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“(D) the Assistant Secretary of Defense for Homeland Security and Global Security on explosive ordnance disposal on defense support of civil authorities;”authorities; and
added “(E) the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense programs on explosive ordnance disposal for combating weapons of mass destruction;”
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report of the Explosive Ordnance Disposal Defense Program under section 2284 of title 10, United States Code. Such report shall include each of the following:
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.
An assessment of the feasibility and advisability of designating the Joint Program Executive Officer for Armaments and Ammunition as the joint program executive officer for the explosive ordnance disposal program or establishing a rotation of the role between an Army, Navy, and Air Force entity on a periodic basis.
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. 364 Report on safety waivers and mishaps in Department of Defense munitions enterprise
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Report required— The Secretary shall include with the Department of Defense materials submitted to Congress with the budget of the President for each of fiscal years 2022 through 2025 (as submitted to Congress pursuant to section 1105 of title 31, United States Code), a report on safety waivers provided in the Department of Defense munitions enterprise. Each such report shall include each of the following for the year covered by the report and each of the preceding three 3 years:
A list of each waiver, exemption, and secretarial exemption or certification provided with respect to any Department of Defense munitions safety standard.
For each such waiver, exemption, or certification provided—
the location where the waiver, exemption, or certification was provided;
a summary of the justification used for providing the waiver, exemption, or certification;
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
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.
changed
A list and summary of all class A-E A through class E mishaps related to the construction, storage, transportation, usage, and demilitarization of munitions.
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.
Such other matters as the Secretary determines appropriate.
Munitions defined— In this section, the term “munitions” includes ammunition, explosives, and chemical agents.
Sec. 374 Clarification of National Biodefense Strategy
added
added
In general— The Secretary of Health and Human Services, in cooperation with the Biodefense Steering Committee, shall clarify the national biodefense strategy and associated implementation plan developed under section 1086 of the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 104) to clearly document agreed-upon processes, roles, and responsibilities for making and enforcing enterprise-wide decisions.
added
Specific clarifications— In carrying out subsection (a), the Secretary of Health and Human Services shall work with the head of each agency participating in the Biodefense Steering Committee, including the Administrator of the Federal Emergency Management Agency, to—
added
enter into a memorandum of understanding, or take such other action as is necessary, to describe the roles and responsibilities of the Federal departments and agencies, including internal and external coordination procedures, in identifying and sharing information, as described in section 1086(b)(4) of the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 104(b)(4));
added
clarify roles, responsibilities, and processes for decisionmaking that involves shifting resources across agency boundaries to more effectively or efficiently address enterprise-wide risk;
added
prepare an inventory and assessment of all existing strategies, plans, policies, laws, and interagency agreements with respect to biodefense;
added
establish a resource plan to staff, support, and sustain the efforts of the Biodefense Coordination Team;
added
clearly document guidance and methods for analyzing the data collected from agencies to include non-Federal resources and capabilities; and
added
not later than 90 days after the date of enactment of this Act, report to the appropriate congressional committees on possible implementation strategies, that will effectively and efficiently enhance information-sharing activities on biosurveillance data integration as identified in the national biodefense strategy and associated implementation plan described in subsection (a).
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:
added
The Committees on Armed Services of the House of Representatives and the Senate.
added
The Committees on Appropriations of the House of Representatives and the Senate.
added
The Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
added
The Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
added
The Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
Sec. 375 Report on biodefense
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes—
added
a description of the roles and responsibilities of Department of Defense entities with responsibility for biodefense or pandemic preparedness and response, including logistical support;
added
an updated Department of Defense implementation plan for biodefense and pandemic response operations that includes a separation of activities conducted under title 10, United States Code, and activities conducted under title 32, United States Code; and
added
recommendations for solving gaps in authorities or organizational structures that have inhibited COVID–19 response efforts.
Sec. 376 Facilitating agreements with other Federal agencies to limit encroachments
addedadded Section 2684a(d)(5) of title 10, United States Code, is amended—
added
in the second sentence of subparagraph (A), by inserting “or another Federal agency” after “to a State” both places it appears; and
added
by striking subparagraph (B) and inserting the following:
added “(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.”
Sec. 503 Redaction of personally identifiable information from records furnished to a promotion board
changed
Active-duty Active-Duty officers— Section 615(b) of title 10, United States Code, is amended—
by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively;
in the matter preceding subparagraph (A), as redesignated, by inserting “(1)” before “The Secretary”;
in subparagraph (C), as redesignated, by striking “whose name is furnished to the board” and inserting “under consideration by the board for promotion”;
by striking subparagraph (B), as redesignated, and redesignating subparagraphs (C) through (F) as subparagraphs (B) through (E), respectively; and
by adding at the end the following new paragraph:
“(2) The Secretary of the military department concerned shall redact any personally identifiable information from the information furnished to a selection board under this section.”
Reserve officers— Section 14107(b) of title 10, United States Code, is amended—
by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively;
in the matter preceding subparagraph (A), as redesignated, by inserting “(1)” before “The Secretary”;
in subparagraph (C), as redesignated, by striking “whose name is furnished to the board” and inserting “under consideration by the board for promotion”;
by striking subparagraph (B), as redesignated, and redesignating subparagraphs (C) through (E) as subparagraphs (B) through (D), respectively; and
by adding at the end the following new paragraph:
“(2) The Secretary of the military department concerned shall redact any personally identifiable information from the information furnished to a promotion board under this section.”
Enlisted members— Each Secretary of a military department shall prescribe regulations that require the redaction of any personally identifiable information from the information furnished to a board that considers for promotion an enlisted member of an Armed Force under the jurisdiction of that Secretary.
Sec. 504 Temporary expansion of availability of enhanced constructive service credit in a particular career field upon original appointment as a commissioned officer
added
added
Regular officers— Subparagraph (D) of section 533(b)(1) of title 10, United States Code, is amended to read as follows:
added “(D) Additional credit as follows:
added “(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.
added “(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.”
added
Reserve officers— Section 12207(b)(1) of such title is amended—
added
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
added
by striking subparagraph (D) and inserting the following new subparagraph:
added “(D) Additional credit as follows:
added “(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.
added “(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.”
added
Annual report—
added
In general— Not later than February 1, 2022, and every 4 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.
added
Elements— Each report under paragraph (1) shall include, for the fiscal year and Armed Forces covered by such report, the following:
added
The manner in which constructive service credit was calculated under each constructive credit authority.
added
The number of officers credited constructive service credit under each constructive credit authority.
added
A description and assessment of the utility of the constructive credit authorities in meeting the operational needs of the Armed Force concerned.
added
Such other matters in connection with the constructive credit authorities as the Secretary of the military department concerned considers appropriate.
Sec. 505 Permanent programs on direct commissions to cyber positions
addedadded Section 509 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 503 note) is amended—
added
by striking “pilot” each place it appears; and
added
by striking subsections (d) and (e).
Sec. 511 Grants to support STEM education in the Junior Reserve Officers’ Training Corps
Program authority—
In general— Chapter 102 of title 10, United States Code, is amended by adding at the end the following new section:
“2036. Grants to support science, technology, engineering, and mathematics education
“(a) Authority—The Secretary, in consultation with the Secretary of Education, may carry out a program to make grants to eligible entities to assist such entities in providing education in covered subjects to students in the Junior Reserve Officers’ Training Corps.
“(b) Coordination—In carrying out a program under subsection (a), the Secretary may coordinate with the following:
“(1) The Secretaries of the military departments.
“(2) The Secretary of Education.
“(3) The Director of the National Science Foundation.
“(4) The Administrator of the National Aeronautics and Space Administration.
“(5) The heads of such other Federal, State, and local government entities the Secretary of Defense determines to be appropriate.
“(6) Private sector organizations as the Secretary of Defense determines appropriate.
“(c) Activities—Activities funded with grants under this section may include the following:
“(1) Training and other support for instructors to teach courses in covered subjects to students.
“(2) The acquisition of materials, hardware, and software necessary for the instruction of covered subjects.
“(3) Activities that improve the quality of educational materials, training opportunities, and curricula available to students and instructors in covered subjects.
“(4) Development of travel opportunities, demonstrations, mentoring programs, and informal education in covered subjects for students and instructors.
“(5) Students’ pursuit of certifications in covered subjects.
“(d) Preference—In making any grants under this section, the Secretary shall give preference to eligible entities that are eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
“(e) Evaluations—In carrying out a program under this section, the Secretary shall establish outcome-based metrics and internal and external assessments to evaluate the merits and benefits of the activities funded with grants under this section with respect to the needs of the Department of Defense.
“(f) Authorities—In carrying out a program under this section, the Secretary shall, to the extent practicable, make use of the authorities under chapter 111 and sections 2601 and 2605 of this title, and other authorities the Secretary determines appropriate.
“(g) Definitions—In this section:
“(1) The term eligible entity means a local education agency that hosts a unit of the Junior Reserve Officers’ Training Corps.
“(2) The term covered subjects means—
“(A) science;
“(B) technology;
“(C) engineering;
“(D) mathematics;
“(E) computer science;
“(F) computational thinking;
“(G) artificial intelligence;
“(H) machine learning;
“(I) data science;
“(J) cybersecurity;
“(K) robotics;
“(L) health sciences; and
“(M) other subjects determined by the Secretary of Defense to be related to science, technology, engineering, and mathematics.”
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:
Report—
changed
In general— Not later than two 2 years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on any activities carried out under section 2036 of title 10, United States Code (as added by subsection (a)).
Congressional defense committees defined— In this subsection, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.
Sec. 514 Constructive credit for certain members of the reserve components who cannot complete minimum annual training requirements as a result of the COVID–19 pandemic
Authority— Under regulations prescribed by the Secretary of Defense, the Secretary, in computing retired pay pursuant to section 12733 of title 10, United States Code, may approve constructive credit, in addition to points earned under section 12732(a)(2) of such title, for a member of the reserve components of the Armed Forces who cannot complete minimum annual training requirements due to cancellation or other extenuating circumstance arising from the covered national emergency.
Reporting—
changed
Report required— Not later than one 1 year after the date on which the covered national emergency ends, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority under subsection (a).
Elements— The report under this subsection shall include, with respect to each reserve component, the following:
The number of individuals granted constructive credit as a result of a training cancellation.
The number of individuals granted constructive credit as a result of another extenuating circumstance.
Recommendations of the Secretary whether the authority under subsection (a) should be made permanent and under what circumstances such permanent authority should apply.
Publication— Not later than 30 days after submitting the report under paragraph (1), the Secretary shall—
publish the report on a publicly accessible website of the Department of Defense; and
ensure that any data in the report is made available in a machine-readable format that is downloadable, searchable, and sortable.
Covered national emergency defined— In this section, the term “covered national emergency” means the national emergency declared on March 13, 2020, by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to COVID–19.
Sec. 518 Pilot programs in connection with SROTC units and CSPI programs at Historically Black Colleges and Universities and minority institutions
Pilot programs required— The Secretary of Defense may carry out two pilot programs as follows:
A pilot program, with elements as provided for in subsection (c), at covered institutions in order to assess the feasibility and advisability of mechanisms to reduce barriers to participation in the Senior Reserve Officers' Training Corps at such institutions by creating partnerships between satellite or extension Senior Reserve Officers' Training Corps units at such institutions and military installations.
In consultation with the Secretary of Homeland Security, a pilot program, with elements as provided for in subsection (d), in order to assess the feasibility and advisability of the provision of financial assistance to members of the Senior Reserve Officers' Training Corps, and members of the Coast Guard College Student Pre-Commissioning Initiative, at covered institutions for participation in flight training.
changed
Duration— The duration of each pilot program under subsection (a) may not exceed five 5 years.
Pilot program on partnerships between satellite or extension SROTC units and military installations—
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.
Requirements for selection— Each covered institution selected by the Secretary for purposes of the pilot program under subsection (a)(1) shall—
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
establish and maintain a satellite or extension Senior Reserve Officers' Training Corps unit that meets the requirements in subparagraph (A).
Preference in selection of institutions— In selecting covered institutions under this subsection for participation in the pilot program under subsection (a)(1), the Secretary shall give preference to covered institutions that are located within 20 miles of a military installation of the same Armed Force as the host unit of the Senior Reserve Officers' Training Corps of the covered institution concerned.
Partnership activities— The activities conducted under the pilot program under subsection (a)(1) between a satellite or extension Senior Reserve Officers' Training Corps unit and the military installation concerned shall include such activities designed to reduce barriers to participation in the Senior Reserve Officers' Training Corps at the covered institution concerned as the Secretary considers appropriate, including measures to mitigate travel time and expenses in connection with receipt of Senior Reserve Officers' Training Corps instruction.
Pilot program on financial assistance for SROTC and CSPI members for flight training—
Eligibility for participation by SROTC and CSPI members— A member of a Senior Reserve Officers' Training Corps unit, or a member of a Coast Guard College Student Pre-Commissioning Initiative program, at a covered institution may participate in the pilot program under subsection (a)(2) if the member meets such academic requirements at the covered institution, and such other requirements, as the Secretary shall establish for purposes of the pilot program.
Preference in selection of participants— In selecting members under this subsection for participation in the pilot program under subsection (a)(2), the Secretary shall give a preference to members who will pursue flight training under the pilot program at a covered institution.
Financial assistance for flight training—
In general— The Secretary may provide any member of a Senior Reserve Officers' Training Corps unit or a College Student Pre-Commissioning Initiative program who participates in the pilot program under subsection (a)(2) financial assistance to defray, whether in whole or in part, the charges and fees imposed on the member for flight training.
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.
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.
Cessation of eligibility— Financial assistance may not be provided to a member under subparagraph (A) as follows:
If the member ceases to meet the academic and other requirements established pursuant to paragraph (1).
If the member ceases to be a member of the Senior Reserve Officers' Training Corps or the College Student Pre-Commissioning Initiative, as applicable.
Evaluation metrics— The Secretary of Defense shall establish metrics to evaluate the effectiveness of the pilot programs under subsection (a).
Reports—
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 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).
The evaluation metrics established under subsection (e).
Such other matters relating to the pilot programs as the Secretary considers appropriate.
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:
In the case of the pilot program required by subsection (a)(1), a description of the partnerships between satellite or extension Senior Reserve Officers' Training Corps units and military installations under the pilot program.
In the case of the pilot program required by subsection (a)(2), the following:
The number of members of Senior Reserve Officers' Training Corps units, and the number of members of Coast Guard College Student Pre-Commissioning Initiative programs, at covered institutions selected for purposes of the pilot program, including the number of such members participating in the pilot program.
The number of recipients of financial assistance provided under the pilot program, including the number who—
completed a ground school course of instruction in connection with obtaining a private pilot's certificate;
completed flight training, and the type of training, certificate, or both received;
were selected for a pilot training slot in the Armed Forces;
initiated pilot training in the Armed Forces; or
successfully completed pilot training in the Armed Forces.
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.
Data collected in accordance with the evaluation metrics established under subsection (e).
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 description of the pilot programs.
An assessment of the effectiveness of each pilot program.
A description of the cost of each pilot program, and an estimate of the cost of making each pilot program permanent.
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.
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.
Definitions— In this section:
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).
The term flight training means a course of instruction toward obtaining any of the following:
A private pilot’s certificate.
A commercial pilot certificate.
A certified flight instructor certificate.
A multi-crew pilot’s license.
A flight instrument rating.
Any other certificate, rating, or pilot privilege the Secretary considers appropriate for purposes of this section.
The term military installation means an installation of the Department of Defense for the regular components of the Armed Forces.
Sec. 519 Report regarding full-time National Guard duty in response to the COVID–19 pandemic
added
added
Report required— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report regarding how the Secretary determined whether to authorize full-time National Guard duty in response to the covered national emergency.
added
Elements— The report under this section shall include the following:
added
The number of requests described in subsection (a).
added
The number of such requests approved and the number of requests denied.
added
For each such request—
added
the time elapsed from receipt of request to disposition of request; and
added
whether costs (including pay and benefits for members of the National Guard) were a factor in determining whether to grant or deny the request.
added
For each such request approved, the time elapsed from approval to when the first such member of the National Guard was placed on full-time National Guard duty in response to such request.
added
For each such request denied, the reason for denial and how such denial was explained to the requestor.
added
A description of how the process of review for such requests differed from previous requests for full-time National Guard duty under section 502(f) of title 32, United States Code.
added
Recommendations of the Secretary to improve the review of such requests in order to better respond to such requests.
added
Definitions— In this section:
added
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.
added
The term “full-time National Guard duty” has the meaning given that term in section 101 of title 10, United States Code.
Sec. 520 Study and report on ROTC recruitment
added
added
Study— The Secretary of Defense shall conduct a study that assesses—
added
the efforts of the Department of Defense to recruit individuals to serve in the Junior Reserve Officers' Training Corps and the Senior Reserve Officers’ Training Corps over the period of 10 years preceding the date of the study;
added
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;
added
whether there is a correlation between race or ethnicity and the rank ultimately achieved by such members; and
added
the feasibility of establishing a program to create a pathway for minorities into higher ranks within the military.
added
Report— Not later than December 31, 2022, the Secretary of Defense shall submit to the congressional defense committee a report on the results of the study conducted under subsection (a).
Sec. 520A Transitional health benefits for certain members of the National Guard serving under orders in response to the coronavirus (COVID–19)
added
added
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).
added
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.
Sec. 520B Quarantine housing for members of the National Guard who perform certain duty in response to the COVID–19 emergency
added
added
In general— The Secretary of Defense shall provide, to a member of the National Guard who performs a period of covered duty, housing for not fewer than 14 days immediately after the end of such period of covered duty.
added
Definitions— In this section:
added
The term “covered duty” means full-time National Guard duty performed in response to the covered national emergency.
added
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.
added
The term “full-time National Guard duty” has the meaning given that term in section 101 of title 10, United States Code.
Sec. 520C National guard support to major disasters
added
added
In general— Section 502(f) of title 32, United States Code, is amended—
added
in paragraph (2), by adding at the end the following:
added “(C) Operations or missions authorized by the President or the Secretary of Defense to support large scale, complex, catastrophic disasters, as defined by section 311(3) of title 6, United States Code, at the request of a State governor.”
added
by adding at the end the following:
added “(4) With respect to operations or missions described under paragraph (2)(C), there is authorized to be appropriated to the Secretary of Defense such sums as may be necessary to carry out such operations and missions, but only if—
added “(A) an emergency has been declared by the governor of the applicable State; and
added “(B) the President has declared the emergency to be a major disaster for the purposes of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.”
added
Report on methods To enhance domestic response to large scale, complex and catastrophic disasters—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation and coordination with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, shall submit to the congressional defense, the Committees on Transportation and Infrastructure and Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report on their plan to establish policy and processes to implement the authority provided by the amendments made by section 520. The report shall include a detailed examination of the policy framework consistent with existing authorities, identify major statutory or policy impediments to implementation, and make recommendations for legislation as appropriate.
added
Contents— The report submitted under paragraph (1) shall include a description of—
added
the current policy and processes whereby governors can request activation of the National Guard under title 32, United States Code, as part of the response to large scale, complex, catastrophic disasters that are supported by the Federal Government and, if no formal process exists in policy, the Secretary of Defense shall provide a timeline and plan to establish such a policy, including consultation with the Council of Governors and the National Governors Association;
added
the Secretary of Defense’s assessment, informed by consultation with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, regarding the sufficiency of current authorities for the reimbursement of National Guard and Reserve manpower during large scale, complex, catastrophic disasters under title 10 and title 32, United States Code, and specifically whether reimbursement authorities are sufficient to ensure that military training and readiness are not degraded to fund disaster response, or invoking them degrades the effectiveness of the Disaster Relief Fund;
added
the Department of Defense’s plan to ensure there is parallel and consistent policy in the application of the authorities granted under section 12304a of title 10, United States Code, and section 502(f) of title 32, United States Code, including—
added
a description of the disparities between benefits and protections under Federal law versus State active duty;
added
recommended solutions to achieve parity at the Federal level; and
added
recommended changes at the State level, if appropriate;
added
the Department of Defense’s plan to ensure there is parity of benefits and protections for military members employed as part of the response to large scale, complex, catastrophic disasters under title 32 or title 10, United States Code, and recommendations for addressing shortfalls; and
added
a review, by the Federal Emergency Management Agency, of the current policy for, and an assessment of the sufficiency of, reimbursement authority for the use of all National Guard and Reserve, both to the Department of Defense and to the States, during large scale, complex, catastrophic disasters, including any policy and legal limitations, and cost assessment impact on Federal funding.
Sec. 520D Authority to reinstate and transfer officers in medical specialties in the reserve components of the Armed Forces previously retired honorably or under honorable conditions
added
added
In general— Section 14703(b) of title 10, United States Code, is amended—
added
in paragraph (1), by striking “paragraph (2)” and inserting “paragraphs (2) and (3)”; and
added
by adding at the end the following new paragraph:
added “(3) In the case of an officer in a medical specialty described in subsection (a) who was previously retired honorably or under honorable conditions beyond the date described in paragraph (1)—
added “(A) if the Secretary concerned determines it necessary, the Secretary concerned may, with the consent of the officer, reinstate the officer to an active status for such period as the Secretary concerned determines appropriate; or
added “(B) the officer may be transferred under section 716 of this title to another armed force and reinstated to an active status for such period as the Secretary concerned determines appropriate.”
added
Clerical amendments—
added
Section heading— The heading for section 14703 of title 10, United States Code, is amended to read as follows:
added “14703. Retention of chaplains and officers in medical specialties until specified age; retention, reinstatement, and transfer of officers in medical specialties beyond specified age”
added
Table of sections— The table of sections at the beginning of chapter 1409 of such title is amended by striking the item relating to section 14703 and inserting the following new item:
Sec. 520E Report regarding national guard youth challenge program
addedadded Not later than December 31, 2021, the Secretary of Defense shall submit a report to the congressional defense committees regarding the resources and authorities the Secretary determines necessary to identify the effects of the National Guard Youth Challenge Program on graduates of that program during the 5 years immediately preceding the date of the report. Such resources shall include the costs of identifying such effects beyond the 12-month, post-residential mentoring period of that program.
Sec. 520F Permanent suicide prevention and resilience program for the reserve components
addedadded Section 10219 of title 10, United States Code, is amended by striking subsection (h).
Sec. 524 Report regarding reviews of discharges and dismissals based on sexual orientation or gender identity
added
added
Report required— Not later than September 30, 2021, the Secretaries of Defense and Veterans Affairs shall jointly submit to Congress a report regarding former members of the Armed Forces who—
added
were discharged or dismissed from the Armed Forces;
added
have applied to either Secretary for an upgrade in the characterization of discharge or dismissal; and
added
allege in such applications that such discharges or dismissals arose from a policy of the Department of Defense regarding the sexual orientation or gender identity of a member.
added
Elements— The report under this section shall include the number of applications described in subsection (a) and the percentages of such applications granted and denied, disaggregated by—
added
Armed Force;
added
grade;
added
race;
added
ethnicity;
added
gender;
added
characterization of discharge or dismissal; and
added
upgraded characterization of discharge or dismissal, if applicable.
added
Publication— The Secretaries each shall publish the report under this section on a publicly accessible website of the respective department.
Sec. 525 Development of guidelines for use of unofficial sources of information to determine eligibility of members and former members of the Armed Forces for decorations and benefits when the service records are incomplete because of damage to the official record
addedadded Section 528 of National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 1121 note; 133 Stat.1357) is amended—
added
in the section heading, by inserting “and benefits” after “decorations”;
added
in subsection (a)—
added
by inserting “and the Secretary of Veterans Affairs” after “military departments”; and
added
by inserting “and benefits” after “decorations”;
added
by redesignating subsection (b) as subsection (c); and
added
by inserting after subsection (a) the following new subsection:
added “(b) Consultation—The Secretary of Defense shall prepare the guidelines in consultation with the Secretary of Veterans Affairs, with respect to veterans benefits under title 38, United States Code, whose eligibility determinations depend on the use of service records maintained by the Department of Defense.”
Sec. 526 Report on bad paper
added
added
Report required— Not later than September 1, 2021, the Inspector General of the Department of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding bad paper issued by the Department of Defense during the 20 years preceding the date of the report.
added
Elements— The report shall include, with regards to members who received bad paper, the following, if known:
added
Sex.
added
Age.
added
Religion.
added
Race.
added
Ethnicity.
added
Tribal affiliation.
added
Sexual orientation.
added
Reasons for discharge or dismissal.
added
In a case of a bad conduct or medical discharge, whether there is evidence the member suffered symptoms of sexual trauma, including—
added
post-traumatic stress disorder;
added
going absent without leave or on unauthorized absence;
added
inability to complete duties or carry out orders;
added
insubordination;
added
substance abuse;
added
or substance addiction;
added
Whether the member had filed a complaint within the chain of command regarding—
added
fraud, waste, or abuse of Federal funds;
added
a violation of military or Federal law;
added
a violation of the Uniform Code of Military Justice;
added
sexual assault;
added
sexual harassment;
added
sexual abuse;
added
sexual trauma; or
added
discrimination on the basis of sex, age, religion, race, ethnicity, Tribal affiliation, or sexual orientation.
added
Armed Force.
added
Any other information the Inspector General determines appropriate.
added
Interviews— To prepare report under this section, the Inspector General may interview veterans or other former members of the Armed Forces.
added
Bad paper defined— In this section, “bad paper” means a discharge or dismissal from the Armed Forces characterized as—
added
dishonorable;
added
bad conduct; or
added
other than honorable.
Sec. 532 Preservation of Court-martial records
Section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection:
changed
“(d) Preservation of court-martial court-Martial records without regard to outcome—The standards and criteria prescribed by the Secretary of Defense under subsection (a) shall provide for the preservation of general and special court-martial records, without regard to the outcome of the proceeding concerned, for not fewer than 15 years.”
Sec. 535 Termination of telephone, multichannel video programming, and internet access service contracts by servicemembers who enter into contracts after receiving military orders for permanent change of station but then receive stop movement orders due to an emergency situation
changed
Establishment and operation of program—In general— Section 102(h) 305A(a)(1) of the Uniformed and Overseas Citizens Absentee Voting Servicemembers Civil Relief Act (52 (50 U.S.C. 20302(h)) 3956) is amended to read as follows:amended—
added
by striking “after the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract.” and inserting “after—”; and
added
by adding at the end the following new subparagraphs:
added “(A) the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract; or
added “(B) the date the servicemember, while in military service, receives military orders for a permanent change of station, thereafter enters into the contract, and then after entering into the contract receives a stop movement order issued by the Secretary of Defense in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember from using the services provided under the contract.”
removed
“(h) Absentee ballot tracking program
removed
“(1) Requiring establishment and operation of program—The chief State election official, in coordination with local election jurisdictions, shall establish and operate an absentee ballot tracking program described in paragraph (2) for the use of absent uniformed services voters and overseas voters.
removed
“(2) Program described
removed
“(A) Information on transmission and receipt of absentee ballots—An absentee ballot tracking program described in this paragraph is a program under which—
removed
“(i) the State or local election official responsible for the transmission of absentee ballots in an election for Federal office operates procedures to track and confirm the transmission of such ballots and to make information on the transmission of such a ballot available by means of online access using the Internet site of the official’s office; and
removed
“(ii) the State or local election official responsible for the receipt of absentee ballots in an election for Federal office operates procedures to track and confirm the receipt of such ballots and (subject to subparagraph (B)) to make information on the receipt of such a ballot available by means of online access using the Internet site of the official’s office.
removed
“(B) Specific information on receipt of voted absentee ballots—The information required to be made available under clause (ii) of subparagraph (A) with respect to the receipt of a voted absentee ballot in an election for Federal office shall include information regarding whether the vote cast on the ballot was counted, and, in the case of a vote which was not counted, the reasons therefor. The appropriate State or local election official shall make the information described in the previous sentence available during the 30-day period that begins on the date on which the results of the election are certified, or during such earlier 30-day period as the official may provide.
removed
“(3) Use of Toll-Free Telephone Number by Officials Without Internet Site—A program established and operated by a State or local election official whose office does not have an Internet site may meet the requirements of paragraph (2) if the official has established and operates a toll-free telephone number that may be used to obtain the information on the transmission or receipt of the absentee ballot which is required under such paragraph.”
changed
Effective date—Retroactive application— The amendment amendments made by subsection (a) this section shall apply with respect to an election held during 2022 stop movement orders issued on or any succeeding year.after March 1, 2020.
Sec. 536 Absentee ballot tracking program
changed
Process required—Establishment and operation of program— The Secretary of Defense shall develop and implement a process to track investigations, criminal and administrative actions, and final determinations with respect to conduct of members Section 102(h) of the covered Armed Forces that is prohibited under Department of Defense Instruction 1325.06, titled “Handling Dissident Uniformed and Protest Activities Among Members of the Armed Forces”, or any successor instruction.Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(h)) is amended to read as follows:
added “(h) Absentee ballot tracking program
added “(1) Requiring establishment and operation of program—The chief State election official, in coordination with local election jurisdictions, shall establish and operate an absentee ballot tracking program described in paragraph (2) for the use of absent uniformed services voters and overseas voters.
added “(2) Program described
added “(A) Information on transmission and receipt of absentee ballots—An absentee ballot tracking program described in this paragraph is a program under which—
added “(i) the State or local election official responsible for the transmission of absentee ballots in an election for Federal office operates procedures to track and confirm the transmission of such ballots and to make information on the transmission of such a ballot available by means of online access using the Internet site of the official’s office; and
added “(ii) the State or local election official responsible for the receipt of absentee ballots in an election for Federal office operates procedures to track and confirm the receipt of such ballots and (subject to subparagraph (B)) to make information on the receipt of such a ballot available by means of online access using the Internet site of the official’s office.
added “(B) Specific information on receipt of voted absentee ballots—The information required to be made available under clause (ii) of subparagraph (A) with respect to the receipt of a voted absentee ballot in an election for Federal office shall include information regarding whether the vote cast on the ballot was counted, and, in the case of a vote which was not counted, the reasons therefor. The appropriate State or local election official shall make the information described in the previous sentence available during the 30-day period that begins on the date on which the results of the election are certified, or during such earlier 30-day period as the official may provide.
added “(3) Use of Toll-Free Telephone Number by Officials Without Internet Site—A program established and operated by a State or local election official whose office does not have an Internet site may meet the requirements of paragraph (2) if the official has established and operates a toll-free telephone number that may be used to obtain the information on the transmission or receipt of the absentee ballot which is required under such paragraph.”
changed
Elements—Effective date— The process under amendment made by subsection (a) shall include the following:apply with respect to an election held during 2022 or any succeeding year.
removed
A mechanism that military criminal investigative organizations may use—
removed
to track criminal investigations into the prohibited conduct described in subsection (a), including a mechanism to track those investigations that are forwarded to commanders for administrative action;
removed
to provide relevant information from criminal investigations and administrative actions to civilian law enforcement agencies; and
removed
to track final administrative actions taken with respect to investigations that are referred to commanders.
removed
A mechanism commanders may use to provide information to military criminal investigative organizations on any serious conduct under consideration for administrative action or any final administrative actions taken with respect to the prohibited conduct described in subsection (a).
removed
A standardized database, shared among the covered Armed Forces, to ensure that the tracking required under subsection (a) is carried out in the same manner across such Armed Forces.
removed
Report— Not later than December 1 of each year beginning after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the process implemented under subsection (a). Each report shall include—
removed
the number of investigations, criminal and administrative actions, and final determinations tracked over the preceding year; and
removed
of the actions enumerated under paragraph (1), the number of instances in which information on the conduct of a member of the covered Armed Forces was referred to civilian law enforcement agencies as a result of the investigation or action.
removed
Definitions— In this section:
removed
The term “appropriate congressional committees” means—
removed
the Committee on the Judiciary and the Committee on Armed Services of the Senate; and
removed
the Committee on the Judiciary and the Committee on Armed Services of the House of Representatives.
removed
The term “covered Armed Forces” means the Army, the Navy, the Air Force, and the Marine Corps.
Sec. 537 Tracking mechanism and reporting requirements for supremacist, extremist, and criminal gang activity in the Armed Forces
added
Process required— The Secretary of Defense shall develop and implement a process to track investigations, criminal and administrative actions, and final determinations with respect to conduct of members of the covered Armed Forces that is prohibited under Department of Defense Instruction 1325.06, titled “Handling Dissident and Protest Activities Among Members of the Armed Forces”, or any successor instruction.
added
Elements— The process under subsection (a) shall include the following:
added
A mechanism that military criminal investigative organizations may use—
removed
Military-civilian task force on domestic violence—
removed
Establishment— The Secretary of Defense shall establish a military-civilian task force on domestic violence (in this section, referred to as the “Task Force”).
removed
Duties— The duties of the Task Force shall be to analyze and develop recommendations, for implementation by the Secretary, with respect to each of the following:
removed
The risk of domestic violence at various stages of military service, including identification of—
removed
stages at which there is a higher than average risk of domestic violence; and
removed
stages at which the implementation of domestic violence prevention strategies may have the greatest preventive effect.
removed
The use and dissemination of domestic violence prevention resources throughout the stages of military service including providing new service members with training in domestic violence prevention.
removed
How to best target prevention resources to address those with a higher risk of domestic violence.
removed
The implementation of strategies to prevent domestic violence by training, educating, and assigning prevention-related responsibilities to—
removed
commanders;
removed
medical, behavioral, and mental health service providers;
removed
family advocacy representatives;
removed
Military Family Life Consultants; and
removed
other individuals and entities with responsibilities that may be relevant to addressing domestic violence.
removed
The efficacy of providing survivors of domestic violence with the option to request expedited transfers, and the effects of such transfers.
removed
Improvements to procedures for reporting appropriate legal actions to the National Crime Information Center and the efficacy of such procedures.
removed
The effects of domestic violence on—
removed
housing for military families;
removed
the education of military dependent children;
removed
servicemember work assignments and careers; and
removed
the health of servicemembers and their families, including short-term and long-term health effects and effects on mental health.
removed
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.
removed
The potential effects of requiring military protective orders to be issued by a military judge and whether such a requirement would increase the enforcement of military protective orders by civilian law enforcement agencies outside the boundaries of military installations.
removed
Whether prevention of domestic violence would be enhanced by raising the disposition authority for offenses of domestic violence to an officer who is—
removed
in the grade of 0–6 or above;
removed
in the chain of command of the accused; and
removed
authorized by chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) to convene special courts martial.
removed
Consideration of any other matters that the Task Force determines to be relevant to—
removed
decreasing the frequency of domestic violence committed by or upon members of the covered Armed Forces and their dependents; and
removed
reducing the severity of such violence.
removed
Membership— The Task Force shall be composed of the following members:
removed
One or more representatives of family advocacy programs of the Department of Defense.
removed
One or more representatives of the Defense Advisory Committee on Women in the Services.
removed
One or more medical personnel of the Department of Defense.
removed
One or more Judge Advocates General.
removed
One or more military police or other law enforcement personnel of the covered Armed Forces.
removed
One or more military commanders.
removed
One or more individuals whose duties include planning, executing, and evaluating training of the covered Armed Forces.
removed
Civilians who are experts on domestic violence or who provide services relating to domestic violence, including—
removed
not fewer than two representatives from the national domestic violence resource center and the special issue resource centers referred to in section 310 of the Family Violence Prevention and Services Act (42 U.S.C. 10410);
removed
not fewer than two representatives from national domestic violence organizations;
removed
not fewer than two representatives from State domestic violence and sexual assault coalitions; and
removed
not fewer than two domestic violence service providers who provide services in communities located near military installations.
removed
One or more representatives who are subject matter experts on—
removed
scientific and other research relating to domestic violence; and
removed
science-based strategies for the prevention, intervention, and response to domestic violence.
removed
Civilian law enforcement personnel.
removed
One or more representatives from the Office on Violence Against Women of the Department of Justice.
removed
One or more representatives of the Family Violence Prevention and Services Program of the Department of Health and Human Services.
removed
One or more representatives from the Centers for Disease Control and Prevention.
removed
Appointment by Secretary of Defense—
removed
In general— The Secretary of Defense shall appoint the members of the Task Force specified in subparagraphs (A) through (M) of paragraph (3).
removed
Consultation—
removed
Consultation with Attorney General— In appointing members under subparagraph (K) of paragraph 3, the Secretary of Defense shall consult with the Attorney General.
removed
Consultation with Secretary of HHS— In appointing members under subparagraphs (L) and (M) of such paragraph, the Secretary shall consult with the Secretary of Health and Human Services
removed
Inclusion of certain personnel— The Secretary shall ensure that the members appointed by the Secretary under this subparagraph include—
removed
representatives of the Office of the Secretary of Defense;
removed
general and flag officers;
removed
noncommissioned officers; and
removed
other enlisted personnel of the covered Armed Forces.
removed
Total number of members— The total number of members appointed to the Task Force shall be not more than 25.
removed
Chairperson—
removed
Nominee list— On an annual basis, the Task Force shall submit to the Secretary a list of members of the Task Force who may be considered for the position of chairperson of the Task Force.
removed
Selection— From the list submitted to the Secretary under subparagraph (A) for each year, the Secretary of Defense shall designate one member of the Task Force to serve as the chairperson of the Task Force.
removed
Term— The chairperson designated by the Secretary under subparagraph (B) shall serve for a term of one year and may serve for additional terms of one year if redesignated as the chairperson by the Secretary under such subparagraph.
removed
Meetings— The first meeting of the Task Force shall convene not later than 180 days after the date of the enactment of this Act. Thereafter, the task Force shall meet in plenary session not less frequently than once annually.
removed
Compensation and travel expenses— Each member of the Task Force shall serve without compensation (other than the compensation to which such member may be entitled as a member of the covered Armed Forces or an officer or employee of the United States, as the case may be), but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the member’s home or regular places of business in the performance of services for the Task Force.
removed
Site visits— In the carrying out the duties described in paragraph (2), members of the Task Force shall—
removed
on an annual basis, visit one or more military installations outside the United States; and
removed
on a semiannual basis, visit one or more military installations within the United States.
removed
Oversight and administration— The Secretary of Defense shall designate an appropriate organization within the Office of the Secretary of Defense to—
removed
provide oversight of the Task Force;
removed
provide the Task Force with the personnel, facilities, and other administrative support that is necessary for the performance of the Task Force’s duties; and
removed
on a rotating basis, direct the Secretary of each military department to—
removed
coordinate visits of the Task Force to military installations; and
removed
provide administrative, logistical, and other support for the meetings of the Task Force.
removed
Reports—
removed
Reports to Secretary—
removed
Initial report— Not later than one year after the date on which the members of the Task Force are appointed under paragraph (3), the Task Force shall submit to the Secretary of Defense recommendations with respect to each matter described in paragraph (2).
removed
Subsequent reports— After submitting the initial report under subparagraph (A), the Task Force shall, from time to time, submit to the Secretary of Defense such analyses and recommendations as the Task Force considers appropriate to improve the effectiveness of the covered Armed Forces in responding to and preventing domestic violence.
removed
Reports to Congress— On an annual basis until the date on which the Task Force terminates under paragraph (12), the Task Force shall submit to Congress a report that includes—
removed
a description of any improvements in the response of the covered Armed Forces to domestic violence over the preceding year;
removed
an explanation of any pending research on domestic violence that may be relevant to domestic violence involving members of the covered Armed Forces; and
removed
such analyses and recommendations as the Task Force considers appropriate to improve the effectiveness of the covered Armed Forces in responding to and preventing domestic violence
removed
Termination—
removed
In general— Except as provided in subparagraph (B), the Task Force shall terminate on the date that is five years after the date of the first meeting of the Task Force.
removed
Continuation—
removed
In General— Subject to clause (ii), the Secretary of Defense may continue the Task Force for a period of up to two years after the termination date applicable under subparagraph (A) if the Secretary determines that continuation of the Task Force is advisable and appropriate.
removed
Notice to Congress— If the Secretary determines to continue the Task Force under clause (i), not later than 90 days before the termination date applicable under subparagraph (A) and annually thereafter until the new date of the termination of the Task Force, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a notice describing the reasons for the continuation and confirming the new termination date.
removed
Implementation of recommendations—
removed
In general— Except as provided in subparagraph (B), not later than 180 days after the date on which the Secretary of Defense receives the initial report of the Task Force under paragraph (11)(A)(i), the Secretary shall, in consultation with the Task Force, implement the recommendations of the Task Force with respect to each matter described in paragraph (2).
removed
Waiver— The Secretary of Defense may waive the requirement under subparagraph (A) with respect to a recommendation of the Task force by submitting to the Committees on Armed Services of the Senate and the House of Representatives a written notification setting forth the reasons for the Secretary’s decision not to implement the recommendation.
removed
Information collection and reporting—
removed
Information collection—
removed
Regular information collection— Using the mechanism developed under subparagraph (B), the Secretary of Defense shall regularly collect information to measure the prevalence of domestic violence involving members of the covered Armed Forces, their intimate partners, and immediate family members.
removed
Mechanism to measure domestic violence— The Secretary of Defense, in coordination with the Centers for Disease Control and civilian organizations with expertise in conducting informational surveys, shall develop a mechanism to carry out the information collection required under subparagraph (A).
removed
Annual report on domestic violence—
changed
Report required— On an annual basis, the Secretary of Defense shall submit to track criminal investigations into the congressional defense committees a report on domestic violence prohibited conduct described in the covered Armed Forces.subsection (a), including a mechanism to track those investigations that are forwarded to commanders for administrative action;
changed
Elements— The report required under subparagraph (A) shall include, with respect to the year covered by the report, the following:provide relevant information from criminal investigations and administrative actions to civilian law enforcement agencies; and
added
to track final administrative actions taken with respect to investigations that are referred to commanders.
added
A mechanism commanders may use to provide information to military criminal investigative organizations on any serious conduct under consideration for administrative action or any final administrative actions taken with respect to the prohibited conduct described in subsection (a).
added
A standardized database, shared among the covered Armed Forces, to ensure that the tracking required under subsection (a) is carried out in the same manner across such Armed Forces.
removed
Based on the information collected under paragraph (1), an assessment of the prevalence of domestic violence involving members of the covered Armed Forces, their intimate partners, and immediate family members.
removed
The number of convictions under section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice).
removed
The recidivism rate for members of the covered Armed Forces convicted of domestic violence offenses.
removed
The number instances in which a member of the covered Armed Forces received an administrative discharge as a result of the member’s involvement in a domestic violence incident.
removed
The number of instances in which a member of the covered Armed Forces was prohibited from possessing firearms as a result of the member’s conviction for a domestic violence offense.
removed
Of the incidents described in clause (v), the number of instances in which the member received a waiver of such prohibition or was otherwise allowed to access firearms for duty purposes.
removed
An explanation of the status of data sharing between the Department of Defense and civilian law enforcement agencies on matters relating to domestic violence.
changed
Covered Armed Forces defined—Report— In this section, Not later than December 1 of each year beginning after the term “covered Armed Forces” means date of the Army, enactment of this Act, the Navy, Secretary of Defense shall submit to the Air Force, and appropriate congressional committees a report on the Marine Corps.process implemented under subsection (a). Each report shall include—
added
the number of investigations, criminal and administrative actions, and final determinations tracked over the preceding year;
added
the number of individuals discharged from the covered Armed Forces due to activities prohibited under Department of Defense Instruction 1325.06 and a description of the circumstances that led to such discharges; and
added
of the actions enumerated under paragraph (1), the number of instances in which information on the conduct of a member of the covered Armed Forces was referred to civilian law enforcement agencies as a result of the investigation or action.
added
Definitions— In this section:
added
The term “appropriate congressional committees” means—
added
the Committee on the Judiciary and the Committee on Armed Services of the Senate; and
added
the Committee on the Judiciary and the Committee on Armed Services of the House of Representatives.
added
The term “covered Armed Forces” means the Army, the Navy, the Air Force, and the Marine Corps.
Sec. 538 Military-civilian task force on domestic violence and related information collection activities
added
Military-Civilian task force on domestic violence—
added
Establishment— The Secretary of Defense shall establish a military-civilian task force on domestic violence (in this section, referred to as the “Task Force”).
added
Duties— The duties of the Task Force shall be to analyze and develop recommendations, for implementation by the Secretary, with respect to each of the following:
added
The risk of domestic violence at various stages of military service, including identification of—
added
stages at which there is a higher than average risk of domestic violence; and
added
stages at which the implementation of domestic violence prevention strategies may have the greatest preventive effect.
added
The use and dissemination of domestic violence prevention resources throughout the stages of military service including providing new service members with training in domestic violence prevention.
added
How to best target prevention resources to address those with a higher risk of domestic violence.
added
The implementation of strategies to prevent domestic violence by training, educating, and assigning prevention-related responsibilities to—
added
commanders;
added
medical, behavioral, and mental health service providers;
added
family advocacy representatives;
added
Military Family Life Consultants; and
added
other individuals and entities with responsibilities that may be relevant to addressing domestic violence.
added
The efficacy of providing survivors of domestic violence with the option to request expedited transfers, and the effects of such transfers.
added
Improvements to procedures for reporting appropriate legal actions to the National Crime Information Center and the efficacy of such procedures.
added
The effects of domestic violence on—
added
housing for military families;
added
the education of military dependent children;
added
servicemember work assignments and careers; and
added
the health of servicemembers and their families, including short-term and long-term health effects and effects on mental health.
added
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.
added
The potential effects of requiring military protective orders to be issued by a military judge and whether such a requirement would increase the enforcement of military protective orders by civilian law enforcement agencies outside the boundaries of military installations.
added
Whether prevention of domestic violence would be enhanced by raising the disposition authority for offenses of domestic violence to an officer who is—
added
in the grade of 0–6 or above;
added
in the chain of command of the accused; and
added
authorized by chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) to convene special courts martial.
added
How to improve access to resources for survivors of domestic violence throughout the stages of military service.
added
Consideration of any other matters that the Task Force determines to be relevant to—
added
decreasing the frequency of domestic violence committed by or upon members of the covered Armed Forces and their dependents; and
added
reducing the severity of such violence.
added
Membership— The Task Force shall be composed of the following members:
added
One or more representatives of family advocacy programs of the Department of Defense.
added
One or more representatives of the Defense Advisory Committee on Women in the Services.
added
One or more medical personnel of the Department of Defense.
added
One or more Judge Advocates General.
added
One or more military police or other law enforcement personnel of the covered Armed Forces.
added
One or more military commanders.
added
One or more individuals whose duties include planning, executing, and evaluating training of the covered Armed Forces.
added
Civilians who are experts on domestic violence or who provide services relating to domestic violence, including—
added
not fewer than two representatives from the national domestic violence resource center and the special issue resource centers referred to in section 310 of the Family Violence Prevention and Services Act (42 U.S.C. 10410);
added
not fewer than two representatives from national domestic violence organizations;
added
not fewer than two representatives from State domestic violence and sexual assault coalitions; and
added
not fewer than two domestic violence service providers who provide services in communities located near military installations.
added
One or more representatives who are subject matter experts on—
added
scientific and other research relating to domestic violence; and
added
science-based strategies for the prevention, intervention, and response to domestic violence.
added
Civilian law enforcement personnel.
added
One or more representatives from the Office on Violence Against Women of the Department of Justice.
added
One or more representatives of the Family Violence Prevention and Services Program of the Department of Health and Human Services.
added
One or more representatives from the Centers for Disease Control and Prevention.
added
Appointment by Secretary of Defense—
added
In general— The Secretary of Defense shall appoint the members of the Task Force specified in subparagraphs (A) through (M) of paragraph (3).
added
Consultation—
added
Consultation with Attorney General— In appointing members under subparagraph (K) of paragraph 3, the Secretary of Defense shall consult with the Attorney General.
added
Consultation with Secretary of HHS— In appointing members under subparagraphs (L) and (M) of such paragraph, the Secretary shall consult with the Secretary of Health and Human Services.
added
Inclusion of certain personnel— The Secretary shall ensure that the members appointed by the Secretary under this subparagraph include—
added
representatives of the Office of the Secretary of Defense;
added
general and flag officers;
added
noncommissioned officers; and
added
other enlisted personnel of the covered Armed Forces.
added
Total number of members— The total number of members appointed to the Task Force shall be not more than 25.
added
Chairperson—
added
Nominee list— On an annual basis, the Task Force shall submit to the Secretary a list of members of the Task Force who may be considered for the position of chairperson of the Task Force.
added
Selection— From the list submitted to the Secretary under subparagraph (A) for each year, the Secretary of Defense shall designate one member of the Task Force to serve as the chairperson of the Task Force.
added
Term— The chairperson designated by the Secretary under subparagraph (B) shall serve for a term of 1 year and may serve for additional terms of 1 year if redesignated as the chairperson by the Secretary under such subparagraph.
added
Meetings— The first meeting of the Task Force shall convene not later than 180 days after the date of the enactment of this Act. Thereafter, the task Force shall meet in plenary session not less frequently than once annually.
added
Compensation and travel expenses— Each member of the Task Force shall serve without compensation (other than the compensation to which such member may be entitled as a member of the covered Armed Forces or an officer or employee of the United States, as the case may be), but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the member’s home or regular places of business in the performance of services for the Task Force.
added
Site visits— In the carrying out the duties described in paragraph (2), members of the Task Force shall—
added
on an annual basis, visit one or more military installations outside the United States; and
added
on a semiannual basis, visit one or more military installations within the United States.
added
Oversight and administration— The Secretary of Defense shall designate an appropriate organization within the Office of the Secretary of Defense to—
added
provide oversight of the Task Force;
added
provide the Task Force with the personnel, facilities, and other administrative support that is necessary for the performance of the Task Force’s duties; and
added
on a rotating basis, direct the Secretary of each military department to—
added
coordinate visits of the Task Force to military installations; and
added
provide administrative, logistical, and other support for the meetings of the Task Force.
added
Reports—
added
Reports to Secretary—
added
Initial report— Not later than 1 year after the date on which the members of the Task Force are appointed under paragraph (3), the Task Force shall submit to the Secretary of Defense recommendations with respect to each matter described in paragraph (2).
added
Subsequent reports— After submitting the initial report under subparagraph (A), the Task Force shall, from time to time, submit to the Secretary of Defense such analyses and recommendations as the Task Force considers appropriate to improve the effectiveness of the covered Armed Forces in responding to and preventing domestic violence.
added
Reports to Congress— On an annual basis until the date on which the Task Force terminates under paragraph (12), the Task Force shall submit to Congress a report that includes—
added
a description of any improvements in the response of the covered Armed Forces to domestic violence over the preceding year;
added
an explanation of any pending research on domestic violence that may be relevant to domestic violence involving members of the covered Armed Forces; and
added
such analyses and recommendations as the Task Force considers appropriate to improve the effectiveness of the covered Armed Forces in responding to and preventing domestic violence.
added
Termination—
added
In general— Except as provided in subparagraph (B), the Task Force shall terminate on the date that is 5 years after the date of the first meeting of the Task Force.
added
Continuation—
added
In General— Subject to clause (ii), the Secretary of Defense may continue the Task Force for a period of up to 2 years after the termination date applicable under subparagraph (A) if the Secretary determines that continuation of the Task Force is advisable and appropriate.
added
Notice to Congress— If the Secretary determines to continue the Task Force under clause (i), not later than 90 days before the termination date applicable under subparagraph (A) and annually thereafter until the new date of the termination of the Task Force, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a notice describing the reasons for the continuation and confirming the new termination date.
added
Implementation of recommendations—
added
In general— Except as provided in subparagraph (B), not later than 180 days after the date on which the Secretary of Defense receives the initial report of the Task Force under paragraph (11)(A)(i), the Secretary shall, in consultation with the Task Force, implement the recommendations of the Task Force with respect to each matter described in paragraph (2).
added
Waiver— The Secretary of Defense may waive the requirement under subparagraph (A) with respect to a recommendation of the Task force by submitting to the Committees on Armed Services of the Senate and the House of Representatives a written notification setting forth the reasons for the Secretary’s decision not to implement the recommendation.
added
Information collection and reporting—
added
Information collection—
added
Regular information collection— Using the mechanism developed under subparagraph (B), the Secretary of Defense shall regularly collect information to measure the prevalence of domestic violence involving members of the covered Armed Forces, their intimate partners, and immediate family members.
added
Mechanism to measure domestic violence— The Secretary of Defense, in coordination with the Centers for Disease Control and civilian organizations with expertise in conducting informational surveys, shall develop a mechanism to carry out the information collection required under subparagraph (A).
added
Annual report on domestic violence—
added
Report required— On an annual basis, the Secretary of Defense shall submit to the congressional defense committees a report on domestic violence in the covered Armed Forces.
added
Elements— The report required under subparagraph (A) shall include, with respect to the year covered by the report, the following:
added
Based on the information collected under paragraph (1), an assessment of the prevalence of domestic violence involving members of the covered Armed Forces, their intimate partners, and immediate family members.
added
The number of convictions under section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice).
added
The recidivism rate for members of the covered Armed Forces convicted of domestic violence offenses.
added
The number instances in which a member of the covered Armed Forces received an administrative discharge as a result of the member’s involvement in a domestic violence incident.
added
The number of instances in which a member of the covered Armed Forces was prohibited from possessing firearms as a result of the member’s conviction for a domestic violence offense.
added
Of the incidents described in clause (v), the number of instances in which the member received a waiver of such prohibition or was otherwise allowed to access firearms for duty purposes.
added
An explanation of the status of data sharing between the Department of Defense and civilian law enforcement agencies on matters relating to domestic violence.
removed
In general— Consistent with the recommendations of the Government Accountability Office in the report titled “Increased Guidance and Collaboration Needed to Improve DOD's Tracking and Response to Child Abuse” (GAO–20–110), the Secretary of Defense shall carry out activities to improve the ability of the Department of Defense to effectively prevent, track, and respond to military-connected child abuse.
removed
Activities required— The activities carried out under subsection (a) shall include the following:
removed
The Secretary of Defense shall expand the scope of the Department of Defense’s centralized database on problematic sexual behavior in children and youth to track information on all incidents involving child abuse reported to a Family Advocacy Program or investigated by a military law enforcement organization, regardless of whether the perpetrator of the abuse is another child, an adult, or a person in a noncaregiving role at the time of the incident.
removed
The Secretary of Defense, in consultation with the Secretary of each military department, shall ensure—
removed
that each Family Advocacy Program records, in a database of the Program, the date on which the Program notified a military law enforcement organization of a reported incident of child abuse; and
removed
that each military law enforcement organization records, in a database of the organization, the date on which the organization notified a Family Advocacy Program of a reported incident of child abuse.
removed
The Secretary of Defense, in consultation with the Secretary of each military department, shall issue guidance that clarifies the process through which the Family Advocacy Program of a covered Armed Force will receive, and incorporate into the Program’s central registry, information regarding child abuse allegations involving members of that a covered Armed Force and dependents of such members in cases in which such allegations were previously recorded by the Family Advocacy Program of another covered Armed Force. Such guidance shall include a mechanism for monitoring the process to ensure that the process is carried out consistently.
removed
Each covered Armed Force shall develop a process to monitor how reported incidents of child abuse are screened at military installations to help ensure that all reported child abuse incidents that should be presented to an Incident Determination Committee are consistently presented and tracked.
removed
The Secretary of Defense shall ensure that the Under Secretary of Defense for Personnel and Readiness, in consultation with the Director of the Department of Defense Education Activity, clarifies Department of Defense Education Activity guidance to define what types of child abuse incidents must be reported as serious incidents to help ensure that all serious incidents of which Department of Defense Education Activity leadership needs to be informed are accurately and consistently reported by school administrators.
removed
The Secretary of Defense, in consultation with the Secretaries of the military departments, shall—
removed
expand the voting membership of each Incident Determination Committee to include medical personnel with requisite knowledge and experience; and
removed
ensure, to the extent practicable, that voting membership of a Committee includes medical personnel with expertise in pediatric medicine in cases in which a reported incident of child abuse is under review by the Committee.
removed
Each covered Armed Force shall implement procedures to provide the families of child abuse victims with comprehensive information on how reported incidents of child abuse will be addressed. Such practices may include the development of a guide that—
removed
explains the processes the Family Advocacy Program and military law enforcement organizations will follow to address the report; and
removed
identifies services and other resources available to victims and their families.
removed
The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance to clarify the circumstances under which military commanders may exercise the authority to remove a child from a potentially unsafe home on a military installation outside the United States.
removed
The Secretary of Defense shall ensure that the Under Secretary of Defense for Personnel and Readiness, in consultation with the Director of the Defense Health Agency, establishes processes that help ensure children who are sexually abused outside the United States have timely access to a certified pediatric sexual assault forensic examiner to conduct an examination. Such processes may include certifying pediatricians, or adult sexual assault forensic examiners who have pediatric sexual assault nurse examiner training in a multidisciplinary team setting, as pediatric examiners during mandatory training or establishing shared regional assets.
removed
The Secretary of Defense, in consultation with the Deputy Attorney General, shall establish procedures for military criminal investigative organizations to communicate with United States Attorneys, State Attorneys General, and local prosecutors for relevant cases involving child victims, including establishing protocols that—
removed
ensure that military investigators are notified when a prosecution is declined;
removed
provide notice to victims of the status of prosecutions and, as applicable, the reasons for the declination to prosecute;
removed
arrange for specialized victim services outside of the Department of Defense to be provided to juvenile victims to the extent possible;
removed
facilitate legal assistance or other civil legal aid services to juvenile victims; and
removed
ensure that juveniles accused of crimes are, to the extent possible, provided defense counsel who are trained in representing juveniles.
removed
The Secretary of each military department shall seek to develop a memorandum of understanding with the National Children's Alliance that makes children's advocacy center services and protocols available to all military installations of the department and increases awareness of those services across the department.
changed
Deadline—Covered Armed Forces defined— The Secretary of Defense shall carry out In this section, the activities described in subsection (b) not later than one year after term “covered Armed Forces” means the date of Army, the enactment of this Act.Navy, the Air Force, and the Marine Corps.
removed
Definitions— In this section:
removed
The term child abuse means any abuse of a child (including physical abuse, sexual abuse, emotional abuse, and neglect) regardless of whether the perpetrator of the abuse is another child, an adult, or a person in a noncaregiving role.
removed
The term covered Armed Forces means the Army, Navy, Air Force, Marine Corps, and Space Force.
removed
The term Incident Determination Committee means a committee established at a military installation that is responsible for reviewing reported incidents of child abuse and determining whether such incidents constitute child abuse according to the applicable criteria of the Department of Defense.
removed
The term military-connected, when used with respect to child abuse, means child abuse occurring on a military installation or involving a dependent of a member of the covered Armed Forces.
Sec. 539 Actions to address military-connected child abuse
changed
Guidance required—In general— The Consistent with the recommendations of the Government Accountability Office in the report titled “Increased Guidance and Collaboration Needed to Improve DOD's Tracking and Response to Child Abuse” (GAO–20–110), the Secretary of Defense shall issue guidance that requires each suicide event involving of a member of a covered Armed Force carry out activities to be reviewed by a multidisciplinary board established at improve the command or installation level. Such guidance shall require that, for each suicide event reviewed by such a board, ability of the board will—Department of Defense to effectively prevent, track, and respond to military-connected child abuse.
removed
clearly define the objective, purpose, and outcome of the review;
removed
take a multidisciplinary appraoch to the review and include, as part of the review process, leaders of military units, medical and mental health professionals, and representatives of military criminal investigative organizations;
removed
obtain the data necessary to make a comprehensive Department of Defense suicide event report submission; and
removed
take appropriate steps to protect and share information obtained from ongoing investigations into the event (such as medical and law enforcement reports).
changed
Implementation by covered Armed Forces—Activities required— Not later than 90 days after the date on which the guidance is issued The activities carried out under subsection (a), the chiefs of the covered Armed Forces (a) shall implement include the guidance.following:
added
The Secretary of Defense shall expand the scope of the Department of Defense’s centralized database on problematic sexual behavior in children and youth to track information on all incidents involving child abuse reported to a Family Advocacy Program or investigated by a military law enforcement organization, regardless of whether the perpetrator of the abuse is another child, an adult, or a person in a noncaregiving role at the time of the incident.
added
The Secretary of Defense, in consultation with the Secretary of each military department, shall ensure—
added
that each Family Advocacy Program records, in a database of the Program, the date on which the Program notified a military law enforcement organization of a reported incident of child abuse; and
added
that each military law enforcement organization records, in a database of the organization, the date on which the organization notified a Family Advocacy Program of a reported incident of child abuse.
added
The Secretary of Defense, in consultation with the Secretary of each military department, shall issue guidance that clarifies the process through which the Family Advocacy Program of a covered Armed Force will receive, and incorporate into the Program’s central registry, information regarding child abuse allegations involving members of that a covered Armed Force and dependents of such members in cases in which such allegations were previously recorded by the Family Advocacy Program of another covered Armed Force. Such guidance shall include a mechanism for monitoring the process to ensure that the process is carried out consistently.
added
Each covered Armed Force shall develop a process to monitor how reported incidents of child abuse are screened at military installations to help ensure that all reported child abuse incidents that should be presented to an Incident Determination Committee are consistently presented and tracked.
added
The Secretary of Defense shall ensure that the Under Secretary of Defense for Personnel and Readiness, in consultation with the Director of the Department of Defense Education Activity, clarifies Department of Defense Education Activity guidance to define what types of child abuse incidents must be reported as serious incidents to help ensure that all serious incidents of which Department of Defense Education Activity leadership needs to be informed are accurately and consistently reported by school administrators.
added
The Secretary of Defense, in consultation with the Secretaries of the military departments, shall—
added
expand the voting membership of each Incident Determination Committee to include medical personnel with requisite knowledge and experience; and
added
ensure, to the extent practicable, that voting membership of a Committee includes medical personnel with expertise in pediatric medicine in cases in which a reported incident of child abuse is under review by the Committee.
added
Each covered Armed Force shall implement procedures to provide the families of child abuse victims with comprehensive information on how reported incidents of child abuse will be addressed. Such practices may include the development of a guide that—
added
explains the processes the Family Advocacy Program and military law enforcement organizations will follow to address the report; and
added
identifies services and other resources available to victims and their families.
added
The Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue guidance to clarify the circumstances under which military commanders may exercise the authority to remove a child from a potentially unsafe home on a military installation outside the United States.
added
The Secretary of Defense shall ensure that the Under Secretary of Defense for Personnel and Readiness, in consultation with the Director of the Defense Health Agency, establishes processes that help ensure children who are sexually abused outside the United States have timely access to a certified pediatric sexual assault forensic examiner to conduct an examination. Such processes may include certifying pediatricians, or adult sexual assault forensic examiners who have pediatric sexual assault nurse examiner training in a multidisciplinary team setting, as pediatric examiners during mandatory training or establishing shared regional assets.
added
The Secretary of Defense, in consultation with the Deputy Attorney General, shall establish procedures for military criminal investigative organizations to communicate with United States Attorneys, State Attorneys General, and local prosecutors for relevant cases involving child victims, including establishing protocols that—
added
ensure that military investigators are notified when a prosecution is declined;
added
provide notice to victims of the status of prosecutions and, as applicable, the reasons for the declination to prosecute;
added
arrange for specialized victim services outside of the Department of Defense to be provided to juvenile victims to the extent possible;
added
facilitate legal assistance or other civil legal aid services to juvenile victims; and
added
ensure that juveniles accused of crimes are, to the extent possible, provided defense counsel who are trained in representing juveniles.
added
The Secretary of each military department shall seek to develop a memorandum of understanding with the National Children's Alliance that makes children's advocacy center services and protocols available to all military installations of the department and increases awareness of those services across the department.
changed
Progress report—Deadline— Not The Secretary of Defense shall carry out the activities described in subsection (b) not later than 180 days 1 year 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).Act.
changed
Covered Armed Forces defined—Definitions— In this section, the term “covered Armed Forces” means the Army, Navy, Air Force, Marine Corps, and Space Force.section:
added
The term child abuse means any abuse of a child (including physical abuse, sexual abuse, emotional abuse, and neglect) regardless of whether the perpetrator of the abuse is another child, an adult, or a person in a noncaregiving role.
added
The term covered Armed Forces means the Army, Navy, Air Force, Marine Corps, and Space Force.
added
The term Incident Determination Committee means a committee established at a military installation that is responsible for reviewing reported incidents of child abuse and determining whether such incidents constitute child abuse according to the applicable criteria of the Department of Defense.
added
The term military-connected, when used with respect to child abuse, means child abuse occurring on a military installation or involving a dependent of a member of the covered Armed Forces.
Sec. 540 Multidisciplinary board to evaluate suicide events
added
added
Guidance required— The Secretary of Defense shall issue guidance that requires each suicide event involving of a member of a covered Armed Force to be reviewed by a multidisciplinary board established at the command or installation level. Such guidance shall require that, for each suicide event reviewed by such a board, the board will—
added
clearly define the objective, purpose, and outcome of the review;
added
take a multidisciplinary appraoch to the review and include, as part of the review process, leaders of military units, medical and mental health professionals, and representatives of military criminal investigative organizations;
added
obtain the data necessary to make a comprehensive Department of Defense suicide event report submission; and
added
take appropriate steps to protect and share information obtained from ongoing investigations into the event (such as medical and law enforcement reports).
added
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.
added
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).
added
Covered Armed Forces defined— In this section, the term “covered Armed Forces” means the Army, Navy, Air Force, Marine Corps, and Space Force.
Sec. 540A To resolve controversies under Servicemembers Civil Relief Act
added
added
In general— Section 102 of the Servicemembers Civil Relief Act (50 U.S.C. 3912) is amended by adding at the end the following new subsection:
added “(d) Written consent required for arbitration—Notwithstanding any other provision of law, whenever a contract with a servicemember, or a servicemember and the servicemember’s spouse jointly, provides for the use of arbitration to resolve a controversy subject to a provision of this Act and arising out of or relating to such contract, arbitration may be used to settle such controversy only if, after such controversy arises, all parties to such controversy consent in writing to use arbitration to settle such controversy.”
added
Applicability— Subsection (d) of such section, as added by subsection (a), shall apply with respect to contracts entered into, amended, altered, modified, renewed, or extended after the date of the enactment of this Act.
Sec. 540B Limitation on waiver of rights and protections under Servicemembers Civil Relief Act
added
added
In general— Section 107(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3918(a)) is amended—
added
in the second sentence, by inserting “and if it is made after a specific dispute has arisen and the dispute is identified in the waiver” after “to which it applies”; and
added
in the third sentence, by inserting “and if it is made after a specific dispute has arisen and the dispute is identified in the waiver” after “period of military service”.
added
Applicability— The amendment made by subsection (a) shall apply with respect to waivers made on or after the date of the enactment of this Act.
Sec. 540C Clarification of private right of action under Servicemembers Civil Relief Act
addedadded Section 802(a) of the Servicemembers Civil Relief Act (50 U.S.C. 4042(a)) is amended—
added
in the matter preceding paragraph (1), by inserting “, notwithstanding any previous agreement to the contrary,” after “may”; and
added
in paragraph (3), by striking “, notwithstanding any previous agreement to the contrary”.
Sec. 540D Requirement of certain certification before deportation of a spouse of a member of the Armed Forces
added
added
In general— A spouse of a member of the Armed Forces may not be removed from the United States until the Secretary concerned certifies to the congressional defense committees that—
added
the Secretary concerned has determined that such removal shall not negatively affect the morale, welfare, or well-being of that member;
added
the Secretary concerned has reviewed all information, including extenuating circumstances, relating to such removal; and
added
the Secretary concerned has assisted the member and spouse to the greatest extent practicable.
added
Secretary concerned defined— In this section, the term “Secretary concerned” has the meaning given that term in section 101 of title 10, United States Code.
Sec. 540E Clarification of termination of leases of premises and motor vehicles of servicemembers who incur catastrophic injury or illness or die while in military service
added
added
Catastrophic injuries and illnesses— Paragraph (4) of section 305(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3955(a)), as added by section 545 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is amended to read as follows:
added “(4) Catastrophic injury or illness of lessee
added “(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—
added “(i) the lessee may terminate the lease; or
added “(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.
added “(B) Definitions—In this paragraph:
added “(i) The term “catastrophic injury or illness” has the meaning given that term in section 439(g) of title 37, United States Code.
added “(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).”
added
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. 540F Availability of records for National Instant Criminal Background Check System
addedadded Section 101(b) of the NICS Improvement Amendments Act of 2007 (34 U.S.C. 40911(b)) is amended—
added
by redesignating paragraph (2) as paragraph (3); and
added
by inserting after paragraph (1), the following new paragraph (2):
added “(2) Department of Defense—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.”
Sec. 540G Prohibition on certain communications regarding courts-martial
addedadded Section 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice) is amended by adding at the end the following new subsection:
added “(g) No individual may provide a briefing concerning a potential or pending court-martial to a member of the armed forces who may be selected to serve on the court-martial.”
Sec. 540H Termination of contracts for telephone, multichannel video programming, or internet access service by certain individuals under Servicemembers Civil Relief Act
addedadded Section 305A(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3956(a)) is amended by adding at the end the following new paragraph:
added “(4) Additional individuals covered—For purposes of this section, the following individuals shall be treated as a servicemember covered by paragraph (1):
added “(A) A spouse or dependent of a servicemember who dies while in military service or a spouse or dependent of a member of the reserve components who dies while performing duty described in subparagraph (C).
added “(B) A spouse or dependent of a servicemember who incurs a catastrophic injury or illness (as that term is defined in section 439(g) of title 37, United States Code), if the servicemember incurs the catastrophic injury or illness while performing duty described in subparagraph (C).
added “(C) A member of the reserve components performing military service or performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10, United States Code).”
Sec. 540I Report on drug demand reduction program modernization
added
added
In general— Not later than 180 days after the enactment of this Act, the Secretary of Defense shall deliver a report to the Committees on Armed Services of the Senate and House of Representatives regarding the efficacy of using point of collection testing (in this section referred to as “POCT”) devices to modernize the drug demand reduction program (in this section referred to as “DDRP”) random urinalysis testing.
added
Evaluation criteria— The report shall include the following:
added
The extent to which use of POCT devices streamline current urinalysis testing processes and communications, while maintaining specimen chain of custody for use in associated administrative and military justice activities if needed.
added
An assessment of the effectiveness of the POCT devices for DDRP random urinalysis testing while ensuring specimen chain of custody.
added
A 10-year projection and assessment of the cost savings associated with the use of POCT devices in the DDRP random urinalysis testing.
added
The methodology for calculating the 10-year cost projection.
added
An assessment of any other suggested changes to modernize the DDRP program.
added
A summary of any programmatic or logistical barriers to effectively carrying out the use of POCT devices in the DDRP testing.
Sec. 540J Qualifications of judges and standard of review for Courts of Criminal Appeals
added
added
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—
added
by striking “Each Judge” and inserting:
added “(1) In general—Each Judge”
added
by adding at the end the following new paragraph:
added “(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.”
added
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:
added “(1) Cases appealed by accused
added “(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, and the sentence or such part or amount of the sentence, as the Court finds correct in law, and in fact in accordance with subparagraph (B), and determines, on the basis of the entire record, should be approved.
added “(B) Factual sufficiency review
added “(i) In an appeal of a finding of guilty or sentence under paragraph (1)(A), (1)(B), or (2) of 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.
added “(ii) After an accused has made such a showing, the Court may weigh the evidence and determine controverted questions of fact subject to—
added “(I) appropriate deference to the fact that the trial court saw and heard the witnesses and other evidence; and
added “(II) appropriate deference to findings of fact entered into the record by the military judge.
added “(iii) If, as a result of the review conducted under clause (ii), the Court is clearly convinced that the finding of guilty or sentence was against the weight of the evidence, the Court may dismiss or set aside the finding, or affirm a lesser finding.
added “(C) Review by full Court—Any determination by the Court that a finding was clearly against the weight of the evidence under subparagraph (B) shall be reviewed by the Court sitting as a whole.”
added
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—
added
in subparagraph (B), by striking “and” at the end;
added
in subparagraph (C), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following new subparagraph:
added “(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.”
Sec. 540K Right to notice of victims of offenses under the Uniform Code of Military Justice regarding certain post-trial motions, filings, and hearings
addedadded Section 806b(a)(2) of title 10, United States Code (article 6b(a)(2)) of the Uniform Code of Military Justice), is amended—
added
by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and
added
by inserting after subparagraph (C) the following new subparagraph (D):
added “(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.”
Sec. 542 Authority of military judges and military magistrates to issue military court protective orders
changed
Judge-issued Judge-Issued military court protective orders— Chapter 80 of title 10, United Stated Code, is amended by adding at the end the following new sectionsection:
“1567b. Authority of military judges and military magistrates to issue military court protective orders
changed
“(a) Authority to To issue military court protective orders—The President shall prescribe regulations authorizing military judges and military magistrates to issue protective orders in accordance with this section. A protective order issued in accordance with this section shall be known as a “military court protective order”. Under the regulations prescribed by the President, military judges and military magistrates shall have exclusive jurisdiction over the issuance, appeal, renewal, and termination of military court protective orders and such orders may not be issued, appealed, renewed, or terminated by State, local, territorial, or tribal courts.
“(b) Enforcement by civilian authorities
“(1) In general—In prescribing regulations for military court protective orders, the President shall seek to ensure that the protective orders are issued in a form and manner that is enforceable by State, local, territorial, and tribal civilian law enforcement authorities.
“(2) Full faith and credit—Any military court protective order, should be accorded full faith and credit by the court of a State, local, territorial, or tribal jurisdiction (the enforcing jurisdiction) and enforced by the court and law enforcement personnel of that jurisdiction as if it were the order of the enforcing jurisdiction.
“(3) Reciprocity agreements—Consistent with paragraphs (1) and (2), the Secretary of Defense shall seek to enter into reciprocity agreements with State, local, territorial, and tribal civilian law enforcement authorities under which—
“(A) such authorities agree to enforce military court protective orders; and
“(B) the Secretary agrees to enforce protective orders issued by such authorities that are consistent with section 2265(b) of title 18.
“(c) Purpose and form of issuance—A military court protective order may be issued for the purpose of protecting a victim of an alleged sex or domestic violence offense, or a family member or associate of the victim, from a person subject to chapter 47 of this title (the Uniform Code of Military Justice) who is alleged to have committed such an offense.
“(d) Timing and manner of issuance—A military court protective order may be issued—
“(1) by a military magistrate, before referral of charges and specifications to court-martial for trial, at the request of—
“(A) a victim of an alleged sex or domestic violence offense; or
“(B) a Special Victims’ Counsel or other qualified counsel acting on behalf of the victim; or
“(2) by a military judge, after referral of charges and specifications to court-martial for trial, at the request of qualified counsel, which may include a Special Victims’ Counsel acting on behalf of the victim or trial counsel acting on behalf of the prosecution.
“(e) Duration and renewal of protective order
changed
“(1) Duration—A military court protective order shall be issued for an initial period of thirty days and may be reissued for one or more additional periods of thirty 30 days in accordance with paragraph (2).
changed
“(2) Expiration and renewal—Before the expiration of any 30 day 30-day period during which a military court protective order is in effect, a military judge or military magistrate shall review the order to determine whether the order will terminate at the expiration of such period or be reissued for an additional period of 30 days.
“(3) Notice to protected persons—If a military judge or military magistrate determines under paragraph (2) that a military court protective order will terminate, the judge or magistrate concerned shall provide to each person protected by the order reasonable, timely, and accurate notification of the termination.
changed
“(f) Review of magistrate-issued magistrate-Issued orders
“(1) Review—A military judge, at the request of the person subject to a military court protective order that was issued by a military magistrate, may review the order to determine if the order was properly issued by the magistrate.
“(2) Standards of review—A military judge who reviews an order under paragraph (1) shall terminate the order if the judge determines that—
“(A) the military magistrate’s decision to issue the order was an abuse of discretion, and there is not sufficient information presented to the military judge to justify the order; or
“(B) information not presented to the military magistrate establishes that the military court protective order should be terminated.
“(g) Due process
“(1) Protection of due process—Except as provided in paragraph (2), a protective order authorized under subsection (a) may be issued only after reasonable notice and opportunity to be heard, directly or through counsel, is given to the person against whom the order is sought sufficient to protect that person's right to due process.
“(2) Emergency orders—A protective order on an emergency basis may be issued on an ex parte basis under such rules and limitations as the President shall prescribe. In the case of ex parte orders, notice and opportunity to be heard must be provided within a reasonable time after the order is issued, sufficient to protect the respondent's due process rights.
“(h) Rights of victim—The victim of an alleged sex or domestic violence offense who seeks a military court protective order has, in addition to any rights provided under section 806b (article 6b), the following rights with respect to any proceeding involving the protective order:
“(1) The right to reasonable, accurate, and timely notice of the proceeding and of any change in the status of the protective order resulting from the proceeding.
“(2) The right to be reasonably heard at the proceeding.
“(3) The right to appear in person, with or without counsel, at the proceeding.
“(4) The right be represented by qualified counsel in connection with the proceeding, which may include a Special Victims’ Counsel.
“(5) The reasonable right to confer with a representative of the command of the accused and counsel representing the government at the proceeding, as applicable.
“(6) The right to submit a written statement, directly or through counsel, for consideration by the military judge or military magistrate presiding over the proceeding.
“(i) Restrictions on access to firearms
“(1) In general—Notwithstanding any other provision of law—
“(A) a military court protective order issued on an ex parte basis shall restrain a person from possessing, receiving, or otherwise accessing a firearm; and
“(B) a military court protective order issued after the person to be subject to the order has received notice and opportunity to be heard on the order, shall restrain such person from possessing, receiving, or otherwise accessing a firearm in accordance with section 922 of title 18.
“(2) Notice to Attorney General—Not later than 72 hours after the issuance of an order described in paragraph (1), the Secretary of Defense shall submit to the Attorney General a record of the order.
“(j) Treatment as lawful order—A military court protective order shall be treated as a lawful order for purposes of the application of section 892 (article 92) and a violation of such an order shall be punishable under such section (article).
“(k) Command matters
“(1) Inclusion in personnel file—Any military court protective order against a member shall be placed and retained in the military personnel file of the member.
“(2) Notice to civilian law enforcement of issuance—Any military court protective order against a member shall be treated as a military protective order for purposes of section 1567a including for purposes of mandatory notification of issuance to civilian law enforcement as required by that section.
“(l) Relationship to other authorities—Nothing in this section may be construed as prohibiting—
“(1) a commanding officer from issuing or enforcing any otherwise lawful order in the nature of a protective order to or against members of the officer’s command;
“(2) pretrial restraint in accordance with Rule for Courts-Martial 304 (as set forth in the Manual for Courts-Martial, 2019 edition, or any successor rule); or
changed
“(3) pretrial confinement in accordance with Rule for Courts-Martial 305 (as set forth in the Manual for Courts-Martial, 2019 edition, or any successor rule)rule).
“(m) Delivery to certain persons—A physical and electronic copy of any military court protective order shall be provided, as soon as practicable after issuance, to the following:
“(1) The person or persons protected by the protective order or to the guardian of such a person if such person is under the age of 18 years.
“(2) The person subject to the protective order.
“(3) To such commanding officer in the chain of command of the person subject to the protective order as the President shall prescribe for purposes of this section.
“(n) Definitions—In this section:
changed
“(1) Contact—The term “contact” includes contact in person or through a third party, or through gifts,gifts.
“(2) Communication—The term “communication” includes communication in person or through a third party, and by telephone or in writing by letter, data fax, or other electronic means.
“(3) Covered sex or domestic violence offense—The term “covered sex or domestic violence offense” means—
“(A) an alleged sex-related offense (as defined in section 1044e(h)); or
“(B) an alleged offense of domestic violence under section 928b of this title (article 128b of the Uniform Code of Military Justice) or an attempt to commit such an offense that is punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).
“(4) Military judge and military magistrate—The terms “military judge” and “military magistrate” mean a commissioned officer of the armed forces who is a member of the bar of a Federal court or a member of the bar of the highest court of a State and who is certified to be qualified, by reason of education, training, experience, and judicial temperament, for duty as a military judge or magistrate by the Judge Advocate General of the armed force of which the officer is a member.
“(5) Protective order—The term “protective order” means an order that—
“(A) restrains a person from harassing, stalking, threatening, or otherwise contacting or communicating with a victim of an alleged sex or domestic violence offense, or a family member or associate of the victim, or engaging in other conduct that would place such other person in reasonable fear of bodily injury to any such other person;
“(B) by its terms, explicitly prohibits—
“(i) the use, attempted use, or threatened use of physical force by the person against a victim of an alleged sex or domestic violence offense, or a family member or associate of the victim, that would reasonably be expected to cause bodily injury;
“(ii) the initiation by the person restrained of any contact or communication with such other person; or
“(iii) actions described by both clauses (i) and (ii).
“(6) Special Victims’ Counsel—The term “Special Victims Counsel” means a Special Victims’ Counsel described in section 1044e and includes a Victims’ Legal Counsel of the Navy.”
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
changed
Implementation— The President shall prescribe regulations implementing section 1567b of title 10, United States Code, not later than one 1 year after the date of the enactment of this Act.
Sec. 546 Coordination of support for survivors of sexual trauma
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In general— Not later than one 1 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:
Minimum elements— The standard developed and implemented under subsection (a) by the Secretaries of Defense and Veterans Affairs shall include the following:
Information for members of the Armed Forces— The Secretary of Defense shall ensure that—
Sexual Assault Response Coordinators and Uniformed Victim Advocates receive annual training on resources of the Department of Veterans Affairs regarding sexual trauma;
information regarding services furnished by the Secretary of Veterans Affairs to survivors of sexual trauma is provided to each such survivor; and
information described in subparagraph (B) is posted in the following areas in each facility of the Department of Defense:
An office of the Family Advocacy Program.
An office of a mental health care provider.
Each area in which sexual assault prevention staff normally post notices or information.
High-traffic areas (including dining facilities).
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.
Reports—
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—
barriers to access for such programs; and
resources required to reduce such barriers.
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.
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.
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.
Definitions— In this section:
The term “sexual trauma” means psychological trauma described in section 1720D(a)(1) of title 38, United States Code.
The term “appropriate committees of Congress” means—
the Committees on Veterans’ Affairs of the House of Representatives and the Senate; and
the Committees on Armed Services of the House of Representatives and the Senate.
Sec. 548 Safe-to-report policy applicable across the Armed Forces
In general— The Secretary of Defense shall, in consultation with the Secretaries of the military departments, prescribe in regulations a safe-to-report policy described in subsection (b) that applies with respect to all members of the covered Armed Forces (including members of the reserve components of the covered Armed Forces) and cadets and midshipmen at the military service academies.
changed
Safe-to-report Safe-To-Report policy— The safe-to-report policy described in this subsection is a policy that prescribes the handling of minor collateral misconduct involving a member of the covered Armed Forces who is the alleged victim of sexual assault.
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.
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.
Definitions— In this section:
The term “covered Armed Forces” has the meaning given the term “armed forces” in section 101(a)(4) of title 10, United States Code, except such term does not include the Coast Guard.
The term “military service academy” means the following:
The United States Military Academy.
The United States Naval Academy.
The United States Air Force Academy.
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—
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;
is discovered as a direct result of the report of sexual assault or the ensuing investigation into the sexual assault; and
does not involve aggravating circumstances (as specified in the regulations prescribed under subsection (c)) that increase the gravity of the minor misconduct or its impact on good order and discipline.
Sec. 549A Pilot program on prosecution of special victim offenses committed by attendees of military service academies
removed
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Pilot program— Beginning not later than January 1, 2021, the Secretary of Defense shall carry out a pilot program (referred to in this Act as the “Pilot Program”) under which the Secretary shall establish, in accordance with this section, an independent authority to—
removed
review each covered special victim offense; and
removed
determine whether such offense shall be referred to trial by an appropriate court-martial convening authority.
removed
Office of the Chief Prosecutor—
removed
Establishment— As part of the Pilot Program, the Secretary shall establish, within the Office of the Secretary of Defense, an Office of the Chief Prosecutor.
removed
Head of Office— The head of the Office shall be known as the Chief Prosecutor. The Secretary shall appoint as the Chief Prosecutor a commissioned officer in the grade of O–7 or above who—
removed
has significant experience prosecuting sexual assault trials by court-martial; and
removed
is outside the chain of command of any cadet or midshipman described in subsection (f)(2).
removed
Responsibilities— The Chief Prosecutor shall exercise the authorities described in subsection (c) but only with respect to covered special victim offenses.
removed
Special rule— Notwithstanding any other provision of law, the military service from which the Chief Prosecutor is appointed is authorized an additional billet for a general officer or a flag officer for each year in the two year period beginning with the year in which the appointment is made.
removed
Termination— The Office of the Chief Prosecutor shall terminate on the date on which the Pilot Program terminates under subsection (e).
removed
Referral to Office of the Chief Prosecutor—
removed
Investigation phase—
removed
Notice and information— A military criminal investigative organization that receives an allegation of a covered special victim offense shall provide to the Chief Prosecutor and the commander of the military service academy concerned—
removed
timely notice of such allegation; and
removed
any information and evidence obtained as the result a subsequent investigation into the allegation.
removed
Trial counsel— A trial counsel assigned to a case involving a covered special victim offense shall, during the investigative phase of such case, provide the Chief Prosecutor with the information necessary to enable the Chief Prosecutor to make the determination required under paragraph (3).
removed
Referral to Chief Prosecutor— In the case of a charge relating to a covered special victim offense, in addition to referring the charge to the staff judge advocate under subsection (a) or (b) of section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), the convening authority of the Armed Force of which the accused is a member shall refer, as soon as reasonably practicable, the charge to the Chief Prosecutor to make the determination required by paragraph (3).
removed
Prosecutorial determination— The Chief Prosecutor shall make a determination regarding whether a charge relating to a covered special victim offense shall be referred to trial. If the Chief Prosecutor makes a determination that the charge shall be tried by court-martial, the Chief Prosecutor also shall determine whether the charge shall be tried by a general court-martial convened under section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice) or a special court-martial convened under section 823 of such title (article 23 of the Uniform Code of Military Justice). The determination of whether to try a charge relating to a covered special victim offense by court-martial shall include a determination of whether to try any known offenses, including any lesser included offenses.
removed
Effect of determination and appeals process—
removed
Determination to proceed to trial— Subject to subparagraph (C), a determination to try a charge relating to a covered special victim offense by court-martial under paragraph (3), and the determination as to the type of court-martial, shall be binding on any convening authority under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) for a trial by court-martial on the charge.
removed
Determination not to proceed to trial— Subject to subparagraph (C), a determination under paragraph (3) not to proceed to trial on a charge relating to a covered special victim offense by general or special court-martial shall be binding on any convening authority under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) except that such determination shall not operate to terminate or otherwise alter the authority of the convening authority—
removed
to proceed to trial by court-martial on charges of collateral misconducted related to the special victim offense; or
removed
to impose non-judicial punishment in connection with the conduct covered by the charge as authorized by section 815 of such title (article 15 of the Uniform Code of Military Justice).
removed
Appeal— In a case in which a convening authority and the staff judge advocate advising such authority disagree with the determination of the Chief Prosecutor under paragraph (3), the convening authority and staff judge advocate may jointly appeal the determination to the General Counsel of the Department of Defense. The determination of the General Counsel with respect to such appeal shall be binding on the Chief Prosecutor and the convening authority concerned.
removed
Trial by randomized jury— After the Chief Prosecutor makes a determination under paragraph (3) to proceed to trial on a charge relating to a covered special victim offense, the matter shall be tried by a court-martial convened within the Armed Force of which the accused is a member in accordance with the applicable provisions of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) except that, when convening a court-martial that is a general or special court-martial involving a covered special victim offense in which the accused elects a jury trial, the convening authority shall detail members of the Armed Forces as members thereof at random unless the obtainability of members of the Armed Forces for such court-martial prevents the convening authority from detailing such members at random.
removed
Unlawful influence or coercion— The actions of the Chief Prosecutor under this subsection whether or not to try charges by court-martial shall be free of unlawful or unauthorized influence or coercion.
removed
Effect on other law— This section shall supersede any provision of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that is inconsistent with this section, but only to the extent of the inconsistency.
removed
Termination and transition—
removed
Termination— The authority of the Secretary to carry out the Pilot Program shall terminate four years after the date on which the Pilot Program is initiated.
removed
Transition— The Secretary shall take such actions as are necessary to ensure that, on the date on which the Pilot Program terminates under paragraph (1), any matter referred to the Chief Prosecutor under subsection (c)(2), but with respect to which the Chief Prosecutor has not made a determination under subsection (c)(3), shall be transferred to the appropriate convening authority for consideration.
removed
Definitions— In this Act:
removed
The term “Armed Force” means an Armed Force under the jurisdiction of the Secretary of a military department.
removed
The term “covered special victim offense” means a special victim offense—
removed
alleged to have been committed on or after the date of the enactment of this Act by a cadet of the United States Military Academy or the United States Air Force Academy, without regard to the location at which the offense was committed; or
removed
alleged to have been committed on or after the date of the enactment of this Act by a midshipman of the United States Naval Academy, without regard to the location at which the offense was committed.
removed
The term “Secretary” means the Secretary of Defense.
removed
The term “special victim offense” means any of the following:
removed
An offense under section 917a, 920, 920b, 920c, or 930 of title 10, United States Code (article 117a, 120, 120b, 120c, or 130 of the Uniform Code of Military Justice).
removed
A conspiracy to commit an offense specified in subparagraph (A) as punishable under section 881 of such title (article 81 of the Uniform Code of Military Justice).
removed
A solicitation to commit an offense specified in subparagraph (A) as punishable under section 882 of such title (article 82 of the Uniform Code of Military Justice).
removed
An attempt to commit an offense specified in subparagraph (A) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).
Sec. 549B Report on status of investigations of alleged sex-related offenses
removed
removed
Reports required— Not later than one year after the date of the enactment of this Act, and annually thereafter through December 31, 2025, the Secretary of each military department shall submit to the congressional defense committees a report on the status of investigations into alleged sex-related offenses.
removed
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:
removed
The total number of investigations.
removed
For each investigation—
removed
the date the investigation was initiated; and
removed
an explanation of whether the investigation is in-progress or complete as of the date of the report and, if complete, the date on which the investigation was completed.
removed
The total number of investigations that are complete as of the date of the report.
removed
The total number of investigations that are in-progress as of the date of the report.
removed
For investigations lasting longer than 180 days, an explanation of the primary reasons for the extended duration of the investigation.
removed
Definitions— In this section:
removed
The term “alleged sex-related offense” has the meaning given that term in section 1044(e)(h) of title 10, United States Code.
removed
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.
Sec. 550 Pilot program on prosecution of special victim offenses committed by attendees of military service academies
added
added
Pilot program— Beginning not later than January 1, 2021, the Secretary of Defense shall carry out a pilot program (referred to in this Act as the “Pilot Program”) under which the Secretary shall establish, in accordance with this section, an independent authority to—
added
review each covered special victim offense; and
added
determine whether such offense shall be referred to trial by an appropriate court-martial convening authority.
added
Office of the Chief Prosecutor—
added
Establishment— As part of the Pilot Program, the Secretary shall establish, within the Office of the Secretary of Defense, an Office of the Chief Prosecutor.
added
Head of Office— The head of the Office shall be known as the Chief Prosecutor. The Secretary shall appoint as the Chief Prosecutor a commissioned officer in the grade of O–7 or above who—
added
has significant experience prosecuting sexual assault trials by court-martial; and
added
is outside the chain of command of any cadet or midshipman described in subsection (f)(2).
added
Responsibilities— The Chief Prosecutor shall exercise the authorities described in subsection (c) but only with respect to covered special victim offenses.
added
Special rule— Notwithstanding any other provision of law, the military service from which the Chief Prosecutor is appointed is authorized an additional billet for a general officer or a flag officer for each year in the 2-year period beginning with the year in which the appointment is made.
added
Termination— The Office of the Chief Prosecutor shall terminate on the date on which the Pilot Program terminates under subsection (e).
added
Referral to Office of the Chief Prosecutor—
added
Investigation phase—
added
Notice and information— A military criminal investigative organization that receives an allegation of a covered special victim offense shall provide to the Chief Prosecutor and the commander of the military service academy concerned—
added
timely notice of such allegation; and
added
any information and evidence obtained as the result a subsequent investigation into the allegation.
added
Trial counsel— A trial counsel assigned to a case involving a covered special victim offense shall, during the investigative phase of such case, provide the Chief Prosecutor with the information necessary to enable the Chief Prosecutor to make the determination required under paragraph (3).
added
Referral to Chief Prosecutor— In the case of a charge relating to a covered special victim offense, in addition to referring the charge to the staff judge advocate under subsection (a) or (b) of section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), the convening authority of the Armed Force of which the accused is a member shall refer, as soon as reasonably practicable, the charge to the Chief Prosecutor to make the determination required by paragraph (3).
added
Prosecutorial determination— The Chief Prosecutor shall make a determination regarding whether a charge relating to a covered special victim offense shall be referred to trial. If the Chief Prosecutor makes a determination that the charge shall be tried by court-martial, the Chief Prosecutor also shall determine whether the charge shall be tried by a general court-martial convened under section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice) or a special court-martial convened under section 823 of such title (article 23 of the Uniform Code of Military Justice). The determination of whether to try a charge relating to a covered special victim offense by court-martial shall include a determination of whether to try any known offenses, including any lesser included offenses.
added
Effect of determination and appeals process—
added
Determination to proceed to trial— Subject to subparagraph (C), a determination to try a charge relating to a covered special victim offense by court-martial under paragraph (3), and the determination as to the type of court-martial, shall be binding on any convening authority under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) for a trial by court-martial on the charge.
added
Determination not to proceed to trial— Subject to subparagraph (C), a determination under paragraph (3) not to proceed to trial on a charge relating to a covered special victim offense by general or special court-martial shall be binding on any convening authority under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) except that such determination shall not operate to terminate or otherwise alter the authority of the convening authority—
added
to proceed to trial by court-martial on charges of collateral misconducted related to the special victim offense; or
added
to impose non-judicial punishment in connection with the conduct covered by the charge as authorized by section 815 of such title (article 15 of the Uniform Code of Military Justice).
added
Appeal— In a case in which a convening authority and the staff judge advocate advising such authority disagree with the determination of the Chief Prosecutor under paragraph (3), the convening authority and staff judge advocate may jointly appeal the determination to the General Counsel of the Department of Defense. The determination of the General Counsel with respect to such appeal shall be binding on the Chief Prosecutor and the convening authority concerned.
added
Trial by randomized jury— After the Chief Prosecutor makes a determination under paragraph (3) to proceed to trial on a charge relating to a covered special victim offense, the matter shall be tried by a court-martial convened within the Armed Force of which the accused is a member in accordance with the applicable provisions of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) except that, when convening a court-martial that is a general or special court-martial involving a covered special victim offense in which the accused elects a jury trial, the convening authority shall detail members of the Armed Forces as members thereof at random unless the obtainability of members of the Armed Forces for such court-martial prevents the convening authority from detailing such members at random.
added
Unlawful influence or coercion— The actions of the Chief Prosecutor under this subsection whether or not to try charges by court-martial shall be free of unlawful or unauthorized influence or coercion.
added
Effect on other law— This section shall supersede any provision of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that is inconsistent with this section, but only to the extent of the inconsistency.
added
Termination and transition—
added
Termination— The authority of the Secretary to carry out the Pilot Program shall terminate 4 years after the date on which the Pilot Program is initiated.
added
Transition— The Secretary shall take such actions as are necessary to ensure that, on the date on which the Pilot Program terminates under paragraph (1), any matter referred to the Chief Prosecutor under subsection (c)(2), but with respect to which the Chief Prosecutor has not made a determination under subsection (c)(3), shall be transferred to the appropriate convening authority for consideration.
added
Definitions— In this Act:
added
The term “Armed Force” means an Armed Force under the jurisdiction of the Secretary of a military department.
added
The term “covered special victim offense” means a special victim offense—
added
alleged to have been committed on or after the date of the enactment of this Act by a cadet of the United States Military Academy or the United States Air Force Academy, without regard to the location at which the offense was committed; or
added
alleged to have been committed on or after the date of the enactment of this Act by a midshipman of the United States Naval Academy, without regard to the location at which the offense was committed.
added
The term “Secretary” means the Secretary of Defense.
added
The term “special victim offense” means any of the following:
added
An offense under section 917a, 920, 920b, 920c, or 930 of title 10, United States Code (article 117a, 120, 120b, 120c, or 130 of the Uniform Code of Military Justice).
added
A conspiracy to commit an offense specified in subparagraph (A) as punishable under section 881 of such title (article 81 of the Uniform Code of Military Justice).
added
A solicitation to commit an offense specified in subparagraph (A) as punishable under section 882 of such title (article 82 of the Uniform Code of Military Justice).
added
An attempt to commit an offense specified in subparagraph (A) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).
Sec. 550A Report on status of investigations of alleged sex-related offenses
added
added
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.
added
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:
added
The total number of investigations.
added
For each investigation—
added
the date the investigation was initiated; and
added
an explanation of whether the investigation is in-progress or complete as of the date of the report and, if complete, the date on which the investigation was completed.
added
The total number of investigations that are complete as of the date of the report.
added
The total number of investigations that are in-progress as of the date of the report.
added
For investigations lasting longer than 180 days, an explanation of the primary reasons for the extended duration of the investigation.
added
Definitions— In this section:
added
The term “alleged sex-related offense” has the meaning given that term in section 1044(e)(h) of title 10, United States Code.
added
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.
Sec. 550B Report on sexual abuse and harassment of recruits during medical examinations prior to entry into the Armed Forces
addedadded 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 prevalence of sexual abuse and harassment of persons during the medical examination that precedes entry into the Armed Forces. Such report shall include the following:
added
The number of incidents of sexual abuse or harassment that have been reported since 2000, if available.
added
A description of the process by which the Department of Defense tracks the incidents of sexual abuse or harassment, if applicable.
added
A plan to establish a process by which the Department tracks the incidents of sexual abuse or harassment, including of the medical professionals involved, if such a process does not exist.
added
A plan to provide awareness training regarding sexual abuse and harassment provided to medical professionals who perform such examinations, if such training does not exist.
added
A plan to provide recruits with information on their rights and responsibilities in the event they face sexual abuse and harassment that is incident to service but prior to starting service in the Armed Forces, if such information does not exist.
added
A description of the legal redress available to persons who experience such sexual abuse and harassment, including through the Uniform Code of Military Justice, for those who enter the Armed Forces.
Sec. 550C Confidential reporting of sexual harassment
added
added
Establishment— Chapter 80 of title 10, United States Code, is amended by inserting after section 1561a the following new section:
added “1561b. Confidential reporting of sexual harassment
added “(a) Establishment—Notwithstanding section 1561 of this title, the Secretary of Defense shall prescribe regulations establishing 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 that member.
added “(b) Investigation—An individual designated to receive complaints under subsection (a)—
added “(1) shall maintain the confidentiality of the member alleging the complaint;
added “(2) shall provide to the member alleging the complaint the option—
added “(A) to file a formal or informal report of sexual harassment; and
added “(B) to include reports related to such complaint in the Catch a Serial Offender Program; and
added “(3) shall provide to the commander of the complainant a report—
added “(A) regarding the complaint; and
added “(B) that does not contain any personally identifiable information regarding the complainant.
added “(c) Education; tracking; reporting—The Secretary of Defense shall—
added “(1) educate members under the jurisdiction of the Secretary of a military department regarding the process established under this section;
added “(2) track complaints alleged pursuant to the process established under this section; and
added “(3) submit annually to the Committees on Armed Services of the Senate and House of Representatives a report containing data (that does not contain any personally identifiable information) relating to such complaints.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1561b the following new item:
added
Implementation— The Secretary shall carry out section 1561b of title 10, United States Code, as added by subsection (a), not later than 1 year after the date of the enactment of this Act.
Sec. 552 Medical or administrative discharge as a pathway for counseling in the Transition Assistance Program
added Section 1142(c)(1) of title 10, United States Code, is amended—
removed
In general— Chapter 107 of title 10, United States Code, is amended by adding at the end the following new section:
removed
“2158. Mentoring and career counseling program
removed
“(a) Establishment; objectives—The Secretary of Defense, in coordination with the Secretaries of the military departments and the Chief Diversity Officer, shall implement a program for mentoring and career counseling that—
removed
“(1) ensures that all military occupational specialties and career fields reflect the demographics of the armed forces; and
removed
“(2) ensures that members in all ranks and grades reflect the demographics of the armed forces.
removed
“(b) Program description and components—The program under subsection (a) shall—
removed
“(1) include mentoring and career counseling efforts that start prior to the initial career field decision point and continue throughout the career of each participating member;
removed
“(2) provide guidance on accession into the military occupational specialties and career fields that experience the highest rates and greatest number of promotions to a grade above O–6; and
removed
“(3) promote information regarding career choices, including opportunities in the reserve components, to optimize the ability of a participating member to make informed career choices from accession to retirement.
removed
“(c) Evaluation metrics—The Secretary of Defense shall establish and maintain metrics to evaluate the effectiveness of the program under this section.”
changed
Clerical amendment— The table of sections at the beginning of chapter 107 of such title is amended in subparagraph (E), by at the end striking “Disability” and inserting “Potential or confirmed medical discharge of the following new item:member”; and
added
in subparagraph (F), by striking “Character” and all that follows and inserting “Potential or confirmed involuntary separation of the member.”.
removed
Interim report—
removed
Report required— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees on Armed Services of the Senate and the House of Representatives a report on the implementation of section 2158 of title 10, United States Code, as added by subsection (a).
removed
Elements— The report under paragraph (1) shall include the following:
removed
A description and assessment of the manner in which the Department of Defense shall implement the program under subsection (a) of such section 2158.
removed
The initial evaluation metrics developed under subsection (c) of such section 2158.
removed
An explanation of whether the program will be carried out as part of another program of the Department or through the establishment of a separate program.
removed
A comprehensive description of the additional personnel, resources, and training that will be required to implement the program, including identification of the specific number of additional billets that will be needed to staff the program.
removed
Recommendations of the Secretary for additional legislation that the Secretary determines e necessary to effectively and efficiently implement the program.
removed
Annual report—
removed
Report required— Not later than October 1, 2021, and annually thereafter for three years, the Secretary of Defense shall submit to the congressional defense committees on Armed Services of the Senate and the House of Representatives a report on the program under section 2158 of title 10, United States Code, as added by subsection (a).
removed
Elements— Each report under paragraph (1) shall include, disaggregated by Armed Force, the following:
removed
The latest evaluation metrics developed under subsection (c) of such section 2158.
removed
The number of individuals, disaggregated by grade, ethnicity, race, and gender, who were eligible for participation in the program.
removed
The number of individuals, disaggregated by grade, ethnicity, race, and gender, who opted out of participation in the program.
removed
An assessment of the effectiveness of the program in advancing the careers of minority commissioned officers.
removed
Publication— The Secretary of Defense shall—
removed
publish on an appropriate publicly available website of the Department of Defense the reports required under subsections (c) and (d); and
removed
ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.
removed
Implementation date— The Secretary of Defense shall implement the program under section 2158 of title 10, United States Code, as added by subsection (a), not later than one year after the date of the enactment of this Act.
removed
Definitions— In this section:
removed
The term “minority person” means any individual who is a citizen of the United States and who is—
removed
Asian American;
removed
Native Hawaiian;
removed
a Pacific Islander;
removed
African American;
removed
Hispanic;
removed
Puerto Rican;
removed
Native American;
removed
an Alaska Native; or
removed
female.
removed
The term “minority commissioned officer” means any commissioned officer who is a minority person.
removed
The term “machine-readable” has the meaning given that term in section 3502(18) of title 44, United States Code.
Sec. 553 Family dynamics as pathways for counseling in the Transition Assistance Program
added Section 1142(c)(1) of title 10, United States Code, as amended by section (a), is further amended—
removed
Authority to award bachelor’s degrees— Section 2168 of title 10, United States Code, is amended—
removed
in the section heading, by striking “Associate” and inserting “Associate or Bachelor”; and
removed
by amending subsection (a) to read as follows:
removed
“(a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer—
removed
“(1) an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree; or
removed
“(2) a Bachelor of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree.”
changed
Clerical amendment— The table of sections at the beginning of chapter 108 of title 10, United States Code, is amended by striking the item relating to section 2168 and inserting the following new item:redesignating subparagraph (M) as subparagraph (R); and
added
by inserting after subparagraph (L) the following:
added “(M) Child care requirements of the member (including whether a dependent of the member is enrolled in the Exceptional Family Member Program).
added “(N) The employment status of other adults in the household of the member.
added “(O) The location of the duty station of the member (including whether the member was separated from family while on duty).
added “(P) The effects of operating tempo and personnel tempo on the member and the household of the member.
added “(Q) Whether the member is an Indian or urban Indian, as those terms are defined in section 4 of the Indian Health Care Improvement Act (Public Law 94–437; 25 U.S.C. 1603).”
Sec. 554 Establishment of mentoring and career counseling program
changed
Authority to award bachelor’s degrees—In general— Section 2168 Chapter 107 of title 10, United States Code, is amended—amended by adding at the end the following new section:
added “2158. Mentoring and career counseling program
added “(a) Establishment; objectives—The Secretary of Defense, in coordination with the Secretaries of the military departments and the Chief Diversity Officer, shall implement a program for mentoring and career counseling that—
added “(1) ensures that all military occupational specialties and career fields reflect the demographics of the armed forces; and
added “(2) ensures that members in all ranks and grades reflect the demographics of the armed forces.
added “(b) Program description and components—The program under subsection (a) shall—
added “(1) include mentoring and career counseling efforts that start prior to the initial career field decision point and continue throughout the career of each participating member cadet or midshipman;
added “(2) provide guidance on accession into the military occupational specialties and career fields that experience the highest rates and greatest number of promotions to a grade above O–6; and
added “(3) promote information regarding career choices, including opportunities in the reserve components, to optimize the ability of a participating member cadet, or midshipman to make informed career choices from accession to retirement.
added “(c) Evaluation metrics—The Secretary of Defense shall establish and maintain metrics to evaluate the effectiveness of the program under this section.”
removed
in the section heading, by striking “Associate” and inserting “Associate or Bachelor”; and
removed
by amending subsection (a) to read as follows:
removed
“(a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer—
removed
“(1) an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree; or
removed
“(2) a Bachelor of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree.”
changed
Clerical amendment— The table of sections at the beginning of chapter 108 107 of such title 10, United States Code, is amended by striking at the item relating to section 2168 and inserting end the following new item:
added
Interim report—
added
Report required— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees on Armed Services of the Senate and the House of Representatives a report on the implementation of section 2158 of title 10, United States Code, as added by subsection (a).
added
Elements— The report under paragraph (1) shall include the following:
added
A description and assessment of the manner in which the Department of Defense shall implement the program under subsection (a) of such section 2158.
added
The initial evaluation metrics developed under subsection (c) of such section 2158.
added
An explanation of whether the program will be carried out as part of another program of the Department or through the establishment of a separate program.
added
A comprehensive description of the additional personnel, resources, and training that will be required to implement the program, including identification of the specific number of additional billets that will be needed to staff the program.
added
Recommendations of the Secretary for additional legislation that the Secretary determines e necessary to effectively and efficiently implement the program.
added
Annual report—
added
Report required— Not later than October 1, 2021, and annually thereafter for 3 years, the Secretary of Defense shall submit to the congressional defense committees on Armed Services of the Senate and the House of Representatives a report on the program under section 2158 of title 10, United States Code, as added by subsection (a).
added
Elements— Each report under paragraph (1) shall include, disaggregated by Armed Force, the following:
added
The latest evaluation metrics developed under subsection (c) of such section 2158.
added
The number of individuals, disaggregated by grade, ethnicity, race, and gender, who were eligible for participation in the program.
added
The number of individuals, disaggregated by grade, ethnicity, race, and gender, who opted out of participation in the program.
added
An assessment of the effectiveness of the program in advancing the careers of minority commissioned officers.
added
Publication— The Secretary of Defense shall—
added
publish on an appropriate publicly available website of the Department of Defense the reports required under subsections (c) and (d); and
added
ensure that any data included with each such report is made available in a machine-readable format that is downloadable, searchable, and sortable.
added
Implementation date— The Secretary of Defense shall implement the program under section 2158 of title 10, United States Code, as added by subsection (a), not later than 1 year after the date of the enactment of this Act.
added
Definitions— In this section:
added
The term “minority person” means any individual who is a citizen of the United States and who is—
added
Asian American;
added
Native Hawaiian;
added
a Pacific Islander;
added
African American;
added
Hispanic;
added
Puerto Rican;
added
Native American;
added
an Alaska Native; or
added
female.
added
The term “minority commissioned officer” means any commissioned officer who is a minority person.
added
The term “machine-readable” has the meaning given that term in section 3502(18) of title 44, United States Code.
Sec. 555 Defense Language Institute Foreign Language Center
added
Authority To award bachelor’s degrees— Section 2168 of title 10, United States Code, is amended—
added
in the section heading, by striking “Associate” and inserting “Associate or Bachelor”; and
added
by amending subsection (a) to read as follows:
added “(a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer—
added “(1) an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree; or
added “(2) a Bachelor of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree.”
added
Clerical amendment— The table of sections at the beginning of chapter 108 of title 10, United States Code, is amended by striking the item relating to section 2168 and inserting the following new item:
removed
Section 9431(b)(4) of title 10, United States Code, is amended by striking “23” and inserting “25”.
Sec. 556 Defense Language Institute Foreign Language Center
added
Authority To award bachelor’s degrees— Section 2168 of title 10, United States Code, is amended—
removed
Congressional nominations portal—
removed
In general— Not later than one year after the date of the enactment of this Act, the Secretary, in consultation with the Superintendents of the military service academies, shall ensure that there is a uniform online portal for all military service academies that enables Members of Congress to nominate individuals for appointment to each academy through a secure website.
changed
Information collection and reporting— The online portal established under paragraph (1) shall—in the section heading, by striking “Associate” and inserting “Associate or Bachelor”; and
removed
collect, from each Member of Congress, the demographic information described in subsection (b) for each individual nominated by the Member; and
removed
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.
changed
Availability of information— The portal shall allow Members of Congress and their designees by amending subsection (a) to view past nomination records for all application cycles.read as follows:
added “(a) Subject to subsection (b), the Commandant of the Defense Language Institute may confer—
added “(1) an Associate of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree; or
added “(2) a Bachelor of Arts degree in a foreign language upon any graduate of the Foreign Language Center of the Institute who fulfills the requirements for that degree.”
added
Clerical amendment— The table of sections at the beginning of chapter 108 of title 10, United States Code, is amended by striking the item relating to section 2168 and inserting the following new item:
removed
Standard classifications for collection of demographic data—
removed
Standards required— The Secretary, in consultation with the Superintendents of the military service academies, shall establish standard classifications that cadets, midshipmen, and applicants to the academies may use to self-identify gender, race, and ethnicity and to provide other demographic information in connection with admission to or enrollment in an academy.
removed
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.
removed
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—
removed
applications for admission to the military service academies; and
removed
the military personnel records of cadets and midshipmen enrolled in such academies.
removed
Annual report on the demographics military service academy applicants—
removed
Report required— Not later than September 30 of each year beginning after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the demographics of applicants to military service academies for the most recently concluded application year.
removed
Elements— Each report under paragraph (1) shall include, with respect to each military service academy, the following:
removed
The number of individuals who submitted an application for admission to the academy in the application year covered by the report.
removed
Of the individuals who submitted an application for admission to the academy in such year—
removed
the overall demographics of applicant pool, disaggregated by the classifications established under subsection (b) and by Member of Congress;
removed
the number and percentage who received a nomination, disaggregated by the classifications established under subsection (b) and by Member of Congress;
removed
the number and percentage who received an offer for appointment to the academy, disaggregated by the classifications established under subsection (b) and by Member of Congress; and
removed
the number and percentage who accepted an appointment to the academy, disaggregated by the classifications established under subsection (b) and by Member of Congress.
removed
Consultation— In preparing each report under paragraph (1), the Secretary shall consult with the Superintendents of the military service academies.
removed
Availability of reports and data— The Secretary shall—
removed
make the results of each report under paragraph (1) available on a publicly accessible website of the Department of Defense; and
removed
ensure that any data included with the report is made available in a machine-readable format that is downloadable, searchable, and sortable.
removed
Definitions— In this section:
removed
The term application year means the period beginning on January 1 of one year and ending on June 1 of the following year.
removed
The term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.
removed
The term machine-readable has the meaning given that term in section 3502(18) of title 44, United States Code.
removed
The term military service academy means—
removed
the United States Military Academy;
removed
the United States Naval Academy; and
removed
the United States Air Force Academy.
removed
The term Secretary means the Secretary of Defense.
Sec. 557 Increase in number of permanent professors at the United States Air Force Academy
added Section 9431(b)(4) of title 10, United States Code, is amended by striking “23” and inserting “25”.
removed
Sense of Congress— It is the sense of Congress that--
removed
professional military education is foundational to the development of ethical and effective military leaders and vital to national security;
removed
oversight of professional military education is an essential part of Congress’ constitutional responsibilities to regulate and maintain the Armed Forces of the United States;
removed
reform of the professional military education system, as directed by the congressional defense committees, has played a central role in the institutionalization of jointness as envisioned by the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99–433);
removed
the Goldwater-Nichols professional military education model has served the Nation well since the end of the Cold War by enabling successful joint military operations across the spectrum of conflict;
removed
recent changes in the national security environment require that the professional military education enterprise adapt to prepare the joint force to successfully defend American interests in evolving areas of strategic competition;
removed
the Department of Defense must transform the professional military education enterprise to meet these challenges by emphasizing focused and rigorous intellectual study reflecting the hard won strategic insights of history, while leveraging advancements in the modern learning environment.
removed
Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Department of Defense may be obligated or expended consolidate, close, or significantly change the curriculum of the National Defense University or any institution of professional military education of an Armed Force until a period of 120 days has elapsed following the date on which the Under Secretary of Defense for Personnel and Readiness submits the report required under subsection (c).
removed
Report required—
removed
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of the professional military education enterprise.
removed
Elements— The report required under paragraph (1) shall include the following:
removed
A consolidated summary that—
removed
lists all components of the professional military education enterprise of the Department of Defense, including all associated schools, programs, research centers, and support activities; and
removed
for each such component, identifies the assigned personnel strength, annual student throughput, and budget details covering the period of three fiscal years preceding the date of the report.
removed
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.
removed
Recommendations to improve the intellectual readiness of the joint force through reforms designed to—
removed
improve the warfighting readiness, intellectual fitness and cognitive ingenuity of military leaders;
removed
promote development of strategic thinkers capable of developing integrated political-military and cross-domain strategies and new doctrinal concepts;
removed
enhance the effectiveness, coherence, and efficiency of individual service approaches to professional military education;
removed
improve the depth and rigor of professional military education curriculum in alignment with national defense strategy pacing threats while enhancing strategic relationships and operational integration with key allies and international security partners; and
removed
foster the deliberate development of world-class faculty through increasing the value of faculty assignments and other appropriate measures.
Sec. 558 Information on nominations and applications for military service academies
added
Congressional nominations portal—
added
In general— Not later than 1 year after the date of the enactment of this Act, the Secretary, in consultation with the Superintendents of the military service academies, shall ensure that there is a uniform online portal for all military service academies that enables Members of Congress to nominate individuals for appointment to each academy through a secure website.
added
Information collection and reporting— The online portal established under paragraph (1) shall—
added
collect, from each Member of Congress, the demographic information described in subsection (b) for each individual nominated by the Member; and
added
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.
added
Availability of information— The portal shall allow Members of Congress and their designees to view past nomination records for all application cycles.
added
Standard classifications for collection of demographic data—
added
Standards required— The Secretary, in consultation with the Superintendents of the military service academies, shall establish standard classifications that cadets, midshipmen, and applicants to the academies may use to self-identify gender, race, and ethnicity and to provide other demographic information in connection with admission to or enrollment in an academy.
removed
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).
removed
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—
changed
Consistency with OMB guidance— assess requirements for joint professional military education and civilian leader education in The standard classifications established under paragraph (1) shall be consistent with the counterterrorism, irregular warfare, standard classifications specified in Office of Management and asymmetrical domains Budget Directive No. 15 (pertaining to support the Department race and other national security institutions of the ethnic standards for Federal Government;statistics and administrative reporting) or any successor directive.
changed
Incorporation into applications and records— determine whether Not later than 180 days after the importance, challenges, and complexity date of the modern counterterrorism environment and irregular and asymmetrical domains warrant—enactment of this Act, the Secretary shall incorporate the standard classifications established under paragraph (1) into—
removed
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
changed
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 applications for admission to the College of International Security Affairs on January 1, 2019;military service academies; and
added
the military personnel records of cadets and midshipmen enrolled in such academies.
added
Annual report on the demographics military service academy applicants—
added
Report required— Not later than September 30 of each year beginning after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the demographics of applicants to military service academies for the most recently concluded application year.
removed
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
removed
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.
removed
Report required— Not later than February 1, 2021, the Secretary shall submit to the congressional defense committees a report on—
changed
Elements— the findings of the Secretary Each report under paragraph (1) shall include, with respect to each military service academy, the assessments, determination, and review conducted under subsection (b); andfollowing:
added
The number of individuals who submitted an application for admission to the academy in the application year covered by the report.
added
Of the individuals who submitted an application for admission to the academy in such year—
added
the overall demographics of applicant pool, disaggregated by the classifications established under subsection (b) and by Member of Congress;
added
the number and percentage who received a nomination, disaggregated by the classifications established under subsection (b) and by Member of Congress;
added
the number and percentage who received an offer for appointment to the academy, disaggregated by the classifications established under subsection (b) and by Member of Congress; and
added
the number and percentage who accepted an appointment to the academy, disaggregated by the classifications established under subsection (b) and by Member of Congress.
changed
Consultation— such recommendations as In preparing each report under paragraph (1), the Secretary may have for higher education in shall consult with the counterterrorism, irregular, and asymmetrical domains.Superintendents of the military service academies.
added
Availability of reports and data— The Secretary shall—
added
make the results of each report under paragraph (1) available on a publicly accessible website of the Department of Defense; and
added
ensure that any data included with the report is made available in a machine-readable format that is downloadable, searchable, and sortable.
added
Definitions— In this section:
added
The term application year means the period beginning on January 1 of one year and ending on June 1 of the following year.
added
The term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.
added
The term machine-readable has the meaning given that term in section 3502(18) of title 44, United States Code.
added
The term military service academy means—
added
the United States Military Academy;
added
the United States Naval Academy; and
added
the United States Air Force Academy.
added
The term Secretary means the Secretary of Defense.
Sec. 559 Transformation of the professional military education enterprise
changed
Establishment—Sense of Congress— The Secretary of Defense, acting through the Chairman of the Joint Chiefs of Staff and in consultation with the Under Secretary of Defense for Personnel and Readiness, shall establish and maintain a public-private consortium (referred to in this section as It is the “Consortium”) to improve and broaden professional military education for military officers and civilian employees sense of the Federal Government.Congress that—
added
professional military education is foundational to the development of ethical and effective military leaders and vital to national security;
added
oversight of professional military education is an essential part of Congress’ constitutional responsibilities to regulate and maintain the Armed Forces of the United States;
added
reform of the professional military education system, as directed by the congressional defense committees, has played a central role in the institutionalization of jointness as envisioned by the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99–433);
added
the Goldwater-Nichols professional military education model has served the Nation well since the end of the Cold War by enabling successful joint military operations across the spectrum of conflict;
added
recent changes in the national security environment require that the professional military education enterprise adapt to prepare the joint force to successfully defend American interests in evolving areas of strategic competition; and
added
the Department of Defense must transform the professional military education enterprise to meet these challenges by emphasizing focused and rigorous intellectual study reflecting the hard won strategic insights of history, while leveraging advancements in the modern learning environment.
added
Limitation— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Department of Defense may be obligated or expended consolidate, close, or significantly change the curriculum of the National Defense University or any institution of professional military education of an Armed Force until a period of 120 days has elapsed following the date on which the Under Secretary of Defense for Personnel and Readiness submits the report required under subsection (c).
added
Report required—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of the professional military education enterprise.
removed
Directors—
removed
In general— The President of the National Defense University and the head of a civilian institution of higher education appointed in accordance with paragraph (3) shall serve as co-directors of the Consortium.
removed
Responsibilities of co-directors— The co-directors shall be responsible for—
removed
the administration and management of the Consortium; and
removed
developing a common curriculum for professional military education using input received from members of the Consortium.
removed
Appointment of co-director from civilian institution— Not later than June 1, 2021, the Secretary of Defense shall appoint an individual who is the President or Chancellor of a civilian institution of higher education to serve as co-director of the Consortium as described in paragraph (1).
removed
Term of co-director— The co-director appointed under paragraph (3) shall serve an initial term of five years. The Secretary of Defense may reappoint such co-director for one or more additional terms of not more than five years, as the Secretary determines appropriate.
removed
Authority— In the event that a conflict arises between co-directors of the Consortium, the conflict shall be resolved by the Director for Joint Force Development of the Joint Chiefs of Staff (J-7).
removed
Activities of Consortium— The Consortium shall carry out the following activities:
changed
Elements— Bring the military education system (including military service academies, institutions that provide professional military education, and other institutions the provide military education) together with a broad group of civilian institutions of higher education, policy research institutes, and the commercial sector to develop and continually update a research-based curriculum to prepare early career, mid-career, and senior military officers and civilian employees of the Federal Government to succeed in an era that will be predominantly defined by great power competition and in which security challenges will transcend The report required under paragraph (1) shall include the traditional areas of defense expertise, becoming more complex and inter-related than before, with disruptions that will manifest rapidly and with little warning.following:
added
A consolidated summary that—
added
lists all components of the professional military education enterprise of the Department of Defense, including all associated schools, programs, research centers, and support activities; and
added
for each such component, identifies the assigned personnel strength, annual student throughput, and budget details covering the period of 3 fiscal years preceding the date of the report.
added
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.
added
Recommendations to improve the intellectual readiness of the joint force through reforms designed to—
added
improve the warfighting readiness, intellectual fitness and cognitive ingenuity of military leaders;
added
promote development of strategic thinkers capable of developing integrated political-military and cross-domain strategies and new doctrinal concepts;
added
enhance the effectiveness, coherence, and efficiency of individual service approaches to professional military education;
added
improve the depth and rigor of professional military education curriculum in alignment with national defense strategy pacing threats while enhancing strategic relationships and operational integration with key allies and international security partners; and
added
foster the deliberate development of world-class faculty through increasing the value of faculty assignments and other appropriate measures.
removed
Train military officers and civilian educators serving in the joint professional military education system to implement the curriculum developed under paragraph (2) at the institutions they serve.
removed
On a regular basis, make recommendations to the Secretary about how the joint professional military education system should be modified to meet the challenges of apparent or possible future defense, national security, and international environments.
removed
Members— The Consortium shall be composed of representatives selected by the Secretary of Defense from the following organizations:
removed
Organizations within the joint professional military education system.
removed
Military service academies.
removed
Other institutions of the Federal Government that provide military education.
removed
Civilian institutions of higher education.
removed
Private sector and government policy research institutes.
removed
Organizations in the commercial sector, including organizations from the industrial, finance, and technology sectors.
removed
Annual report— Not later than September 30, 2022, and annually thereafter, the co-directors of the Consortium shall submit to the Secretary of Defense and the congressional defense committees a report that describes the activities carried out by the Consortium during the preceding year.
removed
Civilian institution defined— In this section, the term “civilian institution of higher education” means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that is not owned or controlled by the Federal Government.
Sec. 560 College of International Security Affairs of the National Defense University
added
added
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).
added
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—
added
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;
added
determine whether the importance, challenges, and complexity of the modern counterterrorism environment and irregular and asymmetrical domains warrant—
added
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
added
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;
added
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
added
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.
added
Report required— Not later than February 1, 2021, the Secretary shall submit to the congressional defense committees a report on—
added
the findings of the Secretary with respect to the assessments, determination, and review conducted under subsection (b); and
added
such recommendations as the Secretary may have for higher education in the counterterrorism, irregular, and asymmetrical domains.
Sec. 560A Public-private consortium to improve professional military education
added
added
Establishment— The Secretary of Defense, acting through the Chairman of the Joint Chiefs of Staff and in consultation with the Under Secretary of Defense for Personnel and Readiness, shall establish and maintain a public-private consortium (referred to in this section as the “Consortium”) to improve and broaden professional military education for military officers and civilian employees of the Federal Government.
added
Directors—
added
In general— The President of the National Defense University and the head of a civilian institution of higher education appointed in accordance with paragraph (3) shall serve as co-directors of the Consortium.
added
Responsibilities of co-directors— The co-directors shall be responsible for—
added
the administration and management of the Consortium; and
added
developing a common curriculum for professional military education using input received from members of the Consortium.
added
Appointment of co-director from civilian institution— Not later than June 1, 2021, the Secretary of Defense shall appoint an individual who is the President or Chancellor of a civilian institution of higher education to serve as co-director of the Consortium as described in paragraph (1).
added
Term of co-director— The co-director appointed under paragraph (3) shall serve an initial term of 5 years. The Secretary of Defense may reappoint such co-director for one or more additional terms of not more than 5 years, as the Secretary determines appropriate.
added
Authority— In the event that a conflict arises between co-directors of the Consortium, the conflict shall be resolved by the Director for Joint Force Development of the Joint Chiefs of Staff (J–7).
added
Activities of Consortium— The Consortium shall carry out the following activities:
added
Bring the military education system (including military service academies, institutions that provide professional military education, and other institutions the provide military education) together with a broad group of civilian institutions of higher education, policy research institutes, and the commercial sector to develop and continually update a research-based curriculum to prepare early career, mid-career, and senior military officers and civilian employees of the Federal Government to succeed in an era that will be predominantly defined by great power competition and in which security challenges will transcend the traditional areas of defense expertise, becoming more complex and inter-related than before, with disruptions that will manifest rapidly and with little warning.
added
Train military officers and civilian educators serving in the joint professional military education system to implement the curriculum developed under paragraph (2) at the institutions they serve.
added
On a regular basis, make recommendations to the Secretary about how the joint professional military education system should be modified to meet the challenges of apparent or possible future defense, national security, and international environments.
added
Members— The Consortium shall be composed of representatives selected by the Secretary of Defense from the following organizations:
added
Organizations within the joint professional military education system.
added
Military service academies.
added
Other institutions of the Federal Government that provide military education.
added
Civilian institutions of higher education.
added
Private sector and government policy research institutes.
added
Organizations in the commercial sector, including organizations from the industrial, finance, and technology sectors.
added
Annual report— Not later than September 30, 2022, and annually thereafter, the co-directors of the Consortium shall submit to the Secretary of Defense and the congressional defense committees a report that describes the activities carried out by the Consortium during the preceding year.
added
Civilian institution defined— In this section, the term “civilian institution of higher education” means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that is not owned or controlled by the Federal Government.
Sec. 560B Participation of members of the reserve components of the Armed Forces in the Skillbridge program
addedadded Section 1143(e)(2) of title 10, United States Code, is amended to read as follows:
added “(2) A member of the armed forces is eligible for a program under this subsection if—
added “(A) the member—
added “(i) has completed at least 180 days on active duty in the armed forces; and
added “(ii) is expected to be discharged or released from active duty in the armed forces within 180 days of the date of commencement of participation in such a program; or
added “(B) the member is a member of a reserve component.”
Sec. 560C Study regarding VA participation in TAP
addedadded Not later than December 31, 2022, the Secretaries of Defense and Veterans Affairs shall submit to the congressional defense committees and the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the results of a study on the feasibility of having representatives of the Department of Veterans Affairs present during counseling sessions under section 1142 of title 10, United States Code, to set up premium eBenefits accounts of the Department of Veterans Affairs for members of the Armed Forces participating in the Transition Assistance Program.
Sec. 560D GAO study regarding transferability of military certifications to civilian occupational licenses and certifications
added
added
Study; 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 Congress a report containing the results of a study regarding the transferability of military certifications to civilian occupational licenses and certifications.
added
Elements— The report under this section shall include the following:
added
Obstacles to transference of military certifications.
added
Any effects of the transferability of military certifications on recruitment and retention.
added
Examples of certifications obtained from the Federal Government that transfer to non-Federal employment.
Sec. 560E Transition outreach
addedadded The Secretary of Defense, in coordination with the Secretaries of Veterans Affairs and Labor, shall encourage contact between members of the Armed Forces participating in the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code, and local communities, to promote employment opportunities for such members. Such contact shall include, to the extent practicable, public-private partnerships.
Sec. 560F Continued participation of separated members of the Armed Forces in Skillbridge programs
addedadded Section 1143(e) of title 10, United States Code, is amended—
added
by redesignating paragraph (3) as paragraph (4); and
added
by inserting after paragraph (2) the following new paragraph (3):
added “(3) In the case of an eligible member who enrolls in a program under this subsection and who is discharged or released from active duty in the armed forces before the completion of the program, such member may continue to participate in the program until the completion of the program. The continued participation of such a member in such a program shall have no effect on the discharge or separation date of the member or the eligibility of the member for any pay or benefits.”
Sec. 560G Expansion of Skillbridge program to include the Coast Guard
addedadded Section 1143(e) of title 10, United States Code, is amended—
added
in paragraph (1), by striking “of a military department” and inserting “concerned”;
added
in paragraph (3), by striking “of the military department”; and
added
in paragraph (4), by striking “of Defense” and inserting “concerned”.
Sec. 560H Establishment of performance measures for the Credentialing Opportunities On-Line programs of the Armed Forces
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish additional performance measures to evaluate the effectiveness of the COOL programs of each Armed Force in connecting members of the Armed Forces with professional credential programs. Such measures shall include the following:
added
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.
added
The percentage of members of the Armed Force concerned described in paragraph (1) who have completed a professional credential program described in that paragraph.
added
The percentage of members of the Armed Force concerned described in paragraphs (1) and (2) who are employed not later than one year after separation or release from the Armed Forces.
added
Coordination— To carry out this section, the Secretary of Defense may coordinate with the Secretaries of Veterans Affairs and Labor.
Sec. 560I Authority of military educational institutions to accept research grants
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall issue regulations under which faculty of military educational institutions shall be authorized to accept research grants from individuals and entities outside the Department of Defense.
added
Military educational institution defined— In this section, the term “military educational institution” means a postsecondary educational institution established within the Department of Defense.
Sec. 560J Report on officer training in irregular warfare
added
added
Report required— 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 training in irregular warfare, if any, provided to officers of the Armed Forces as part of the regular course of instruction for such officers.
added
Elements— The report under subsection (a) shall include—
added
the level of instruction in irregular warfare typically provided to officers;
added
the number of hours of instruction at each level; and
added
a description of the subject areas covered by the instruction.
added
Exclusion of specialized training— The report under subsection (a) shall not include information on specialized or branch-specific training in irregular warfare provided to certain officers as part of a specialized course of instruction.
added
Definitions— In this section:
added
The term “appropriate congressional committees” means—
added
the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
added
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
added
The term “irregular warfare” has the meaning given that term in the Joint Operating Concept of the Department of Defense titled “Irregular Warfare: Countering Irregular Threats”, version 2.0, dated May 17, 2010.
Sec. 560K Report regarding county, Tribal, and local veterans service officers
added
added
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.
added
Metrics— In determining the effects described in subsection (a), the Secretary of Defense shall use metrics including the following:
added
Feedback from members described in subsection (a) and from veterans regarding interactions with CVSOs.
added
Greater use of benefits (including health care, employment services, education, and home loans) available to veterans under laws administered by the Secretary of—
added
Veterans Affairs;
added
Labor;
added
Health and Human Services;
added
Housing and Urban Development; or
added
Education.
added
Greater use of benefits available to veterans not described in paragraph (2).
added
Frequencies of post-demobilization follow-up meetings initiated by—
added
a CVSO; or
added
a veteran.
added
Awareness and understanding of local support services (including CVSOs) available to veterans.
added
Elements— The report under this section shall include the following:
added
The number of demobilization centers that host CVSOs.
added
The locations of demobilization centers described in paragraph (1).
added
Barriers to expanding the presence of CVSOs at demobilization centers nationwide.
added
Recommendations of the Secretary of Defense regarding the presence of CVSOs at demobilization centers.
added
CVSO defined— In this section, the term “CVSO” includes—
added
a county veterans service officer;
added
a Tribal veterans service officer;
added
a Tribal veterans representative; or
added
another State, Tribal, or local entity that the Secretary of Defense determines appropriate.
Sec. 560L Limited exception for attendance of enlisted personnel at senior level and intermediate level officer professional military education courses
addedadded Section 559 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1775) is amended—
added
in subsection (a), by striking “None of the funds” and inserting “Except as provided in subsection (b), none of the funds”;
added
by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
added
by inserting after subsection (a) the following new subsection:
added “(b) Exception—Funds authorized to be appropriated or otherwise made available for the Department of Defense may be obligated or expended for the purpose of the attendance of enlisted personnel at senior level and intermediate level officer professional military education courses if—
added “(1) the enlisted personnel attending such courses have completed professional military education at the appropriate grade prior to attendance;
added “(2) the Secretary concerned (as defined in section 101(a)(9) of title 10, United States Code) establishes a screening and selection process to choose enlisted personnel to attend such courses;
added “(3) with respect to attendees of resident programs—
added “(A) the Secretary concerned establishes a utilization policy for enlisted graduates of such programs; and
added “(B) attendees of such programs agree to a 3-year service obligation after completion of such programs;
added “(4) the Secretary concerned authorizes enlisted personnel to attend only after the Secretary determines all requirements for attendance of officers at such courses have been met; and
added “(5) an officer is not denied attendance at such courses for the primary purpose of allowing enlisted personnel to attend.”
Sec. 560M Limitation on eligibility of for-profit institutions to participate in educational assistance programs of the Department of Defense
added
added
In general— Section 2006a of title 10, United States Code, is amended—
added
in subsection (b)—
added
in paragraph (3), by striking “and” at the end;
added
in paragraph (4), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following new paragraph:
added “(5) in the case of program offered by a proprietary institution of higher education, the institution derives not less than ten percent of such institution’s revenues from sources other than Federal educational assistance funds as required under subsection (c).”
added
by redesignating subsection (c) as subsection (d);
added
by inserting after subsection (b) the following new subsection:
added “(c) Limitation on participation of proprietary institutions—The Secretary of Defense may not approve an educational program offered by a proprietary institution of higher education, and no educational assistance under a Department of Defense educational assistance program or authority covered by this section may be provided to such an institution, unless the institution derives not less than ten percent of such institution’s revenues from sources other than Federal educational assistance funds.”
added
in subsection (d), as so redesignated, by adding at the end the following new paragraphs:
added “(3) The term “Federal educational assistance funds” means any Federal funds provided under this title, the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), or any other Federal law, through a grant, contract, subsidy, loan, guarantee, insurance, or other means to a proprietary institution of higher education, including Federal financial assistance that is disbursed or delivered to an institution or on behalf of a student or to a student to be used to attend the institution, except that such term shall not include any monthly housing stipend provided under the Post-9/11 Educational Assistance Program under chapter 33 of title 38.
added “(4) The term “proprietary institution of higher education” has the meaning given that term in section 102(b) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)).”
added
Effective date— The amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act.
Sec. 561 Family readiness: definitions; communication strategy; report
changed
Definitions— Not later than six 6 months after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall define the terms “military family readiness” and “military family resiliency”.
changed
Communication strategy— Not later than one 1 year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall establish and implement a strategy regarding communication with military families. The strategy shall include the following:
The use of a variety of modes of communication to ensure the broadest means of communicating with military families.
Updating an existing annual standardized survey that assesses military family readiness to address the following issues:
Communication with beneficiaries.
Child care.
Education,
Spousal employment.
The Exceptional Family Member Program.
Financial literacy.
Financial stress.
Health care (including copayments, network adequacy, and the availability of appointments with health care providers).
Report— Not later than 180 days after the date of the enactment of the Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the feasibility of implementing the recommendations in—
chapter 3 of the report of the Inspector General of the Department of Defense for fiscal year 2020, “Ensuring Wellness and Wellbeing of Service-Members and their Families”; and
the report, dated July 2019, of the National Academies of Science, Engineering and Medicine, titled “Strengthening the Military Family Readiness System for a Changing American Society”.
Sec. 562 Support services for members of special operations forces and immediate family members
In general— Section 1788a of title 10, United States Code, is amended—
changed
in by striking the heading—heading and inserting “Support programs: special operations forces personnel; immediate family members”;
removed
by striking “Family support” and inserting “Support”;
removed
by striking “immediate family members of”; and
removed
by adding “; immediate family members” at the end;
changed
in subsection (a), by striking “for the immediate family members of members of the armed forces assigned to special operations forces”;(a)—
added
by inserting “(1)” before “Consistent”;
added
by striking “for the immediate family members of members of the armed forces assigned to special operations forces”; and
added
by adding at the end the following:
added “(2) The Commander may enter into an agreement with a nonprofit entity to provide family support services.”
changed
in subsection (b)(1)—(b)(1), by striking “the immediate family members of members of the armed forces assigned to special operations forces” and inserting “covered individuals”;
removed
by striking “the immediate family members”; and
removed
by inserting “and the immediate family members of such members” before the semicolon;
in subsection (d)(2)—
changed
in subparagraph (A)—(A), by striking “family members of members of the armed forces assigned to special operations forces” and inserting “covered individuals”; and
removed
by striking “family members of”; and
removed
by inserting “and immediate family members of such members” before the period;
changed
in subparagraph (B)—(B), by striking “family members of members of the armed forces assigned to special operations forces” and inserting “covered individuals”; and
removed
by striking “and on family members of” and inserting a comma; and
removed
by inserting “, and immediate family members of such members” before the period; and
in subsection (e)(4)—
by inserting “psychological support, spiritual support, and” before “costs”;
changed
by striking “immediate family members of”;of members of the armed forces assigned to special operations forces” and inserting “covered personnel”; and
changed
by inserting “(including adding at the reserve components)” after “members of end the armed forces”; andfollowing:
added “(5) The term “covered personnel” means—
added “(A) members of the Armed Forces (including the reserve components) assigned to special operations forces;
added “(B) support service personnel assigned to special operations;
added “(C) individuals separated or retired from service described in subparagraph (A) or (B) for not more than three years; and
added “(D) immediate family members of individuals described in subparagraphs (A) through (C).”
removed
by inserting “, and immediate family members of such members,” before “while”.
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:
Sec. 563 Authority to provide financial assistance to certain in-home child care providers for members of the Armed Forces and survivors of members who die in combat in the line of duty
Authority— Section 1798 of title 10, United States Code, is amended—
in subsection (a), in the matter preceding paragraph (1), by inserting “, or to an in-home child care provider,” after “youth program services”;
by redesignating subsection (c) as subsection (d); and
by inserting after subsection (b) the following new subsection (c):
changed
“(c) Eligible in-home in-Home child care providers—The Secretary may determine that an in-home child care provider is eligible for financial assistance under this section.”
changed
In-home In-Home child care provider defined— Section 1800 of such title is amended by adding at the end the following:
“(5) The term “in-home child care provider” means an individual (including a nanny, babysitter, or au pair) who provides child care services in the home of the child.”
Regulations— Not later than July 1, 2021, the Secretary of Defense shall prescribe regulations that establish eligibility requirements and amounts of financial assistance for an in-home child care provider under subsection (c) of section 1798 of title 10, United States Code, as amended by subsection (a).
Sec. 565 Child care
changed
24-hour 24-Hour child care— If the Secretary of Defense determines it feasible, the Secretary shall furnish child care to each child of a member of the Armed Forces or employee of the Department of Defense while that member or employee works on rotating shifts at a military installation.
changed
Metrics— Not later than six 6 months after the date of the enactment of this Act, the Secretary of Defense shall develop and implement metrics to evaluate the effectiveness of the child care priority system of the Department of Defense, including—
the speed of placement for children of members of the Armed Forces on active duty;
the type of child care offered;
available spaces in such system, if any; and
other metrics to monitor the child care priority system determined by the Secretary.
Report— Not later than 180 days after the date of the enactment of the Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the results of a study that evaluates—
the sufficiency of the stipend furnished by the Secretary to members of the Armed Forces for civilian child care; and
whether the amount of such stipend should be based on—
cost of living in the applicable locale; and
the capacity of licensed civilian child care providers in the local market.
Sec. 568 Comptroller General of the United States report on the structural condition of Department of Defense Education Activity schools
changed
Report required— Not later than one 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the congressional defense committees a report setting forth an assessment by the Comptroller General of the structural condition of schools of the Department of Defense Education Activity, both within the continental United States (CONUS) and outside the continental United States (OCONUS).
Virtual schools— The report shall include an assessment of the virtual infrastructure or other means by which students attend Department of Defense Education Activity schools that have no physical structure, including the satisfaction of the military families concerned with such infrastructure or other means.
Sec. 569 Pilot program to expand eligibility for enrollment at domestic dependent elementary and secondary schools
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.
Purposes— The purposes of the pilot program under this section are—
to evaluate the feasibility and advisability of expanding enrollment in covered DODEA schools; and
to determine how increased access to such schools will affect military and family readiness.
changed
Enrollment on space-available 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.
Locations— The Secretary of Defense shall carry out the pilot program under this section at not more than four military installations at which covered DODEA schools are located. The Secretary shall select military installations for participation in the program based on—
the readiness needs of the Secretary of a the military department concerned; and
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.
changed
Termination— The authority to carry out the pilot program under this section shall terminate four 4 years after the date of the enactment of this Act.
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—
has been established on or before the date of the enactment of this Act; and
is located in the continental United States.
Sec. 569A Continued assistance to schools with significant numbers of military dependent students
removed
removed
Assistance to schools with significant numbers of military dependent students— Of the amount authorized to be appropriated for fiscal year 2021 in division D of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301 of this Act, $40,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).
removed
Impact aid for children with severe disabilities— Of the amount authorized to be appropriated for fiscal year 2021 in division D of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301 of this Act, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 20 U.S.C. 7703a).
removed
Local educational agency defined— In this section, the term “local educational agency” has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
Sec. 569B Standardization of the Exceptional Family Member Program
removed
removed
Policy— Not later than six months after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall, to the extent practicable, standardize the Exceptional Family Member Program (in this section referred to as the “EFMP”) across the military departments.
removed
Elements— The EFMP, standardized under subsection (a), shall include the following:
removed
Processes for the identification and enrollment of dependents of covered members with special needs.
removed
A process for the permanent change of orders for covered members, to ensure seamless continuity of services at the new permanent duty station.
removed
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.
removed
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.
removed
Outcomes and metrics to evaluate the EFMP.
removed
A requirement that the Secretary of each military department provide a dedicated EFMP attorney, who specializes in education law, at each military installation—
removed
the Secretary determines is a primary receiving installation for military families with special needs; and
removed
in a State that the Secretary determines has historically not supported families enrolled in the EFMP.
removed
The option for a family enrolled in the EFMP to continue to receive all services under that program and the bachelor allowance for housing if—
removed
the covered member receives a new permanent duty station; and
removed
the covered member and family elect for the family not to relocate with the covered member.
removed
A process to discuss policy challenges and opportunities, best practices adopted across the covered Armed Forces, a forum period for discussion with members of military families with special needs, and other matters the Secretary of Defense determines appropriate.
removed
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:
removed
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.
removed
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).
removed
Report— Not later than 180 days after the date of the enactment of the Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of the items identified under subsections (a), (b), and (c), including any recommendations of the Secretary regarding legislation.
removed
GAO Report— Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on—
removed
whether military families have higher rates of disputes and loss of free and appropriate public education under section 504 of the Rehabilitation Act of 1973 (Public Law 93–112; 29 U.S.C. 794) than civilian counterparts; and
removed
an analysis of the number of due process hearings that were filed by school districts against children of members of the Armed Forces.
removed
Definitions— In this section:
removed
The term “covered Armed Force” means an Armed Force under the jurisdiction of the Secretary of a military department.
removed
The term “covered member” means a member—
removed
of a covered Armed Force; and
removed
with a dependent with special needs.
Sec. 570 Continued assistance to schools with significant numbers of military dependent students
added
added
Assistance to schools with significant numbers of military dependent students— Of the amount authorized to be appropriated for fiscal year 2021 in division D of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301 of this Act, $40,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).
added
Impact aid for children with severe disabilities— Of the amount authorized to be appropriated for fiscal year 2021 in division D of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301 of this Act, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 20 U.S.C. 7703a).
added
Local educational agency defined— In this section, the term “local educational agency” has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
Sec. 570A Standardization of the Exceptional Family Member Program
added
added
Policy— Not later than 6 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.
added
Elements— The EFMP, standardized under subsection (a), shall include the following:
added
Processes for the identification and enrollment of dependents of covered members with special needs.
added
A process for the permanent change of orders for covered members, to ensure seamless continuity of services at the new permanent duty station.
added
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.
added
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.
added
Outcomes and metrics to evaluate the EFMP.
added
A requirement that the Secretary of each military department provide a dedicated EFMP attorney, who specializes in education law, at each military installation—
added
the Secretary determines is a primary receiving installation for military families with special needs; and
added
in a State that the Secretary determines has historically not supported families enrolled in the EFMP.
added
The option for a family enrolled in the EFMP to continue to receive all services under that program and the bachelor allowance for housing if—
added
the covered member receives a new permanent duty station; and
added
the covered member and family elect for the family not to relocate with the covered member.
added
A process to discuss policy challenges and opportunities, best practices adopted across the covered Armed Forces, a forum period for discussion with members of military families with special needs, and other matters the Secretary of Defense determines appropriate.
added
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:
added
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.
added
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).
added
Report— Not later than 180 days after the date of the enactment of the Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of the items identified under subsections (a), (b), and (c), including any recommendations of the Secretary regarding legislation.
added
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 Committees on Armed Services of the Senate and the House of Representatives a report on—
added
whether military families have higher rates of disputes and loss of free and appropriate public education under section 504 of the Rehabilitation Act of 1973 (Public Law 93–112; 29 U.S.C. 794) than civilian counterparts; and
added
an analysis of the number of due process hearings that were filed by school districts against children of members of the Armed Forces.
added
Definitions— In this section:
added
The term “covered Armed Force” means an Armed Force under the jurisdiction of the Secretary of a military department.
added
The term “covered member” means a member—
added
of a covered Armed Force; and
added
with a dependent with special needs.
Sec. 570B Training program regarding foreign disinformation campaigns
added
added
Establishment— Not later than September 30, 2021, the Secretary of Defense shall establish a program for training members of the Armed Forces and employees of the Department of Defense regarding the threat of foreign disinformation campaigns specifically targeted at such individuals and the families of such individuals.
added
Report required— Not later than October 30, 2021, the Secretary of Defense shall submit a report to the congressional defense committees regarding the program under subsection (a).
Sec. 570C Reopening of child care facilities of the Engineer Research and Development Center
addedadded The Secretary of the Army shall reopen all child care facilities of the Engineer Research and Development Center that were closed during fiscal year 2020.
Sec. 570D Improvements to partner criteria of the Military Spouse Employment Partnership Program
added
added
Evaluation; updates— Not later than 160 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 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 shall expand the number of the following entities that meet such criteria:
added
Institutions of primary, secondary, and higher education.
added
Software and coding companies.
added
Local small businesses.
added
Companies that employ telework.
added
New partnerships— Upon completion of the evaluation under subsection (a), the Secretary, in cooperation 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).
added
Review; report— Not later than 1 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:
added
Military spouse employment rates related to types of entities described in subsection (a).
added
Application rates, website clicks, and other basic metrics that measure the interest level of military spouses in types of entities described in subsection (a).
added
Recommendations for increasing military spouse employment opportunities in the types of entities described in subsection (a).
Sec. 571 Diversity and inclusion reporting requirements
Standard diversity metrics and annual reporting requirement— Section 113 of title 10, United States Code is amended—
in subsection (c)—
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
by inserting after paragraph (1), the following new paragraph (2):
“(2) a report from each military department on the goals, barriers, and status of diversity and inclusion of that military department;”
in subsection (g)(1)(B), by inserting after clause (vi), the following new clause (vii):
“(vii) Strategic metrics and benchmarks evaluating how the officer and enlisted corps reflects the eligible United States population across all armed forces and ranks.”
by redesignating subsections (m) and (n) as subsections (n) and (o), respectively; and
by inserting after subsection (k), the following new subsections (l) and (m):
“(l)
“(1) The Secretary of Defense shall establish and maintain a standard set of strategic metrics and benchmarks toward objectives of:
“(A) an officer and enlisted corps that reflects the eligible U.S. population across all armed forces and ranks; and
“(B) a military force that is able to prevail in its wars, prevent and deter conflict, defeat adversaries and succeed in a wide range of contingencies, and preserve and enhance the all-volunteer force.
“(2) In implementing the requirement in paragraph (1), the Secretary shall—
“(A) establish a universal data collection system to ensure comparability across each military department;
“(B) establish standard definitions of demographic groups, a common methodology, and a common reporting structure across each military department;
“(C) conduct annual barrier analyses to review demographic diversity patterns across the military life cycle, starting with accessions; and
“(D) each year meet with the Secretaries of the military departments, the Chiefs of Staff of the armed forces, and the Chairman of the Joint Chiefs of Staff to assess progress towards the objective under paragraph (1) and establish recommendations to meet such objective.
“(m) The Secretary shall include in each national defense strategy under subsection (g)—
“(1) the demographics, disaggregated by grade, ethnicity, race, gender, and military occupational specialty, for—
“(A) accession into the armed forces;
“(B) the enlisted corps;
“(C) the commissioned officers;
“(D) graduates of the military service academies;
“(E) the rate of promotion in the promotion zone;
“(F) the rate of promotion below the zone for promotion;
“(G) the rates of retention;
“(H) command selection;
“(I) special assignments;
“(J) career broadening assignments;
“(K) aides to general officers and flag officers; and
“(L) any other matter the Secretary determines appropriate;
“(2) an analysis of assignment patterns by ethnicity, race, and gender;
“(3) an analysis of attitudinal survey data by ethnicity, race, and gender;
“(4) an assessment of the available pool of qualified of Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, Alaska Native and female candidates for pay grades O–9 and O–10;
“(5) identification of persistent, group-specific deviations from overall averages and plans to investigate underlying causes; and
“(6) summaries of progress made on previous actions.”
National Guard diversity reporting— Section 10504 of title 10, United States Code is amended by adding at the end the following new subsection (d):
“(d) Report on diversity and inclusion
“(1) In general—Not less than once every four years, the Chief of the National Guard Bureau shall report in writing to the Secretary of Defense and the Congress on the status of diversity in each State, Territory, and the District of Columbia for all ranks of the Army and Air National Guard.
“(2) Elements—Each report under paragraph (1) shall include—
“(A) the demographics, disaggregated by State, grade, ethnicity, race, gender, and military occupational specialty, for—
“(i) accession into the National Guard;
“(ii) the enlisted corps;
“(iii) the commissioned officers;
“(iv) the rate of promotion in the promotion zone;
“(v) the rate of promotion below the zone for promotion;
“(vi) the rates of retention;
“(vii) command selection;
“(viii) special assignments;
“(ix) career broadening assignments;
“(x) aides to a general officer; and
“(xi) any other matter the Chief of the National Guard Bureau determines appropriate;
“(B) an analysis of assignment patterns by ethnicity, race, and gender;
“(C) an analysis of attitudinal survey data by ethnicity, race, and gender;
“(D) an assessment of the available pool of qualified of Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, Alaska Native and female candidates for pay grades O–9 and O–10;
“(E) identification of persistent, group-specific deviations from overall averages and plans to investigate underlying causes; and
“(F) summaries of progress made on previous actions.
“(3) Public availability—The Chief of the National Guard Bureau shall—
“(A) publish on an appropriate publicly available website of the National Guard the reports required under paragraph (1); and
“(B) ensure that any data included with the report is made available in a machine-readable format that is downloadable, searchable, and sortable.”
Coast Guard diversity reporting— Section 5101 of title 14, United States Code is amended—
in subsection (b)—
by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
by inserting after paragraph (1), the following new paragraph (2):
“(2) the goals, barriers, and status of diversity and inclusion;”
by adding at the end the following new subsection (c):
changed
“(c) Not less than once every four 4 years, the Secretary shall include in the annual request under subsection (a)—
“(1) the demographics, disaggregated by grade, ethnicity, race, gender, and military occupational specialty, for—
“(A) accession into the Coast Guard;
“(B) the enlisted corps;
“(C) the commissioned officers;
“(D) graduates of the Coast Guard Academy;
“(E) the rate of promotion in the promotion zone;
“(F) the rate of promotion below the zone for promotion;
“(G) the rates of retention;
“(H) command selection;
“(I) special assignments;
“(J) career broadening assignments;
“(K) aides to a flag officer; and
“(L) any other matter the Secretary determines appropriate;
“(2) an analysis of assignment patterns by ethnicity, race, and gender;
“(3) an analysis of attitudinal survey data by ethnicity, race, and gender;
“(4) an assessment of the available pool of qualified of Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, Alaska Native and female candidates for pay grades O–9 and O–10;
“(5) identification of persistent, group-specific deviations from overall averages and plans to investigate underlying causes; and
“(6) summaries of progress made on previous actions.”
changed
Requirement to To Consider Minority Officers for O–9 and O–10 Grades—
Army, Navy, Air Force, Marine Corps, and Space Force— Section 601 of title 10, United States Code is amended by adding at the end the following new subsections:
“(e) The Chairman of the Joint Chiefs of Staff shall consider all Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, Alaska Native and female candidates prior to recommending to the President an initial appointment to the grade of lieutenant general or vice admiral, or an initial appointment to the grade of general or admiral.
“(f) When seeking the advice and consent of the Senate under subsection (a), the President shall submit to the Committee on Armed Services of the Senate a certification that—
“(1) all Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, Alaska Native and female candidates were considered for appointment; and
“(2)
“(A) none of the candidates under subparagraph (A) met the qualifications needed by an officer serving in that position or office to carry out effectively the duties and responsibilities of that position or office; or
“(B) the officers in the positions designated under subsection (a) represent the diversity of the armed forces to the extent practicable.”
Coast Guard— Section 305(a) of title 14, United States Code, is amended by adding at the end the following new paragraphs:
“(4) The Commandant shall consider all Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, Alaska Native and female candidates prior to recommending to the President an initial appointment to the grade of vice admiral, or an initial appointment to the grade of admiral.
“(5) When seeking the advice and consent of the Senate under subsection (a), the President shall submit to the committee of the Senate with jurisdiction over the department in which the Coast Guard is operating a certification that—
“(A) all Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, Alaska Native and female candidates were considered for appointment; and
“(B)
“(i) none of the candidates under subparagraph (A) met the qualifications needed by an officer serving in that position or office to carry out effectively the duties and responsibilities of that position or office; or
“(ii) the officers in the positions designated under subsection (a) represent the diversity of the armed forces to the extent practicable.”
Sec. 572 Establishment of Diversity and Inclusion Advisory Council of the Department of Defense
Establishment— Chapter 7 of title 10, United States Code, is amended by inserting before section 187 the following:
“186. Diversity and Inclusion Advisory Council
“(a) Establishment—The Secretary of the Department of Defense (referred to in this section as the “Secretary”) shall establish a council to be known as the “Diversity and Inclusion Advisory Council of the Department of Defense” (referred to in this section as the “Council”).
“(b) Duties—The Council shall provide advice and recommendations to the Secretary on matters concerning diversity and inclusion in the Department of Defense, relating to the following:
“(1) Aligning diversity and inclusion with the strategic goals of the Department of Defense.
“(2) Conducting strategic outreach efforts to identify, attract, and recruit individuals that represent the demographic diversity of the United States.
“(3) Developing, mentoring, and retaining a diverse and inclusive Armed Forces.
“(4) Encouraging leadership development through diversity and inclusion practices and processes.
“(c) Membership
“(1) In general—The Council shall be composed of not fewer than 22 members, including the Federal officials and officers specified in paragraph (2), and not fewer than 12 members appointed by the Secretary from nongovernmental positions described in paragraph (3).
“(2) Federal officials and officers—The Federal officials and officers specified in this paragraph are the following:
“(A) The Chief Diversity Officer of the Department of Defense.
“(B) The Under Secretary of Defense for Personnel and Readiness.
“(C) The Chief of Staff of the Army.
“(D) The Chief of Naval Operations.
“(E) The Chief of Staff of the Air Force.
“(F) The Chief of Space Operations.
“(G) The Chief of Staff of the Air Force.
“(H) The Commandant of the Marine Corps.
“(I) The Commandant of the Coast Guard.
“(J) The Chief of the National Guard Bureau.
“(3) Nongovernmental positions—Nongovernmental positions described in this paragraph are the following:
“(A) Five presidents or chancellors of institutions of higher education, including private and public institutions representing diverse areas of the United States.
“(B) Senior leaders of the defense industries of the United States.
“(C) Senior leaders of veterans or military service organizations.
“(D) Veterans (as defined in section 101 of title 38).
“(E) Others determined appropriate by the Secretary.
changed
“(4) Timing of appointments—Appointments to the Council shall be made not later than for four months after the date of the enactment of this Act.
“(5) Terms
“(A) In general—Each member shall be appointed for a term of two years.
“(B) Vacancies—Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that term until a successor has been appointed.
“(6) Chairperson and Vice Chairperson
“(A) Chairperson—The Chairperson of the Council shall be the Chief Diversity Officer of the Department of Defense.
“(B) Vice Chairperson—The Vice Chairperson shall be designated by the Secretary at the time of the appointment of the members pursuant to paragraph (4), and when a vacancy of the Vice Chairperson occurs, as the case may be.
“(d) Meeting
“(1) Meetings—The Council shall meet not fewer than four times each year at the call of the Chairperson or Vice Chairperson.
“(2) Quorum—Twelve members of the Council, including six appointed under subsection (c)(2) and six appointed under subsection (c)(3), shall constitute a quorum.
“(e) Compensation
“(1) Prohibition on compensation—Except as provided in paragraph (2), members of the Council may not receive additional pay, allowances, or benefits by reason of their service on the Council.
“(2) Travel expenses—Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5.
“(f) Administrative support services—Upon the request of the Council, the Secretary shall provide to the Council, on a reimbursable basis, the administrative support services necessary for the Council to carry out its responsibilities under this Act.
“(g) Reports—Not later than 180 days after the date on which the Council holds its initial meeting under subsection (d) and annually thereafter, the Council shall submit to the congressional defense committees a report containing a detailed statement of the advice and recommendations of the Council pursuant to subsection (b).”
Clerical amendment— The table of sections at the beginning of chapter 7 of title 10, United States Code, is amended by inserting before the item relating to section 187 the following:
Sec. 573 Establishment of Special Inspector General for Racial and Ethnic Disparities in the Armed Forces; amendments to Inspector General Act
Special Inspector General for Racial and Ethnic Disparities in the Armed Forces—
Purposes— The purposes of this section are the following:
To provide for the independent and objective conduct and supervision of audits and investigations relating to racial and ethnic disparities in military personnel and military justice systems, and white supremacy among military personnel.
To provide recommendations to the Secretary of Defense and to Congress on actions necessary to eliminate racial and ethnic disparities in military personnel and military justice systems.
Office of Inspector General— To carry out the purposes of paragraph (1), there is hereby established, in the Department of Defense, the Office of the Special Inspector General for Racial and Ethnic Disparities in the Armed Forces.
Appointment of Inspector General—
Nomination; appointment— The head of the Office of the Special Inspector General for Racial and Ethnic Disparities is the Special Inspector General for Racial and Ethnic Disparities (in this section referred to as the “Inspector General”), who shall be appointed by the President, by and with the advice and consent of the Senate.
Qualifications— The appointment of the Inspector General shall be made solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations.
Deadline for nomination— The nomination of an individual as Inspector General shall be made not later than 90 days after the date of the enactment of this Act.
Compensation— The annual rate of basic pay of the Inspector General shall be the annual rate of basic pay provided for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code.
Prohibition on political activities— For purposes of section 7324 of title 5, United States Code, the Inspector General shall not be considered an employee who determines policies to be pursued by the United States in the nationwide administration of Federal law.
Removal— The Inspector General shall be removable from office in accordance with the provisions of section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.).
Assistant Inspectors General— The Inspector General shall, in accordance with applicable laws and regulations governing the civil service, appoint an Assistant Inspector General for Military Justice who shall have the responsibility for auditing and investigation activities relating to racial and ethnic disparities within the military justice system.
Supervision—
In general— Except as provided in subparagraph (B), the Inspector General shall report directly to, and be under the general supervision of the Secretary of Defense.
Independence to conduct investigations and audits— No officer of the Department of Defense shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation related to racial and ethnic disparities or from issuing any subpoena during the course of any such audit or investigation.
Duties—
Oversight of military justice— It shall be the duty of the Inspector General to conduct, supervise, and coordinate audits and investigations of—
the effect of military justice policies and practices on racial and ethnic disparities, including overrepresentation of minorities in actions related to investigations, courts-martial, nonjudicial punishments, and other military justice actions as determined by the Inspector General;
the effect of military personnel policies and practices, including recruiting, accessions, and promotions, on racial and ethnic disparities, including underrepresentation of minorities among members of the Armed Forces under the jurisdiction of the Secretary of a military department in grades above E–7;
the scope and efficacy of existing diversity and inclusion offices and programs within the Department of Defense; and
white supremacist activities among military personnel and any other issues, determined by the Inspector General, necessary to address racial and ethnic disparities within the Armed Forces under the jurisdiction of the Secretary of a military department.
Other duties related to oversight— The Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Inspector General considers appropriate to discharge the duties under subparagraph (A).
Duties and responsibilities under Inspector General Act of 1978— In addition to the duties specified in subparagraphs (A) and (B), the Inspector General shall also have the duties and responsibilities of inspectors general under the Inspector General Act of 1978.
Coordination of efforts— In carrying out the duties, responsibilities, and authorities of the Inspector General under this section, the Inspector General shall coordinate with, and receive the cooperation of each of the following:
The Inspector General of the Department of Defense.
The Inspector General of the Army.
The Inspector General of the Navy.
The Inspector General of the Air Force.
Powers and authorities—
Authorities under Inspector General Act of 1978— In carrying out the duties specified in paragraph (6), the Inspector General shall have the authorities provided in section 6 of the Inspector General Act of 1978.
Audit standards— The Inspector General shall carry out the duties specified in paragraph (6)(A) in accordance with section 4(b)(1) of the Inspector General Act of 1978.
Personnel, facilities, and other resources—
Personnel— The Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Inspector General, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates.
Employment of experts and consultants— The Inspector General may obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS–15 of the General Schedule by section 5332 of such title.
Contracting authority— To the extent and in such amounts as may be provided in advance by appropriations Acts, the Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Inspector General.
Resources— The Secretary of Defense, as appropriate, shall provide the Inspector General with appropriate and adequate office space at appropriate locations of the Department of Defense, together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices, and shall provide necessary maintenance services for such offices and the equipment and facilities located therein.
Assistance from Federal agencies—
In general— Upon request of the Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Inspector General, or an authorized designee.
Reporting of refused assistance— Whenever information or assistance requested by the Inspector General is, in the judgment of the Inspector General, unreasonably refused or not provided, the Inspector General shall report the circumstances to the Secretary of Defense, as appropriate, and to the appropriate congressional committees without delay.
Reports—
Quarterly reports— Not later than 30 days after the end of each fiscal-year quarter, the Inspector General shall submit quarterly reports to the Secretary of Defense and the congressional defense committees summarizing the activities of the Inspector General for the previous quarter.
changed
Annual reports— The Inspector General shall submit annual reports to the Secretary of Defense and the congressional defense committees presenting recommendations for changes to policy, practice, regulation, and statute to eliminate disparities within the military personnel and military justice systems and to eliminate white supremacist activities among military personnel.personnel. Each such report shall include an accounting and detailing of every incident of white supremacist activity documented in the Department of Defense.
Occasional reports— The Inspector General shall, from time to time, submit additional reports containing findings and recommendations at the discretion of the Inspector General.
changed
Online publication— The Inspector General shall publish each report under this paragraph on a publicly available website not later than seven 7 days after submission to the Secretary of Defense and the congressional defense committees.
Funding— This section shall be carried out using not more than $10,000,000 of funds authorized to be appropriated in this Act for Operation and Maintenance, Defense-wide, and no additional amounts are authorized to be appropriated to carry out this section.
Amendments to the Inspector General Act— The Inspector General Act of 1978 (5 U.S.C. App.) is amended—
in section 3(b)—
by inserting “(1)” before “An Inspector General”;
by inserting after the first sentence the following: “An Inspector General may only be removed by the President before the expiration of the term of the Inspector General for permanent incapacity, neglect of duty, malfeasance, conviction of a felony or conduct involving moral turpitude, knowing violation of a law, gross mismanagement, gross waste of funds, or abuse of authority.”; and
by adding at the end the following new paragraphs:
“(2) If an Inspector General is removed by the President under paragraph (1) fewer than 30 days after the President has communicated in writing the reasons for such removal pursuant to paragraph (1), the Inspector General shall submit to the Council of the Inspectors General on Integrity and Efficiency a report that includes the following information:
“(A) A description of the facts and circumstances of each investigation involving a senior government employee (as defined in section 5 of this Act) being conducted by that Inspector General at the time of such removal.
“(B) Any other matter that the Inspector General determines to include.
“(3) Any individual serving as the head of an Office of Inspector General, after the removal of an Inspector General under paragraph (1), shall issue to the Council of the Inspectors General on Integrity and Efficiency a report identifying any instances in which an investigation or matter described in paragraph (2) is closed prior to its completion, with a description of the reasons for closing the investigation or matter.”
in section 8G(e), by adding at the end the following new paragraph:
“(3) In the event of the removal of an Inspector General, the Council of the Inspectors General on Integrity and Efficiency shall—
“(A) investigate the reasons for removal provided by the President;
“(B) publish a report including the determination of the Council whether the reasons described in subparagraph (A) are in accordance with the relevant provisions relating to for cause removal;
“(C) review any investigation that was being conducted by the Inspector General at the time of such removal; and
“(D) submit, to the congressional committees the Council determine to be relevant, a report that includes the determination of the Council whether an investigation described in subparagraph (C) motivated such removal.”
Sec. 574 Questions regarding racism, anti-Semitism, and supremacism in workplace surveys administered by the Secretary of Defense
changed Section 593 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended, in paragraph (1), by inserting “, racist, xenophobic, anti-Semitic, or supremacist” after “extremist”.
Sec. 576 Plans to increase female and minority representation in the Armed Forces
changed
Plans required— The Secretary of Defense and each Secretary of a military department shall develop plans to increase, with respect to female and minority members of the Armed Forces and cadets or midshipmen under the jurisdiction of that Secretary, the following:
Recruitment.
Retention.
Representation in grades above E–7.
Elements— Each plan developed under this section shall include clearly defined goals, performance measures, and timeframes.
changed
Goals— A goal under subsection (b) shall be to exceed, by not less than 100 percent, the rate at which the number of members described in subsection (a)(3) increased during the five 5 years immediately preceding the date of the enactment of this Act.
Submittal— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and each Secretary of a military department shall submit to the committees on Armed Services of the Senate and the House of Representatives a copy of each plan developed under this section by that Secretary.
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Report— Three months after submitting a plan under subsection (d) and quarterly thereafter for five 5 years, the Secretary of Defense and each Secretary of a military department shall submit to the committees on Armed Services of the Senate and the House of Representatives a report indicating the number of female and minority members in grades above E–7 in each Armed Force under the jurisdiction of that Secretary.
Sec. 577 Evaluation of barriers to minority participation in certain units of the Armed Forces
Study required—
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.
Elements— The evaluation required under paragraph (1) shall include the following elements:
A description of the racial, ethnic, and gender composition of covered units.
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.
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.
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An identification of barriers to minority (including English language learners) participation in the recruitment, accession, assessment, and training processes.
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.
Recommendations to increase the numbers of minority officers in the Armed Forces.
Recommendations to increase minority participation in covered units.
Any other matters the Secretary determines appropriate.
Report to Congress— The Secretary shall—
submit to the congressional defense committees a report on the results of the study by not later than January 1, 2022; and
provide interim briefings to such committees upon request.
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”.
Implementation required—
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).
Exceptions—
Delayed implementation— The Secretary of Defense may commence implementation of a recommendation described paragraph (1) later than March 1, 2023, if—
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
includes, as part of such notice, a specific justification for the delay in implementing the recommendation.
Nonimplementation— The Secretary of Defense may elect not to implement a recommendation described in paragraph (1), if—
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
includes, as part of such notice—
the reasons for the Secretary’s decision not to implement the recommendation; and
a summary of alternative actions the Secretary will carry out to address the purposes underlying the recommendation.
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 summary of actions the Secretary has carried out, or intends to carry out, to implement the recommendation; and
a schedule, with specific milestones, for completing the implementation of the recommendation.
Covered units defined— In this section, the term “covered units” means the following:
Army Special Forces.
Army Rangers.
Navy SEALs.
Air Force Combat Control Teams.
Air Force Pararescue.
Air Force Special Reconnaissance.
Marine Raider Regiments.
Marine Corps Force Reconnaissance.
Coast Guard Maritime Security Response Team.
Any other forces designated by the Secretary of Defense as special operations forces.
Pilot and navigator military occupational specialties.
Sec. 578 Report to Congress on efforts to increase diversity and representation in film, television, and publishing
added
added
Promulgation of policy— The Secretary of Defense and each Secretary of a military department shall promulgate a policy to promote, to the maximum extent possible, the depiction of marginalized communities in projects with the film, television, and publishing industries carried out through the respective offices of public affairs.
added
Consideration of depiction of certain communities— The Secretary of Defense and each Secretary of a military department shall consider the promotion of a marginalized community as an affirmative factor in any decision to provide assistance to a production studio or publishing company through the respective offices of public affairs.
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Report to Congress— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with each Secretary of a military department, shall submit to the congressional defense committees a report on—
added
the policies promulgated under subsection (a); and
added
the activities carried out by the Secretary of Defense and each such Secretary of a military department pursuant to such subsection.
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Definition of marginalized community— In this section, the term “marginalized community” means a community—
added
that is (or historically was) under-represented in the film, television, and publishing industries, including—
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women;
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racial and ethnic minorities;
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individuals with disabilities;
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members of the LGBTQ community;
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individuals of all ages; and
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other individuals from under-represented communities; and
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whose members have served in the Armed Forces.
Sec. 579 Plan to improve responses to pregnancy and childbirth by members of the Armed Forces and employees of the Department of Defense
added
added
Plan required— The Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop a plan to ensure that the career of a covered individual is not unduly affected because of being a covered individual. The plan shall address the following policy considerations:
added
Enforcement and implementation of the Pregnancy Discrimination Act (Public Law 95–555; 42 U.S.C. 2000e(k)) by the Department of Defense and the Equal Employment Opportunity Commission with regards to civilian employees of the Department of Defense.
added
The need for individual determinations regarding the ability of members of the Armed Forces to serve during and after pregnancy.
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Responses to the effects specific to covered individuals who reintegrate into home life after deployment.
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Pregnancy discrimination training, including comprehensive education of new policies to diminish stigma, stereotypes, and negative perceptions regarding covered individuals, including with regards to commitment to the Armed Forces and abilities.
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Opportunities to maintain readiness when positions are unfilled due to pregnancy, medical conditions arising from pregnancy or childbirth, pregnancy convalescence, or parental leave.
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Reasonable accommodations for covered individuals in general and specific accommodations based on career field or military occupational specialty.
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Reissuing school enrollments or special assignments to covered individuals.
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Extended assignments and performance reporting periods for covered individuals.
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A mechanism by which covered individuals may report harassment or discrimination, including retaliation, relating to being a covered individual.
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Report on plan— Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report detailing the plan required under this section and a strategy to implement the plan.
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Implementation— Not later than 2 years after the date of the enactment of this Act, the Secretary of Defense shall—
added
complete implementation of the plan under this section; and
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submit to the congressional defense committees a report detailing the research performed, considerations, and policy changes implemented under this section.
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Covered individual defined— In this section, the term “covered individual” means a member of the Armed Forces or employee of the Department of Defense who—
added
is pregnant;
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gives birth to a child; or
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incurs a medical condition arising from pregnancy or childbirth.
Sec. 583 Eligibility of veterans of Operation End Sweep for Vietnam Service Medal
addedadded The Secretary of the military department concerned may, upon the application of an individual who is a veteran who participated in Operation End Sweep, award that individual the Vietnam Service Medal.
Sec. 595 Sense of Congress regarding advertising recruiting efforts
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It is the Sense sense of Congress that the Chiefs of the Armed Forces, in coordination with the Recruiting Commands of the Armed Forces, should give all due consideration to the use of local broadcasting and traditional news publishers when advertising.
Sec. 596 Study on financial impacts of COVID–19 on members of the Armed Forces and best practices to prevent future financial hardships
added
added
Study— The Secretary of Defense shall conduct a study on the financial hardships experienced by members of the Armed Forces (including the reserve components) as a result of the COVID–19 pandemic.
added
Elements— The study shall—
added
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;
added
recommend best practices to provide assistance for members of the Armed Forces experiencing the financial hardships listed in paragraph (1); and
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identify actions that can be taken by the Secretary to prevent financial hardships listed in paragraph (1) from occurring in the future.
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Consultation and coordination— For the purposes of the study, the Secretary shall—
added
consult with the Director of the Consumer Financial Protection Bureau; and
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with respect to members of the Coast Guard, coordinate with the Secretary of Homeland Security.
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Submission— Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the study under subsection (a).
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Definitions— In this section—
added
the term “financial hardship” means a loss of income or an unforeseen expense as a result of closures and changes in operations in response to the COVID–19 pandemic; and
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the term “appropriate congressional committees” means the Committees on Armed Services of the Senate and House of Representatives.
Sec. 597 Sense of Congress honoring the Dover Air Force Base, Delaware, home to the 436th airlift wing, the 512th airlift wing, and the Charles C. Carson Center for mortuary affairs
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added
Findings— Congress find the following:
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The Dover Air Force Base is home more than 4,000 active-duty military and civilian employees tasked with defending the United States of America.
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The Dover Air Force Base supports the mission of the th Airlift Wing, known as “Eagle Wing” and the 512th Airlift Wing, known as Liberty Wing.
added
The “Eagle Wing” serves as a unit of the Eighteenth Air Force headquartered with the Air Mobility Command at Scott Air Force Base in Illinois.
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The “Eagle Wing” flies hundreds of missions throughout the world and provides a quarter of the United States’ strategic airlift capability and boasts a global reach to over 100 countries around the world.
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The Dover Air Force Base houses incredible aircrafts utilized by the United States Air Force, including the C-5M Super Galaxy and C-17A Globemaster III aircraft.
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The Dover Air Force Base operates the largest and busiest air freight terminal in the Department of Defense, fulfilling an important role in our Nation’s military.
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The Air Mobility Command Museum is located on the Dover Air Force base and welcomes thousands of visitors each year to learn more about the United States Air Force.
added
The Charles C. Carson Center for Mortuary Affairs fulfills our Nation’s sacred commitment of ensuring dignity, honor and respect to the fallen and care service and support to their families.
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The mortuary mission at Dover Air Force Base dates back to 1955 and is the only Department of Defense mortuary in the continental United States.
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Service members who serve at the Center for Mortuary Affairs are often so moved by their work that they voluntarily elect to serve multiple tours because they feel called to serve our fallen heroes.
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Sense of congress— Congress—
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honors and expresses sincerest gratitude to the women and men of the Dover Air Force Base for their distinguished service;
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acknowledges the incredible sacrifice and service of the families of active duty members of the United States military;
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encourages the people of the United States to keep in their thoughts and their prayers the women and men of the United States Armed Forces; and
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recognizes the incredibly unique and important work of the Air Force Mortuary Affairs Operations and the role they play in honoring our fallen heroes.
Sec. 598 GAO study of women involuntarily separated or discharged due to pregnancy or parenthood
added
added
Study required— Not later than September 30, 2021, the Comptroller General of the United States shall conduct a study regarding women involuntarily separated or discharged from the Armed Forces due to pregnancy or parenthood during the period of 1951 through 1976. The study shall identify—
added
the number of such women, disaggregated by—
added
Armed Force;
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grade;
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race; and
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ethnicity;
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the characters of such discharges or separations;
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discrepancies in uniformity of such discharges or separations;
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how such discharges or separations affected access of such women to health care and benefits through the Department of Veterans Affairs; and
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recommendations for improving access of such women to resources through the Department of Veterans Affairs.
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Report— Not later than 30 days after completing the study under subsection (a), the Comptroller General shall submit to Congress a report containing the results of that study.
Sec. 599 Report regarding transportation of remains of certain decedents by the Secretary of a military department
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added
Report required— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report to Congress regarding the transportation of the remains of decedents under the jurisdiction of the Secretary of a military department pursuant to section 1481 of title 10, United States Code.
added
Elements— The report under this section shall include the following:
added
Whether the Secretary of Defense maintains of a list or database of airports that accept remains of decedents.
added
How information in the list or database described in paragraph (1) is transmitted to casualty assistance call officers.
added
Regulations and guidance prescribed by the Secretary of Defense or Secretaries of the military departments regarding transportation of the remains of decedents.
added
Any changes made during 2020 to regulations or guidance described in paragraph (3) by the Secretary of the Navy.
added
Recommendations of the Secretary of Defense to improve regulations or guidance described in paragraph (3).
Sec. 599A Postponement of conditional designation of Explosive Ordnance Disposal Corps as a basic branch of the Army
addedadded 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—
added
in paragraph (1), by striking “October 1, 2020” and inserting “October 1, 2025”; and
added
in paragraph (2)—
added
in the matter preceding subparagraph (A), by striking “September 30, 2020” and inserting “September 30, 2025”;
added
in subparagraph (B), by inserting “, the explosive ordnance disposal commandant (chief of explosive ordnance disposal),” before “qualified”; and
added
by adding at the end the following new subparagraph:
added “(G) The explosive ordnance disposal commandant (chief of explosive ordnance disposal) has ensured that explosive ordnance disposal soldiers have the mobility skills necessary to support special operations forces (as identified in section 167(j) of title 10, United States Code). Such skills include airborne, air assault, combat diver, fast roping insertion and extraction, helocasting, military free-fall, and off-road driving.”
Sec. 599B Annual report regarding cost of living for members and employees of the Department of Defense
addedadded Section 136 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(e) The Under Secretary of Defense for Personnel and Readiness shall submit annually to the Committees on Armed Services of the Senate and House of Representatives a report containing an analysis of the costs of living, nationwide, for—
added “(1) members of the Armed Forces on active duty; and
added “(2) employees of the Department of Defense.”
Sec. 599C Report on Preservation of the Force and Family Program of United States Special Operations Command
added
added
Report required— Not later than March 1, 2021, the Commander of United States Special Operations Command shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the Preservation of the Force and Family Program of United States Special Operations Command (in this section referred to as the “Program”).
added
Elements— The report under this section shall include the following:
added
The current structure of professional staff employed by the Program.
added
A comparison of the current mission requirements and the capabilities of existing personnel of the Program.
added
An analysis of any emergent needs or skill sets of the Program.
added
A cost-benefit analysis of hiring, as specialists—
added
contractors;
added
civilian personnel of the Department of Defense; or
added
members of the Armed Forces.
Sec. 599D GAO study of members absent without leave or on unauthorized absence
added
added
Study; report— Not later than September 30, 2021, 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 how the Armed Forces handle cases of members absent without leave or on unauthorized absence.
added
Elements— The study under this section shall include the following:
added
The procedures and guidelines established by each Armed Force for the investigation of such a case.
added
The guidelines for distinguishing between—
added
common cases;
added
cases that may involve foul play or accident; and
added
cases wherein the member may be in danger.
added
The current guidelines for cooperation and coordination between military investigative agencies and—
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local law enforcement agencies; and
added
Federal law enforcement agencies.
added
The current guidelines for use of traditional and social media in conjunction with such cases.
added
Military resources available for such cases and any apparent shortfalls in such resources.
added
How the procedures for such cases vary between Armed Forces.
added
How the procedures described in paragraph (6) vary from procedures used by local and Federal law enforcement.
added
Best practices for responding to and investigating such cases.
added
Any other matter the Comptroller General determines appropriate.
Sec. 604 Single military housing area for each municipality with a population greater than 500,000
addedadded Section 403(b)(2) of title 37, United States Code is amended—
added
in the first sentence, by inserting “(A)” before “The Secretary”; and
added
by adding at the end the following:
added “(B) No municipality with a population greater than 500,000 may be covered by more than one military housing area.”
Sec. 605 Expansion of travel and transportation allowances to include fares and tolls
addedadded 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”.
Sec. 606 Compensation and credit for retired pay purposes for maternity leave taken by members of the reserve components
added
added
Compensation— Section 206(a) of title 37, United States Code, is amended—
added
in paragraph (2), by striking “or” at the end;
added
in paragraph (3), by striking the period at the end and inserting “; or”; and
added
by adding at the end the following new paragraph:
added “(4) for each of 6 days for each period during which the member is on maternity leave.”
added
Credit for retired pay purposes—
added
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.
added
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.
added
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.
added
Contribution of leave toward entitlement to retired pay— Section 12732(a)(2) of title 10, United States Code, is amended by inserting after subparagraph (E) the following new subparagraph:
added “(F) Points at the rate of 12 per period during which the member is on maternity leave.”
added
Computation of years of service for retired pay— Section 12733 of such title is amended—
added
by redesignating paragraph (5) as paragraph (6); and
added
by inserting after paragraph (4) the following new paragraph (5):
added “(5) One day for each point credited to the person under subparagraph (F) of section 12732(a)(2) of this title.”
added
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.
Sec. 611 One-year extension of certain expiring bonus and special pay authorities
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”.
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”:
Section 2130a(a)(1), relating to nurse officer candidate accession program.
Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.
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”.
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”:
Section 331(h), relating to general bonus authority for enlisted members.
Section 332(g), relating to general bonus authority for officers.
Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.
Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.
Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.
Section 351(h), relating to hazardous duty pay.
Section 352(g), relating to assignment pay or special duty pay.
Section 353(i), relating to skill incentive pay or proficiency bonus.
Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.
changed
Authority to To provide temporary increase in rates of basic allowance for housing— Section 403(b)(7)(E) of title 37, United States Code, is amended by striking “December 31, 2020” and inserting “December 31, 2021”.
Sec. 624 Priority for certain military family housing to a member of the Armed Forces whose spouse agrees to provide family home day care services
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.
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).
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.
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Result of failure to To provide family home day care services or loss of eligibility— The Secretary of the military department concerned may remove a household provided covered military family housing under this section therefrom if the Secretary determines the spouse of that member has failed to abide by an agreement described in subsection (e)(3) or has ceased to be an eligible military spouse. Such removal may not occur sooner than 60 days after the date of such determination.
Definitions— In this section:
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.
The term “covered military family housing” means military family housing—
located on a military installation described in subsection (a); and
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).
The term “eligible military spouse” means a military spouse who—
is eligible for military family housing;
is eligible to provide family home day care services;
changed
has provided family home day care services for at least one 1 year; and
agrees in writing to provide family home day care services in covered military family housing for a period determined by the Secretary of the military department concerned.
Sec. 626 Gold star families parks pass
added
added
Short title— This section may be referred to as the “Gold Star Families Parks Pass Act”.
added
Gold star families parks pass— Section 805(b) of division J of the Consolidated Appropriations Act, 2005 (16 U.S.C. 6804(b); 118 Stat. 3386), is amended by adding at the end the following new paragraph:
added “(3) Gold star families parks pass—The Secretary shall make the National Parks and Federal Recreational Lands Pass available, at no cost, to members of Gold Star Families, as defined by section 3.2 of Department of Defense Instruction 1348.36.”
Sec. 627 Modification to first division monument
added
added
Short title— This section may be cited as the “First Infantry Recognition of Sacrifice in Theater Act” or the “FIRST Act”.
added
Authorization— The Society of the First Infantry Division (an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that code), may make modifications (including construction of additional plaques and stone plinths on which to put the plaques) to the First Division Monument located on Federal land in President’s Park in the District of Columbia that was set aside for memorial purposes of the First Infantry Division, in order to honor the members of the First Infantry Division who paid the ultimate sacrifice during United States operations, including Operation Desert Storm, Operation Iraqi Freedom and New Dawn, and Operation Enduring Freedom. The First Infantry Division at the Department of the Army shall collaborate with the Department of Defense to provide to the Society of the First Infantry Division the list of names to be added.
added
Non-Application of commemorative works act— Subsection (b) of section 8903 of title 40, United States Code (commonly known as the “Commemorative Works Act”), shall not apply to actions taken under subsection (b) of this section.
added
Funding— Federal funds may not be used to pay any expense of the activities of the Society of the First Infantry Division which are authorized by this section.
Sec. 628 Cheryl Lankford memorial expansion of assistance for Gold Star spouses and other dependents
addedadded Section 633(a) of the National Defense Authorization Act for Fiscal Year 2014 (10 U.S.C. 1475 note) is amended—
added
by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively;
added
by inserting “(1)” before “Each Secretary”;
added
in the matter preceding paragraph (1), by inserting “a casualty assistance officer who is” after “jurisdiction of such Secretary”;
added
by striking “spouses and other dependents of members” and all that follows through “services:” and inserting an em dash; and
added
by inserting before subparagraph (A), as redesignated, the following:
added “(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
added “(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.
added “(2) Casualty assistance officers described in paragraph (1) shall provide to spouses and dependents described in that paragraph the following services:”
Sec. 629 Extension of Commissary and Exchange Benefits for Surviving Remarried Spouses With Dependent Children of a Member of the Armed Forces Who Dies While on Active Duty or Certain Reserve Duty
added
added
Procedures for Access of Surviving Remarried Spouses Required— The Secretary of Defense, acting jointly with the Secretary of Homeland Security, shall establish procedures by which an eligible remarried spouse may obtain unescorted access, as appropriate, to military installations in order to use commissary stores and MWR retail facilities to the same extent and on the same basis as an unremarried surviving spouse of a member of the uniformed services is entitled to by law or policy.
added
Considerations— Any procedures established under this section shall—
added
be applied consistently across the Department of Defense and the Department of Homeland Security, including all components of the Departments;
added
minimize any administrative burden on surviving remarried spouse or dependent child, including through the elimination of any requirement for a remarried spouse to apply as a personal agent for continued access to military installations in accompaniment of a dependent child;
added
take into account measures required to ensure the security of military installations, including purpose and eligibility for access and renewal periodicity; and
added
take into account such other factors as the Secretary of Defense or the Secretary of Homeland Security considers appropriate.
added
Deadline— The procedures required by subsection (a) shall be established by the date that is not later than 1 year after the date of the enactment of this section.
added
Definitions— In this section—
added
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;
added
the term “covered member of the Armed Forces” means a member of the Armed Forces who dies while serving—
added
on active duty; or
added
on such reserve duty as the Secretary of Defense and the Secretary of Homeland Security may jointly specify for purposes of this section.
Sec. 641 Maintenance of funding for Stars and Stripes
Funding—
changed
Operation and maintenance— Of the amounts authorized to be appropriated for fiscal year 2021 in Division division D of this Act and available for operations and maintenance for Defense-wide activities as specified in the funding table in section 4301 of this Act, $9,000,000 shall be made available for the purpose of maintaining the operations and publication of Stars and Stripes.
changed
Contingency operations— Of the amounts authorized to be appropriated for fiscal year 2021 in Division division D of this Act and available for overseas contingency operations for Defense-wide activities as specified in the funding tables in section 4301 of this Act, $6,000,000 shall be made available for the purpose of maintaining the operations and publication of Stars and StripesStripes.
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:
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.
An analysis of the modes of communication used by Stars and Stripes.
An analysis of potential reduced operations of Stars and Stripes.
An analysis of the operation of Stars and Stripes solely as a non-appropriated entity.
An analysis of operating Stars and Stripes as a category B morale, welfare, and recreation entity.
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.
Sec. 642 Basic allowance for housing
addedadded Section 403 of title 37, United States Code, is amended by adding at the end the following:
added “(p) Information on rights and protections under Servicemembers Civil Relief Act—The Secretary of Defense 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.).”
Sec. 703 Assessments and testing relating to exposure to perfluoroalkyl and polyfluoroalkyl substances
Periodic health assessment— The Secretary of Defense shall ensure that any periodic health assessment provided to a member of the Armed Forces includes an evaluation of whether the member has been—
based or stationed at a military installation identified by the Department of Defense as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or
exposed to such substances, including by evaluating any information in the health record of the member.
Separation history and physical examinations— Section 1145(a)(5) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
“(D) The Secretary concerned shall ensure that each physical examination of a member under subparagraph (A) includes an assessment of whether the member was—
“(i) based or stationed at a military installation identified by the Department as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or
“(ii) exposed to such substances, including by assessing any information in the health record of the member.”
Deployment assessments— Section 1074f(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
“(E) An assessment of whether the member was—
“(i) based or stationed at a military installation identified by the Department as a location with a known or suspected release of perfluoroalkyl substances or polyfluoroalkyl substances during the period in which the member was based or stationed at the military installation; or
“(ii) exposed to such substances, including by assessing any information in the health record of the member.”
Provision of blood testing—
Members of the armed forces—
changed
In general— If a covered evaluation of a member of the Armed Forces results in a positive determination of potential exposure to perfluoroalkyl substances or polyfluoroalkyl substances, the Secretary of Defense shall provide to that member, during that covered evaluation, evaluation and at no additional cost to that member, blood testing to determine and document potential exposure to such substances.
Inclusion in health record— The results of blood testing of a member of the Armed Forces conducted under subparagraph (A) shall be included in the health record of the member.
Covered evaluation defined— In this subsection, the term covered evaluation means—
a periodic health assessment conducted in accordance with subsection (a);
a separation history and physical examination conducted under section 1145(a)(5) of title 10, United States Code, as amended by subsection (b); and
a deployment assessment conducted under section 1074f(b)(2) of such title, as amended by subsection (c).
Sec. 705 Waiver of fees charged to certain civilians for emergency medical treatment provided at military medical treatment facilities
addedadded Section 1079b of title 10, United States Code, is amended—
added
by redesignating subsection (b) as subsection (c); and
added
by inserting after subsection (a) the following new subsection (b):
added “(b) Waiver of fees—Under the procedures implemented under subsection (a), a military medical treatment facility may waive a fee charged under such procedures to a civilian who is not a covered beneficiary if—
added “(1) after insurance payments, if any, the civilian is not able to pay for the trauma or other medical care provided to the civilian; and
added “(2) the provision of such care enhanced the medical readiness of the health care provider or health care providers furnishing such care.”
Sec. 706 Expansion of benefits available under TRICARE Extended Care Health Option program
added
added
Extended benefits for eligible dependents— Subsection (e) of section 1079 of title 10, United States Code, is amended to read as follows:
added “(e)
added “(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:
added “(A) Diagnosis and screening.
added “(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).
added “(C) Rehabilitation and habilitation services and devices.
added “(D) Institutional care in private nonprofit, public, and State institutions and facilities and, if appropriate, transportation to and from such institutions and facilities.
added “(E) Custodial care, notwithstanding the prohibition in section 1077(b)(1) of this title.
added “(F) In accordance with paragraph (2), respite care for the primary caregiver of the eligible dependent.
added “(G) In accordance with paragraph (3), service and modification of durable equipment and assistive technology devices.
added “(H) Special education.
added “(I) Vocational training, which may be furnished to an eligible dependent in the residence of the eligible dependent or at a facility in which such training is provided.
added “(J) In accordance with paragraph (4), adaptations to the private residence and vehicle of the eligible dependent.
added “(K) Such other services and supplies as determined appropriate by the Secretary, notwithstanding the limitations in subsection (a)(12).
added “(2) Respite care under paragraph (1)(F) shall be provided subject to the following conditions:
added “(A) Pursuant to regulations prescribed by the Secretary for purposes of this paragraph, such respite care shall be limited to—
added “(i) 50 hours per month for a primary caregiver not covered by clause (ii); or
added “(ii) 40 hours per week for cases where the Secretary determines that the plan of care for the eligible dependent includes frequent interventions by the primary caregiver.
added “(B) Unused hours of respite care may not be carried over to another month.
added “(C) Such respite care may be provided to an eligible beneficiary regardless of whether the eligible beneficiary is receiving another benefit under this subsection.
added “(3)
added “(A) Service and modification of durable equipment and assistive technology devices under paragraph (1)(G) may be provided only upon determination by the Secretary that the service or modification is necessary for the use of such equipment or device by the eligible dependent.
added “(B) Service and modification of durable equipment and assistive technology devices under such paragraph may not be provided—
added “(i) in the case of misuse, loss, or theft of the equipment or device; or
added “(ii) for a deluxe, luxury, or immaterial feature of the equipment or device, as determined by the Secretary.
added “(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.
added “(4)
added “(A) Adaptations to the private residence and vehicle of the eligible dependent under paragraph (1)(J) may be provided if such adaptations—
added “(i) are determined to be medically necessary by the provider responsible for the care of the eligible dependent with respect to the qualifying condition; and
added “(ii) are necessary to assist in—
added “(I) the reduction of the disabling effects of the qualifying condition; or
added “(II) maintenance of the present functionality of the eligible dependent.
added “(B) With respect to a vehicle, adaptations may be provided under such paragraph if the vehicle is the primary means of transportation of the eligible dependent.”
added
Conforming amendment— Subsection (f) of such section is amended by striking “paragraph (3) or (4) of subsection (e)” each place it appears and inserting “subparagraph (C), (D), (G), (H), or (I) of subsection (e)(1)”.
added
Additional requirements in Office of Special Needs annual report— Section 1781c(g)(2) of title 10, United States Code, is amended—
added
by redesignating subparagraph (C) as subparagraph (D); and
added
by inserting after subparagraph (B) the following new subparagraph (C):
added “(C) With respect to the Extended Care Health Option program under section 1079(d) of ths title—
added “(i) the utilization rates of services under such program by eligible dependents (as such term is defined in such section) during the prior year;
added “(ii) a description of gaps in such services, as ascertained by the Secretary from information provided by families of eligible dependents;
added “(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
added “(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.”
added
Comptroller General report— The Comptroller General of the United States shall submit to Congress a report containing a study on caregiving available through programs such as State Home and Community Based Services and the Program of Comprehensive Assistance for Family Caregivers of the Department of Veterans Affairs under section 1720G of title 38, United States Code. The report shall—
added
include input from payers, administrators, consumers, and advocates in order to analyze best practices for administering programs to support caregivers of individuals with intellectual or physical disabilities; and
added
compare the provision of respite and related care through the Extended Care Health Option program under section 1079(d) of title 10, United States Code, to recognized best practices and, if needed, make recommendations for improvement.
added
Effective date— The amendments made by this section shall take effect October 1, 2020.
added
Funding—
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for the Defense Health Program, as specified in the corresponding funding table in section 4501, for Defense Health Program, In-House Care, is hereby increased by $15,000,000.
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for the Defense Health Program, as specified in the corresponding funding table in section 4501, for Defense Health Program, Private Sector Care, is hereby reduced by $15,000,000.
Sec. 707 Provision of hearing aids for dependents of certain members of the reserve components
addedadded Section 1077(g) of title 10, United States Code, is amended—
added
by striking “In addition” and inserting “(1) In addition”; and
added
by adding at the end the following new paragraph:
added “(2) For purposes of providing hearing aids under subsection (a)(16), a dependent of a member of the reserve components who is enrolled in the TRICARE program under section 1076d of this title shall be deemed to be a dependent of a member of the uniformed services on active duty.”
Sec. 712 Inclusion of drugs, biological products, and critical medical supplies in national security strategy for national technology and industrial base
National security strategy for national technology and industrial base— Section 2501(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(11) Providing for the provision of drugs, biological products, vaccines, and critical medical supplies (including personal protective equipment, diagnostic and testing capabilities, and lifesaving breathing apparatuses required for the treatment of severe respiratory illness and respiratory distress) required to enable combat readiness and protect the health of the armed forces.”
Report—
changed
In general— Not later than one 1 year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Health and Human Services, the Commissioner of Food and Drugs, and the heads of other departments and agencies of the Federal Government that the Secretary of Defense determines appropriate, shall submit to the appropriate congressional committees a report on vulnerabilities to the drugs, biological products, vaccines, and critical medical supplies of the Department of Defense.
Matters included— The report under paragraph (1) shall include—
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;
an identification of shortages of finished drugs, biological products, vaccines, and critical medical supplies essential for combat readiness and the protection of the health of the Armed Forces, as identified by the Secretary of Defense;
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;
added
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;
added
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;
renumbered
was (3)(3)(6)
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—
renumbered
was (3)(3)(6)(2)
the manufacturing capacity of the United States;
renumbered
was (3)(3)(6)(3)
gaps in domestic manufacturing capabilities, including non-existent, extinct, threatened, and single-point-of-failure capabilities; and
renumbered
was (3)(3)(6)(4)
supply chains with single points of failure and limited resiliency; and
renumbered
was (3)(3)(7)
recommendations to enhance and strengthen the surge requirements and readiness contracts of the Department of Defense to ensure the sufficiency of the stockpile of the Department of, and the ready access by the Department to, critical medical supplies, pharmaceuticals, vaccines, counter-measure prophylaxis, and personal protective equipment, including with respect to the effectiveness of the theater lead agent for medical materiel program in support of the combatant commands.
Form— The report under paragraph (1) shall be submitted in classified form.
Definitions— In this subsection:
The term appropriate congressional committees means the following:
The congressional defense committees.
The Committee on Energy and Commerce and the Committee on Homeland Security of the House of Representatives.
The Committee on Health, Education, Labor, and Pensions and the Committee on Homeland Security and Governmental Affairs of the Senate.
The term critical medical equipment includes personal protective equipment, diagnostic tests, testing supplies, and lifesaving breathing apparatuses required to treat severe respiratory illnesses and distress.
Sec. 716 Modifications to implementation plan for restructure or realignment of military medical treatment facilities
Section 703(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2199) is amended—
in paragraph (2), by striking subparagraph (D) and inserting the following new subparagraph:
“(D) A description of how the Secretary will carry out subsection (b), including with respect to—
“(i) the standards required for health care providers to accept and transition covered beneficiaries to the purchased care component of the TRICARE program;
“(ii) a method to monitor and report on quality benchmarks for the beneficiary population that is required to transition to such component of the TRICARE program; and
“(iii) a process by which the Defense Health Agency will ensure that such component of the TRICARE program has the required capacity.”
by adding at the end the following new paragraph:
“(4) Notice and wait—The Secretary may not implement the plan under paragraph (1) unless—
“(A) the Secretary has submitted the plan to the congressional defense committees; and
changed
“(B) a one-year 1-year period elapses following the later of the date of such submission or the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021.”
Sec. 717 Policy to address opioid prescription abuse prevention
changed
Requirement— The Secretary of Defense shall develop a policy and tracking mechanism for opioids that monitors and prohibits the over prescribing of opioids to ensure compliance with clinical practice guidelines.guidelines and prescribing guidelines published by the Centers for Disease Control and Prevention and the Food and Drug Administration.
Elements— The requirements under subsection (a) shall include the following:
Limit the prescribing of opioids to the morphine milligram equivalent level per day specified in the guideline published by the Centers for Disease Control and Prevention titled “CDC Guideline for Prescribing Opioids for Chronic Pain—United States, 2016”, or such successor guideline.
Limit the supply of opioids to within clinically accepted guidelines.
changed
Develop a waiver process for specific patient categories that will require treatment beyond the limit specified in paragraph (1).(1) and, as appropriate, ensure overdose reversal drugs are co-prescribed.
Implement controls to ensure that the prescriptions in the military health system data repository exist and that the dispense date and the metric quantity field for opioid prescriptions in liquid form are consistent among all systems.
changed
Implement opioid prescribing controls within the electronic health record system known as “Genesis”.“Genesis” and document if an overdose reversal drug was co-prescribed.
changed
Develop metrics that can be used by the Defense Health Agency and each military medical treatment facility to actively monitor and limit the over prescribing of opioids.opioids and to monitor the co-prescribing of overdose reversal drugs as accessible interventions.
changed
Develop a report that tracks progression toward reduced levels of opioid use.use and includes an identification of prevention best practices established by the Department.
Sec. 718 Addition of burn pit registration to electronic health records of members of the Armed Forces and veterans
changed
Updates to electronic health records— Beginning not later than one 1 year after the date of the enactment of this Act—
the Secretary of Defense shall ensure that the electronic health record maintained by such Secretary of a member of the Armed Forces registered with the burn pit registry is updated with any information contained in such registry; and
the Secretary of Veterans Affairs shall ensure that the electronic health record maintained by such Secretary of a veteran registered with the burn pit registry is updated with any information contained in such registry.
Burn pit registry defined— In this section, the term “burn pit registry” means the registry established under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).
Sec. 719 Maintenance of certain medical services at military medical treatment facilities at Service Academies
addedadded Section 1073d of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(f) Maintenance of certain medical services at Service Academies
added “(1) In carrying out subsection (a), the Secretary of Defense shall ensure that each military medical treatment facility located at a Service Academy (as defined in section 347 of this title) provides each covered medical service unless the Secretary determines that a civilian health care facility located not fewer than five miles from the Service Academy provides the covered medical service.
added “(2) In this subsection, the term “covered medical service” means the following:
added “(A) Emergency room services.
added “(B) Orthopedic services.
added “(C) General surgery services.
added “(D) Ear, nose, and throat services.
added “(E) Gynecological services.
added “(F) Ophthalmology services.
added “(G) In-patient services.
added “(H) Any other medical services that the relevant Superintendent of the Service Academy determines necessary to maintain the readiness and health of the cadets or midshipmen and members of the armed forces at the Service Academy.”
Sec. 720 Extramedical maternal health providers demonstration project
added
added
Demonstration project required— Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall commence the conduct of 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.
added
Elements of demonstration project— The demonstration project under subsection (a) shall include, for participants in the demonstration project, the following:
added
Access to doulas.
added
Access to lactation consultants who are not otherwise authorized to provide services under the TRICARE program.
added
Participants— The Secretary shall establish a process under which covered beneficiaries may enroll in the demonstration project in order to receive the services provided under the demonstration project.
added
Duration— The Secretary shall carry out the demonstration project for a period of 5 years beginning on the date on which notification of the commencement of the demonstration project is published in the Federal Register.
added
Survey—
added
In general— Not later than 1 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—
added
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;
added
how many single members of the Armed Forces give birth alone; and
added
how many members of the Armed Forces or spouses of such members use doula support or lactation consultants.
added
Matters covered by the survey— The survey administered under paragraph (1) shall include an identification of the following:
added
The race, ethnicity, age, sex, relationship status, military service, military occupation, and rank, as applicable, of each individual surveyed.
added
If individuals surveyed were members of the Armed Forces or the spouses of such members, or both.
added
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.
added
Any resources or support that the individuals surveyed found useful during the pregnancy and birth process, including doula or lactation counselor support.
added
Reports—
added
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 Senate and the House of Representatives a plan to implement the demonstration project.
added
Annual report—
added
In general— Not later than 1 year after the commencement of the demonstration project, and annually thereafter for the duration of the demonstration project, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives 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.
added
Matters covered— Each report submitted under subparagraph (A) shall address, at a minimum, the following:
added
The number of covered beneficiaries who are enrolled in the demonstration project.
added
The number of enrolled covered beneficiaries who have participated in the demonstration project.
added
The results of the surveys under subsection (f).
added
The cost of the demonstration project.
added
An assessment of the quality of care provided to participants in the demonstration project.
added
An assessment of the impact of the demonstration project on maternal and fetal outcomes.
added
An assessment of the effectiveness of the demonstration project.
added
Recommendations for adjustments to the demonstration project.
added
The estimated costs avoided as a result of improved maternal and fetal health outcomes due to the demonstration project.
added
Recommendations for extending the demonstration project or implementing permanent coverage under the TRICARE program of extramedical maternal health providers.
added
An identification of legislative or administrative action necessary to make the demonstration project permanent.
added
Final report— The final report under subparagraph (A) shall be submitted not later than 90 days after the termination of the demonstration project.
added
Expansion of demonstration project—
added
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.
added
Credentialing and other requirements— The Secretary may establish credentialing and other requirements for doulas and lactation consultants through public notice and comment rulemaking for purposes of including doulas and lactation consultations as health care providers authorized to provide care under the TRICARE program pursuant to regulations prescribed under paragraph (1).
added
Definitions— In this section:
added
Extramedical maternal health provider— The term extramedical maternal health provider means a doula or lactation consultant.
added
Covered beneficiary; TRICARE program— The terms covered beneficiary and TRICARE program have the meanings given those terms in section 1072 of title 10, United States Code.
Sec. 722 COVID–19 global war on pandemics
Strategy— The Secretary of Defense shall develop a strategy for pandemic preparedness and response that includes the following:
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—
reviewing the frequency of each exercise conducted by the Department or a military department that relates to a pandemic or severe influenza season or related force health protection;
ensuring such exercises are appropriately planned, resourced, and practiced;
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;
reviewing the placement, exploring broader utilization of global health engagement liaisons, and increasing the scope of global health activities of the Department of Defense;
assessing a potential career track relating to health protection research for members of the Armed Forces and civilian employees of the Department of Defense;
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;
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—
the sufficiency of prepositioned stocks; and
the effectiveness of the Warstopper Program of the Defense Logistics Agency, or such successor program;
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
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.
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—
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—
improving the Department of Defense prevention and surveillance of, and the response to, infectious diseases that may impact members of the Armed Forces;
informing decisions relating to force health protection across the geographic combatant commands;
ensuring laboratory readiness to support pandemic response efforts and to understand infectious disease threats to the Armed Forces; and
coordinating and collaborating with partners, such as the geographic combatant commands, other Federal agencies, and international partners;
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
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.
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—
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;
determining the range of public health capacity, medical surge capacity, administrative capacity, and veterinary capacity necessary for the Armed Forces to—
support operations during a pandemic; and
develop mechanisms to reshape force structure during such pandemic as necessary (contingent upon primary mission requirements); and
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.
Study on response to COVID–19— The Secretary shall conduct a study on the response of the military health system to the coronavirus disease 2019 (COVID–19).
Report— Not later than June 1, 2021, the Secretary shall submit to the congressional defense committees a report containing—
the strategy under subsection (a); and
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.
added
Inspector General report on response to COVID–19— Not later than June 1, 2021, the Inspector General of the Department of Defense shall submit to the congressional defense committees and the Secretary of Defense a report on—
added
the total dollar amount of waste, fraud, and abuse uncovered in any Department of Defense spending under the Defense Production Act of 1950 with respect to the COVID–19 pandemic; and
added
any recommendations on how to combat waste, fraud, and abuse in future spending related to pandemic preparedness and response.
Sec. 723 Registry of TRICARE beneficiaries diagnosed with COVID–19
Establishment— Not later than June 1, 2021, the Secretary of Defense shall establish and maintain a registry of TRICARE beneficiaries who have been diagnosed with COVID–19.
Contents— The registry under subsection (a) shall include, with respect to each TRICARE beneficiary included in the registry, the following:
The demographic information of the beneficiary.
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.
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.
Any symptoms of COVID–19 manifested in the beneficiary.
Any treatments for COVID–19 taken by the beneficiary, or other medications taken by the beneficiary, when the beneficiary was diagnosed with COVID–19.
Any pathological data characterizing the incidence of COVID–19 and the type of treatment for COVID–19 provided to the beneficiary.
added
Information on any respiratory illness of the beneficiary recorded prior to the COVID–19 diagnosis of the beneficiary.
added
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).
renumbered
was (3)(9)
Any other information determined appropriate by the Secretary.
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—
a plan to implement the registry;
the cost of implementing the registry;
the location of the registry; and
any recommended legislative changes with respect to establishing the registry.
TRICARE beneficiary defined— In this section, the term “TRICARE beneficiary” means the following:
An individual covered by section 1074(a) of title 10, United States Code.
A covered beneficiary (as defined in section 1072 of title 10, United States Code).
Sec. 724 Pandemic health assessments evaluate exposure to open burn pits and toxic airborne chemicals
added
added
Exposure to open burn pits and toxic airborne chemicals or other airborne contaminants as part of health assessments for members of the Armed Forces and veterans during a pandemic and inclusion of information in registry—
added
Health assessment— The Secretary of Defense and Secretary of Veterans Affairs shall ensure that the first health assessment conducted for a member of the Armed Forces or veteran after the individual tested positive for a virus certified by the Federal Government as a pandemic includes an evaluation of whether the individual has been—
added
based or stationed at a location where an open burn pit was used; or
added
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.
added
Inclusion of individuals in registry— If an evaluation conducted under paragraph (1) with respect to an individual establishes that the individual was based or stationed at a location where an open burn pit was used, or that the individual was exposed to toxic airborne chemicals or other airborne contaminants, the individual shall be enrolled in the Airborne Hazards and Open Burn Pit Registry unless the member elects to not enroll in such registry.
added
Rule of construction— Nothing in this subsection may be construed to preclude eligibility of a veteran for benefits under the laws administered by the Secretary of Veterans Affairs by reason of the history of exposure of the veteran to an open burn pit not being recorded in an evaluation conducted under paragraph (1).
added
Definitions— In this subsection:
added
Airborne Hazards and Open Burn Pit Registry— The term Airborne Hazards and Open Burn Pit Registry means the registry established by the Secretary of Veterans Affairs under section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).
added
Open burn pit— The term open burn pit has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 126 Stat. 2422; 38 U.S.C. 527 note).
added
Study on impact of viral pandemics on members of Armed Forces and veterans who have experienced toxic exposure—
added
In general— The Secretary of Veterans Affairs shall conduct a study, through the Airborne Hazards and Burn Pits Center of Excellence (in this subsection referred to as the “Center”), on the health impacts of infection with a virus designated as a global pandemic, including a coronavirus, to members of the Armed Forces and veterans who have been exposed to open burn pits and other toxic exposures for the purposes of understanding the health impacts of the virus and whether individuals infected with the virus are at increased risk of severe symptoms due to previous conditions linked to toxic exposure.
added
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.
added
Definitions— In this subsection:
added
Coronavirus— The term coronavirus has the meaning given that term in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116–123).
added
Open burn pit— The term open burn pit has the meaning given that term in section 201(c) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 126 Stat. 2422; 38 U.S.C. 527 note).
Sec. 725 Provision of information regarding COVID–19 in multiple languages
added
added
Translation of materials— The Secretary of Defense shall—
added
translate any written material of the Department of Defense prepared in the English language for the general public relating to the COVID–19 pandemic into the languages specified in subsection (b) by not later than 7 days after the date on which such material is made available; and
added
make such translated written material available to the public.
added
Languages specified— The languages specified in this subsection are the following:
added
Arabic.
added
Cambodian.
added
Chinese.
added
French.
added
Greek.
added
Haitian Creole.
added
Hindi.
added
Italian.
added
Japanese.
added
Korean.
added
Laotian.
added
Polish.
added
Portuguese.
added
Russian.
added
Spanish.
added
Tagalog.
added
Thai.
added
Urdu.
added
Vietnamese.
added
Definition of COVID–19 pandemic— In this section, the term “COVID–19 pandemic” means the public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act on January 31, 2020, entitled “Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus”.
Sec. 726 Study of substance use disorders among members of the Armed Forces and veterans during the COVID–19 public health emergency
added
added
In general— The Secretaries shall conduct a study on substance use disorders among the relevant population before and during the COVID–19 public health emergency. The study shall include the following:
added
Analysis of data about the relevant population who overdosed from opioids or other illicit substances during the public health emergency, using appropriate control samples and comparing to existing population data.
added
Analysis of fatal opioid and other illicit substances overdose deaths among the relevant population during the public health emergency, using appropriate control samples and comparing to existing population data.
added
Analysis of the prevalence of alcohol use disorder among the relevant population during the public health emergency, using existing data to identify any new trends.
added
Analysis of the association between overdose deaths and suicide among the relevant population.
added
An overview of the resources from relevant Federal agencies, including the Department of Defense, the United States Department of Veterans Affairs, the Substance Abuse and Mental Health Services Administration, the Centers for Disease Control and Prevention, and the National Institutes of Health, that were distributed to the relevant population during the public health emergency, including methods of dissemination.
added
An analysis of the utilization of recovery services and barriers to access the services at the Veterans Health Administration and the Military Health System by different modes of delivery, such as telehealth, inpatient, outpatient, intensive outpatient, and residential services, during the public health emergency.
added
Identification of key areas in which relevant Federal agencies can improve their pandemic response as it relates to substance use disorders and overdoses among the relevant population, including steps that can be taken to improve the preparedness of the agencies for future public health emergencies declared by the Secretary under section 319 of the Public Health Service Act.
added
Reports—
added
Interim report— Within 120 days after the COVID–19 public health emergency ends, the Secretaries shall submit to the appropriate committees an interim report that contains an update on the status of the study required by subsection (a).
added
Final report— Not later than 2 years after the COVID–19 public health emergency ends, the Secretaries shall submit to the appropriate committees a final report that contains the results of the study.
added
Definitions— In this section:
added
Appropriate committees— The term “appropriate committees” means the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate.
added
COVID–19 public health emergency— The term “COVID–19 public health emergency” means the public health emergency declared by the Secretary of Health and Human Services on January 27, 2020, with respect to the 2019 Novel Coronavirus.
added
Relevant population— The term “relevant population” means members of the Armed Forces and veterans.
added
Secretaries— The term “Secretaries” means the Secretary of Defense and the Secretary of Veterans Affairs.
Sec. 732 Reports on suicide among members of the Armed Forces and suicide prevention programs and activities of the Department of Defense
Section 741(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1467) is amended—
in subparagraph (B), by adding at the end the following new clause:
changed
“(iii) The one-year 1-year period following the date on which the member returns from such a deployment.”
by redesignating subparagraphs (D) through (H) as subparagraphs (E) through (I), respectively;
by inserting after subparagraph (C) the following new subparagraph (D):
changed
“(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 1-year period preceding the death.”
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. 736 Grant program for increased cooperation on post-traumatic stress disorder research between United States and Israel
Sense of Congress— It is the sense of Congress that the Secretary of Defense, acting through the Psychological Health and Traumatic Brain Injury Research Program, should seek to explore scientific collaboration between American academic institutions and nonprofit research entities, and Israeli institutions with expertise in researching, diagnosing, and treating post-traumatic stress disorder.
Grant program— The Secretary of Defense, in coordination with the Secretary of Veterans Affairs and the Secretary of State, shall award grants to eligible entities to carry out collaborative research between the United States and Israel with respect to post-traumatic stress disorders. The Secretary of Defense shall carry out the grant program under this section in accordance with the agreement titled “Agreement Between the Government of the United States of America and the Government of Israel on the United States-Israel Binational Science Foundation”, dated September 27, 1972.
Eligible entities— To be eligible to receive a grant under this section, an entity shall be an academic institution or a nonprofit entity located in the United States.
Award— The Secretary shall award grants under this section to eligible entities that—
carry out a research project that—
addresses a requirement in the area of post-traumatic stress disorders that the Secretary determines appropriate to research using such grant; and
is conducted by the eligible entity and an entity in Israel under a joint research agreement; and
meet such other criteria that the Secretary may establish.
Application— To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such commitments and information as the Secretary may require.
Gift authority— The Secretary may accept, hold, and administer, any gift of money made on the condition that the gift be used for the purpose of the grant program under this section. Such gifts of money accepted under this subsection shall be deposited in the Treasury in the Department of Defense General Gift Fund and shall be available, subject to appropriation, without fiscal year limitation.
Reports— Not later than 180 days after the date on which an eligible entity completes a research project using a grant under this section, the Secretary shall submit to Congress a report that contains—
a description of how the eligible entity used the grant; and
an evaluation of the level of success of the research project.
changed
Termination— The authority to award grants under this section shall terminate on the date that is seven 7 years after the date on which the first such grant is awarded.
Sec. 737 Pilot program on cryopreservation and storage
Pilot program— The Secretary of Defense shall establish a pilot program to provide not more than 1,000 members of the Armed Forces serving on active duty with the opportunity to cryopreserve and store their gametes prior to deployment to a combat zone.
Period—
changed
In general— The Secretary shall provide for the cryopreservation and storage of gametes of a participating member of the Armed Forces under subsection (a), at no cost to the member, in a facility of the Department of Defense or at a private entity pursuant to a contract under subsection (d) until the date that is one 1 year after the retirement, separation, or release of the member from the Armed Forces.
changed
Continued cryopreservation and storage— At the end of the one-year 1-year period specified in paragraph (1), the Secretary shall authorize an individual whose gametes were cryopreserved and stored in a facility of the Department as described in that paragraph to select, including pursuant to an advance medical directive or military testamentary instrument completed under subsection (c), one of the following options:
To continue such cryopreservation and storage in such facility with the cost of such cryopreservation and storage borne by the individual.
To transfer the gametes to a private cryopreservation and storage facility selected by the individual.
changed
To authorize the Secretary to dispose of the gametes of the individual not earlier than the date that is 90 days after the end of the one-year 1-year period specified in paragraph (1) with respect to the individual.
Advance medical directive and military testamentary instrument— A member of the Armed Forces who elects to cryopreserve and store their gametes under this section shall complete an advance medical directive described in section 1044c(b) of title 10, United States Code, and a military testamentary instrument described in section 1044d(b) of such title, that explicitly specifies the use of their cryopreserved and stored gametes if such member dies or otherwise loses the capacity to consent to the use of their cryopreserved and stored gametes.
Agreements— To carry out this section, the Secretary may enter into agreements with private entities that provide cryopreservation and storage services for gametes.
Sec. 738 Pilot program on parents serving as certified nursing assistants for children under TRICARE program
Pilot program— The Director of the Defense Health Agency may carry out a pilot program under which an eligible parent serves as a certified nursing assistant under the TRICARE program with respect to providing personal care services to a covered child.
Duration— If the Director carries out the pilot program under subsection (a), the Director shall carry out the pilot program for a period of 18 months.
changed
Briefing— If the Director carries out the pilot program under subsection (a), not later than one 1 year after the date of the enactment of this Act, the Director shall provide to the congressional defense committees a briefing on the pilot program.
Report— If the Director carries out the pilot program under subsection (a), not later than 180 days after the date of the completion of the pilot program, the Director shall submit to the congressional defense committees a report on the pilot program. The report shall include—
the cost of the program;
an analysis of whether the pilot program met established performance metrics;
an analysis of whether the pilot program provided the standard of care to the patient that is required; and
the recommendation of the Director regarding whether the pilot program should be made permanent.
Definitions— In this section:
The term covered child means a covered beneficiary described in section 1072(2)(D) of title 10, United States Code, who—
is the child of a member of the uniformed services serving on active duty; and
is eligible for private duty nursing under the Extended Care Health Option under subsections (d) through (f) of section 1079 of such title.
The term eligible parent means an individual who is—
a certified nursing assistant; and
the parent of a covered child.
The term personal care services means personal care services prescribed by a medical doctor and provided by a certified nursing assistant under the supervision and guidance of a registered nurse case manager.
The term TRICARE program has the meaning given that term in section 1072 of title 10, United States Code.
Sec. 739 Study on incidence of cancer diagnosis and mortality among pilots in the Armed Forces
Study— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study to—
determine the incidence of cancer diagnosis and mortality among members, and former members, of the Armed Forces who serve as pilots compared to such members who do not serve as pilots, including by determining such incidence based on gender, age, flying hours, Armed Force, and type of aircraft; and
determine the appropriate age to begin screening such members for cancer, including by determining such age based on gender, flying hours, Armed Force, and type of aircraft.
changed
Submission— Not later than two 2 years after the date on which the Secretary enters into the agreement under subsection (a), the Secretary shall submit to the appropriate congressional committees a report on the findings from the study under such subsection.
Definitions— In this section:
The term “appropriate congressional committees” means—
the Committees on Armed Services and Veterans’ Affairs of the House of Representatives; and
the Committees on Armed Services and Veterans’ Affairs of the Senate.
The term “Armed Forces” means each Armed Force under the jurisdiction of the Secretary of a military department.
The term “pilot” includes an individual who frequently accompanies a pilot in a cockpit, such as a navigator.
Sec. 743 Audit of medical conditions of tenants in privatized military housing
In general— Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Department of Defense shall commence the conduct of an audit of the medical conditions of eligible individuals and the association between adverse exposures of such individuals in unsafe or unhealthy housing units and the health of such individuals.
Content of audit— The audit conducted under subsection (a) shall—
determine the percentage of units of privatized military housing that are unsafe or unhealthy housing units;
study the adverse exposures of eligible individuals that relate to residing in an unsafe or unhealthy housing unit and the effect of such exposures on the health of such individuals; and
determine the association, to the extent permitted by available scientific data, and provide quantifiable data on such association, between such adverse exposures and the occurrence of a medical condition in eligible individuals residing in unsafe or unhealthy housing units.
Conduct of audit— The Inspector General of the Department shall conduct the audit under subsection (a) using the same privacy preserving guidelines used by the Inspector General in conducting other audits of health records.
Source of data— In conducting the audit under subsection (a), the Inspector General of the Department shall use—
de-identified data from electronic health records of the Department;
records of claims under the TRICARE program (as defined in section 1072(7) of title 10, United States Code); and
such other data as determined necessary by the Inspector General.
changed
Submittal and public availability of report— Not later than one 1 year after the commencement of the audit under subsection (a), the Inspector General of the Department shall—
submit to the Secretary of Defense and the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the audit conducted under subsection (a); and
publish such report on a publicly available internet website of the Department of Defense.
Definitions— In this section:
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; and
has registered under the Housing Environmental Health Response Registry of the Army.
The term privatized military housing means military housing provided under subchapter IV of chapter 169 of title 10, United States Code.
The term unsafe or unhealthy housing unit means a unit of privatized military housing in which, at any given time, at least one of the following hazards is present:
Physiological hazards, including the following:
Dampness or microbial growth.
Lead-based paint.
Asbestos or manmade fibers.
Ionizing radiation.
Biocides.
Carbon monoxide.
Volatile organic compounds.
Infectious agents.
Fine particulate matter.
Psychological hazards, including ease of access by unlawful intruders or lighting issues.
Poor ventilation.
Safety hazards.
Other hazards as determined by the Inspector General of the Department.
Sec. 744 Report on Integrated Disability Evaluation System
changed
In general— Not later than one 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the findings of a study, conducted by the Secretary for the purposes of the report, of the implementation and application of the Integrated Disability Evaluation System.
Matters included— The report under subsection (a) shall include the following:
All changes to policies and procedures applicable to the implementation of the Integrated Disability Evaluation System from the previous disability evaluation system.
The extent to which the Integrated Disability Evaluation System is the primary means of processing members of the Armed Forces through the disability evaluation system process.
The extent to which the military departments and the Defense Health Agency coordinate—
treatment of members of the Armed Forces;
referrals of members of the Armed Forces to a medical evaluation board;
appointing a convening authority and staffing a medical evaluation board;
the sharing of medical documentation with a medical evaluation board;
evaluations of members of the Armed Forces for initial or subsequent limited duty status; and
a medical evaluation board referral to a physical evaluation board.
The process for members of the Armed Forces to request an impartial medical review or rebut medical evaluation board findings.
The criteria a medical evaluation board convening authority applies when considering such requests under paragraph (4).
The average time to process Integrated Disability Evaluation System cases by both phase and stage (as defined in Department of Defense Manual 1332.18) for both the active component and reserve component.
Sec. 746 Antimicrobial stewardship staffing at medical treatment facilities of the Department of Defense
added
added
Development of Recommendations— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Centers for Disease Control and Prevention and relevant medical societies, shall develop for its military medical treatment facilities—
added
stewardship staffing recommendations, based upon facility size and patient populations; and
added
diagnostics stewardship recommendations to improve antimicrobial stewardship programs.
added
Implementation plan— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a plan for carrying out the recommendations developed under subsection (a) and identify barriers to implementing such recommendations.
Sec. 747 Report on chiropractic care for dependents and retirees under the TRICARE program
addedadded Not later than 1 year after the date of the enactment of this Act, the Director of the Defense Health Agency shall submit to the congressional defense committees a report on the feasibility, efficacy, and cost of expanding coverage for chiropractic care to covered beneficiaries under the TRICARE program (as those terms are defined in section 1072 of title 10, United States Code).
Sec. 748 Study on medevac helicopters and ambulances at military installations
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing a study on the potential benefits and feasibility of requiring that—
added
each enduring military installation located outside the United States has at least one properly functioning medical evacuation helicopter and at least one properly functioning ambulance; and
added
each such helicopter and ambulance is stocked with appropriate emergency medical supplies.
Sec. 749 Funding for pancreatic cancer research
added
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for the Defense Health Program, as specified in the corresponding funding table in section 4501, for R&D Research is hereby increased by $5,000,000 for the purposes of a pancreatic cancer early detection initiative (EDI).
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1405 for Defense Health Program, as specified in the corresponding funding table in section 4501, for Base Operations/Communications is hereby reduced by $5,000,000.
Sec. 750 Report on mental health treatment relating to pregnancy
added
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report with respect to mental health treatment relating to pregnancy that assesses the following:
added
The extent to which treatment for covered mental health issues is available and accessible to active duty members of the Armed Forces and the spouses of such members.
added
The extent to which data on the rate of occurrence of covered mental health issues among active duty members of the Armed Forces, and the spouses of such members, is collected.
added
The barriers that prevent active duty members of the Armed Forces, and the spouses of such members, from seeking or obtaining care for covered mental health issues.
added
The ways in which the Department of Defense is addressing barriers identified under paragraph (3).
added
Covered mental health issues defined— In this section, the term “covered mental health issues” means pregnancy-related depression, postpartum depression, and other pregnancy-related mood disorders.
Sec. 750A Report on cost of extending TRICARE coverage to individuals participating in Health Professions Scholarship and Financial Assistance Program
addedadded Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing an analysis of the cost of providing coverage and health care benefits under the TRICARE program to each individual currently participating in a health professions scholarship and financial assistance program established pursuant to section 2121 of title 10, United States Code.
Sec. 750B Report on health care records of dependents who later seek to serve as a member of the Armed Forces
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the use by the military departments of health care records of individuals who are dependents or former dependents of members of the Armed Forces with respect to that individual later serving or seeking to serve as a member of the Armed Forces. The report shall include the following:
added
A description of the policy of the Department of Defense and each military department with respect to combining the juvenile medical records of such an individual with the military medical records of that individual who serves as a member of the Armed Forces.
added
The total number of cases where such juvenile medical records were so combined with the military medical records of the individual.
added
The total number of cases where an individual was either discharged, or was prevented from joining the Armed Forces, because of the juvenile medical records of the individual from when the individual was a dependent of a member of the Armed Forces.
added
The total number of cases where an individual was granted a waiver preventing a discharge or being denied from joining the Armed Forces as described in paragraph (3).
added
Any actions the Secretary of Defense or a Secretary of a military department has taken or plans to take to prevent a discharge or being denied from joining the Armed Forces as described in paragraph (3).
Sec. 750C Briefing on extension of TRICARE Prime to eligible beneficiaries in Puerto Rico and other United States territories
added
added
Briefing— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the feasibility, benefits, and costs of extending eligibility to enroll in TRICARE Prime to eligible beneficiaries who reside in Puerto Rico and other United States territories.
added
Elements— The briefing under subsection (a) shall provide an assessment specifically tailored to each United States territory and include, at a minimum—
added
a description and update of the findings contained in the 2019 Department of Defense report on the feasibility and effect of extending TRICARE Prime to eligible beneficiaries residing in Puerto Rico, as required by the conference report accompanying the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232);
added
an assessment of whether otherwise eligible beneficiaries residing in Puerto Rico and other United States territories have access to health care that is equivalent, with respect to both quality and cost, to the care available to their counterparts residing in the States and the District of Columbia;
added
an assessment of the feasibility, benefits, beneficiary satisfaction and costs of extending TRICARE Prime to some, but not all, categories of beneficiaries residing in Puerto Rico and other United States territories; and
added
an assessment of opportunities to partner with other Federal health care systems to support resources and share costs and services in extending TRICARE Prime in Puerto Rico and the other United States territories.
added
Other United States territories defined— In this section, the term “other United States territories” means American Samoa, Guam, the Northern Mariana Islands, and the United States Virgin Islands.
Sec. 750D Funding for post-traumatic stress disorder
added
added
Funding— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by section 1405 for the Defense Health Program, as specified in the corresponding funding table in such division, is hereby increased by $2,500,000 for post-traumatic stress disorder.
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Operation and Maintenance, Defense-wide is hereby reduced by $2,500,000.
Sec. 750E Increased collaboration with NIH to combat triple negative breast cancer
added
added
In general— The Office of Health of the Department of Defense shall work in collaboration with the National Institutes of Health to—
added
identify specific genetic and molecular targets and biomarkers for triple negative breast cancer; and
added
provide information useful in biomarker selection, drug discovery, and clinical trials design that will enable both—
added
triple negative breast cancer patients to be identified earlier in the progression of their disease; and
added
the development of multiple targeted therapies for the disease.
added
Funding— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated by section 1405 for the Defense Health Program, as specified in the corresponding funding tables in division D, is hereby increased by $10,000,000 to carry out subsection (a).
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Operation and Maintenance, Defense-wide is hereby reduced by $10,000,000.
Sec. 750F Study on readiness contracts and the prevention of drug shortages
added
added
Study— The Secretary of Defense shall conduct a study on the effectiveness of readiness contracts managed by the Customer Pharmacy Operations Center of the Defense Logistics Agency in meeting the military’s drug supply needs. The study shall include an analysis of how the contractual approach to manage drug shortages for military health care can be a model for responding to drug shortages in the civilian health care market in the United States.
added
Consultation— In conducting the study under subsection (a), the Secretary of Defense shall consult with—
added
the Secretary of Veterans Affairs;
added
the Commissioner of Food and Drugs and the Administrator of the Drug Enforcement Administration; and
added
physician organizations, drug manufacturers, pharmacy benefit management organizations, and such other entities as the Secretary determines appropriate.
added
Report— Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the results of the study under subsection (a) and any conclusions and recommendations of the Secretary relating to such study.
Sec. 750G Findings and sense of Congress on musculoskeletal injuries
added
added
Findings— Congress finds the following:
added
Musculoskeletal injuries among members of the Armed Forces serving on active duty result in more than 10,000,000 limited-duty days each year and account for more than 70 percent of the medically non-deployable population.
added
Extremity injury accounts for 79 percent of reported trauma cases in theater and members of the Armed Forces experience anterior cruciate ligament (ACL) injuries at 10 times the rate of the general population.
added
Sense of Congress— It is the sense of Congress that Congress—
added
recognizes the important work of the Naval Advanced Medical Research Unit in Wound Care Research; and
added
encourages continued development of innovations for the warfighter, especially regarding tendon and ligament injuries that prevent return to duty for extended periods of time.
Sec. 750H Wounded Warrior Service Dog Program
added
added
Grants authorized— The Secretary of Defense shall establish a program, to be known as the “Wounded Warrior Service Dog Program”, to award competitive grants to nonprofit organizations to assist such organizations in the planning, designing, establishing, or operating (or any combination thereof) of programs to provide assistance dogs to covered members and veterans. The awarding of such grants is subject to the availability of appropriations provided for such purpose.
added
Use of funds—
added
In general— The recipient of a grant under this section shall use the grant to carry out programs that provide assistance dogs to covered members and veterans who have a disability described in paragraph (2).
added
Disability— A disability described in this paragraph is any of the following:
added
Blindness or visual impairment.
added
Loss of use of a limb, paralysis, or other significant mobility issues.
added
Loss of hearing.
added
Traumatic brain injury.
added
Post-traumatic stress disorder.
added
Any other disability that the Secretary of Defense considers appropriate.
added
Timing of award— The Secretary may not award a grant under this section to reimburse a recipient for costs previously incurred by the recipient in carrying out a program to provide assistance dogs to covered members and veterans unless the recipient elects for the award to be such a reimbursement.
added
Eligibility— To be eligible to receive a grant under this section, a nonprofit organization shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include—
added
a proposal for the evaluation required by subsection (d); and
added
a description of—
added
the training that will be provided by the organization to covered members and veterans;
added
the training of dogs that will serve as assistance dogs;
added
the aftercare services that the organization will provide for such dogs and covered members and veterans;
added
the plan for publicizing the availability of such dogs through a targeted marketing campaign to covered members and veterans;
added
the recognized expertise of the organization in breeding and training such dogs;
added
the commitment of the organization to humane standards for animals; and
added
the experience of the organization with working with military medical treatment facilities or medical facilities of the Department of Veterans Affairs; and
added
a statement certifying that the organization—
added
is accredited by Assistance Dogs International, the International Guide Dog Federation, or another similar widely recognized accreditation organization that the Secretary determines has accreditation standards that meet or exceed the standards of Assistance Dogs International and the International Guide Dog Federation; or
added
is a candidate for such accreditation or otherwise meets or exceeds such standards, as determined by the Secretary.
added
Evaluation— The Secretary shall require each recipient of a grant to use a portion of the funds made available through the grant to conduct an evaluation of the effectiveness of the activities carried out through the grant by such recipient.
added
Coordination— The Secretary of Defense shall coordinate with the Secretary of Veterans Affairs in awarding grants under this section.
added
Definitions— In this section:
added
Assistance dog— The term assistance dog means a dog specifically trained to perform physical tasks to mitigate the effects of a disability described in subsection (b)(2), except that the term does not include a dog specifically trained for comfort or personal defense.
added
Covered members and veterans— The term covered members and veterans means—
added
with respect to a member of the Armed Forces, such member who is—
added
receiving medical treatment, recuperation, or therapy under chapter 55 of title 10, United States Code;
added
in medical hold or medical holdover status; or
added
covered under section 1202 or 1205 of title 10, United States Code; and
added
with respect to a veteran, a veteran who is enrolled in the health care system established under section 1705(a) of title 38, United States Code.
Sec. 750I Sense of congress regarding maternal mortality review
addedadded It is the sense of Congress that—
added
maternal Mortality, and the racial disparities in the rates of pregnancy-related deaths in our country, presents a challenge to our Nation that requires a strong and uniform response across all parts of our society, including the military;
added
the Defense Department should be acknowledged for the efforts it has begun to address concerns about maternal mortality and severe morbidity among service members and dependents;
added
State maternal mortality review committees, which involve a multidisciplinary group of experts including physicians, epidemiologists, and others, have made significant advancements in identifying, characterizing, and providing a deeper understanding of the circumstances surrounding each maternal death, which can be helpful in designing effective public health responses to prevent future such deaths;
added
key to the work of such review committees is transparent, consistent, and comprehensive data collection regarding maternal deaths, the use of effective methods to ensure confidentiality protections and de-identification of any information specific to a reviewed case, information sharing with relevant stakeholders including access to the CDC’s National Death Index data and State death certificate data;
added
the Defense Department is encouraged to continue to work to establish a maternal mortality review committee which would conduct reviews of each death of a service member or dependent during pregnancy or childbirth involving a multidisciplinary group of experts including physicians, epidemiologists, patient advocates, civilians with experience with maternal mortality review committees and reviews of maternal mortality records, and other experts;
added
the Department should keep Congress regularly updated and informed, through reports and briefings on its efforts to set up the committee referenced in paragraph (5), any barriers to establishing such committee, and its overall efforts to address maternal mortality among service members and dependents, including its efforts to participate in the Alliance for Innovation on Maternal program or similar maternal health quality improvement initiatives.
Sec. 750J Report on lapses in TRICARE coverage for members of the National Guard and reserve components
added
added
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 appropriate congressional committees a report containing an analysis of each of the following:
added
Any lapses in coverage under the TRICARE program for a member of a reserve component that occurred during the 8-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.
added
The factors contributing to any such lapses, including—
added
technological factors, including factors relating to outdated systems;
added
human errors in processing changes in duty status; and
added
shortages in the level of administrative staffing of the National Guard.
added
How factors contributing to any such lapses were identified under paragraph (2) and whether actions have been taken to address the factors.
added
The effect of any such lapses on—
added
the delivery of health care benefits to members of the reserve components and the eligible dependents of such members; or
added
force readiness and force retention.
added
The parties responsible for identifying and communicating to a member of a reserve component issues relating to eligibility under the TRICARE program.
added
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.
added
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—
added
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
added
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).
added
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.
added
The actions necessary to prevent future occurrences of such lapses, including legislative actions.
added
Definitions— In this section:
added
The term “active service” has the meaning given that term in section 101(d) of title 10, United States Code.
added
The term “appropriate congressional committees” means the congressional defense committees (as defined in section 101(a) of title 10, United States Code) and the Committees on Veterans’ Affairs of the House of Representatives and the Senate.
added
The term “eligible dependent” means a dependent of a member of a reserve component—
added
described in subparagraph (A), (D), or (I) of section 1072(2) of title 10, United States Code; and
added
eligible for coverage under the TRICARE Program.
added
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.
added
The terms “TRICARE Prime” and “TRICARE program” have the meanings given those terms in section 1072 of title 10, United States Code.
added
The term “TRICARE Reserve Select” has the meaning given that term in section 1076d(f) of title 10, United States Code.
Sec. 750K Study and report on increasing telehealth services across Armed Forces
added
added
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:
added
Identification and evaluation of limitations and vulnerabilities of healthcare and medicine capabilities as they relate to telemedicine.
added
Identification and evaluation of essential technologies needed to achieve documented goals and capabilities of telehealth and associated technologies required to support sustainability.
added
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.
added
An analysis of telehealth programs, such as remote diagnostic testing and evaluation tools that contribute to the medical readiness of military medical providers.
added
Report— 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 study conducted under subsection (a).
Sec. 750L Study on joint deployment formulary
added
added
Study— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Health and Human Services, the Commissioner of Food and Drugs, and the heads of other departments and agencies of the Federal Government that the Secretary of Defense determines appropriate, shall submit to the appropriate congressional committees a report containing a study on the joint deployment formulary.
added
Elements— The study under subsection (a) shall include—
added
a list of the drugs and vaccines on the joint deployment formulary;
added
an identification of the active pharmaceutical ingredients of such drugs and vaccines and the components of such active pharmaceutical ingredients;
added
the country of origin of—
added
the active pharmaceutical ingredients;
added
the components of such ingredients; and
added
the source materials of such ingredients and components;
added
a list of each manufacturer of such drugs and vaccines that is owned, in whole or in part, by a foreign entity, including—
added
identification of each such foreign entity; and
added
the percentage of such ownership by each such foreign entity;
added
identification of any barriers, limitations, or constraints that may inhibit the ability of the Department of Defense to procure and sustain its supply of drugs and vaccines, including with respect to—
added
the Federal Acquisition Regulation;
added
applicable laws and regulations of the Federal Government; and
added
whether the raw materials can be found in the United States;
added
an identification of military partners and allies of the United States who could help manufacture such components and materials;
added
an assessment of the steps the Secretary of Defense is currently taking to mitigate any shortages of critical drugs and vaccines on the joint deployment formulary;
added
a description of how the Secretary of Defense coordinates with the Secretary of Health and Human Services, the Commissioner of Food and Drugs, the Secretary of Commerce, the Secretary of Veterans Affairs, and other applicable heads of departments and agencies of the Federal Government; and
added
if the Secretary is unable to provide any of the information under paragraphs (1) through (8), identification of any barriers in providing such information.
added
Form—
added
In general— The report submitted under subsection (a) shall be submitted in classified form and shall include an unclassified summary.
added
Protection of information— The Secretary of Defense—
added
shall ensure that the unclassified summary described in paragraph (1) protects proprietary information pursuant to the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation; and
added
may not disclose in such unclassified summary any information that is a trade secret under section 552(b)(4) of title 5, United States Code, or confidential information under section 1905 of title 18, United States Code.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the congressional defense committees;
added
the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate; and
added
any other committee of Congress the Secretary of Defense determines appropriate.
Sec. 752 Expansion of eligibility for readjustment counseling and related outpatient services from Department of Veterans Affairs to include members of reserve components of the Armed Forces
Readjustment counseling— Subsection (a)(1) of section 1712A of title 38, United States Code, is amended by adding at the end the following new subparagraph:
“(D)
“(i) The Secretary, in consultation with the Secretary of Defense, may furnish to any member of the reserve components of the Armed Forces who has a behavioral health condition or psychological trauma, counseling under subparagraph (A)(i), which may include a comprehensive individual assessment under subparagraph (B)(i).
“(ii) A member of the reserve components of the Armed Forces described in clause (i) shall not be required to obtain a referral before being furnished counseling or an assessment under this subparagraph.”
Outpatient services— Subsection (b) of such section is amended—
in paragraph (1)—
by inserting “to an individual” after “If, on the basis of the assessment furnished”; and
by striking “veteran” each place it appears and inserting “individual”; and
in paragraph (2), by striking “veteran” and inserting “individual”.
changed
Effective Date— The amendments made by this section shall take effect on the date that is one 1 year after the date of the enactment of this Act.
Sec. 755 Report on mental health and related services provided by Department of Veterans Affairs to members of the Armed Forces
changed
In general— Not later than one 1 year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the congressional defense committees and the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report that includes an assessment of the following:
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.
The number of members of the reserve components of the Armed Forces receiving telemental health care from the Department.
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.
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.
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.
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.
Sec. 756 Pilot program on sleep apnea among new recruits
added
added
Pilot program— The Secretary of Defense, acting through the Defense Health Agency, shall carry out a pilot program to determine the prevalence of sleep apnea among members of the Armed Forces assigned to initial training.
added
Participation—
added
Members— The Secretary shall ensure that the number of members who participate in the pilot program under subsection (a) is sufficient to collect statistically significant data for each military department.
added
Special rule— The Secretary may not disqualify a member from service in the Armed Forces by reason of the member being diagnosed with sleep apnea pursuant to the pilot program under subsection (a).
added
Process— The Secretary shall carry out the pilot program by testing members for sleep apnea using non-invasive methods over the course of 2 consecutive nights that allow for 6 to 8 hours of sleep.
Sec. 757 Report on research and studies on health effects of burn pits
addedadded The Secretary of Defense shall submit to the congressional defense committees and the Committees on Veterans’ Affairs of the House of Representatives and the Senate a detailed report on the status, methodology, and culmination timeline of all the research and studies being conducted to assess the health effects of burn pits. The report shall include an identification of any challenges and potential challenges with respect to completing such research and studies and recommendations to address such challenges.
Sec. 758 Mandatory training on health effects of burn pits
addedadded The Secretary of Defense shall provide to each medical provider of the Department of Defense mandatory training with respect to the potential health effects of burn pits.
Sec. 759 Inclusion of information on exposure to open burn pits in postdeployment health reassessments
added
added
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 independent and conspicuous question regarding exposure of members of the Armed Forces to open burn pits.
added
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.
added
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).
Sec. 760 Expansion of scope of Department of Veterans Affairs open burn pit registry to include open burn pits in Egypt and Syria
addedadded Section 201(c)(2) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note) is amended, in the matter before subparagraph (A), by striking “or Iraq” and inserting “, Iraq, Egypt, or Syria”.
Sec. 761 Pilot program on treatment of certain members of the Armed Forces impacted by traumatic brain injury and other associated health factors that influence long-term brain health and performance
added
added
Pilot program—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense may commence the conduct of a pilot program through the award of grants to carry out a comprehensive brain health and treatment program that provides coordinated, integrated, multidisciplinary specialist evaluations, treatment initiation, and aftercare coordination to members of the Army, Navy, Air Force, Marine Corps, and Space Force impacted by traumatic brain injury and other associated health factors that influence long-term brain health and performance.
added
Elements—
added
Evaluations— Multidisciplinary specialist evaluations under paragraph (1) shall include evaluations in the following specialties:
added
Brain injury medicine.
added
Neuropsychology.
added
Clinical psychology.
added
Psychiatry.
added
Neuroendocrinology.
added
Sports medicine.
added
Muscular skeletal and vestibular physical therapy.
added
Neuroimaging.
added
Hormonal evaluation.
added
Metabolic testing.
added
Cardiovascular testing.
added
Cerebrovascular testing.
added
Treatment— Treatment under paragraph (1) shall include the following:
added
Headache treatment.
added
Sleep interventions and medication.
added
Injection-based therapies for musculoskeletal pain.
added
Cognitive rehabilitation.
added
Vestibular physical therapy.
added
Exercise programming.
added
Eligible individuals— An individual is eligible to participate in the pilot program under this section if the individual—
added
is a member of the Army, Navy, Air Force, Marine Corps, or Space Force who served on active duty; and
added
experienced an incident for which treatment may be sought under the pilot program while performing—
added
active service; or
added
active Guard and Reserve duty.
added
Maximum amount of grants— In accordance with the services being provided under a grant under this section and the duration of those services, the Secretary shall establish a maximum amount to be awarded under the grant that is not greater than $750,000 per grantee per fiscal year.
added
Requirements for receipt of financial assistance—
added
Notification that services are from department— Each entity receiving financial assistance under this section to provide services to eligible individuals and their family shall notify the recipients of such services that such services are being paid for, in whole or in part, by the Department.
added
Coordination with other services from department— Each entity receiving a grant under this section shall coordinate with the Secretary with respect to the provision of clinical services to eligible individuals in accordance with any other provision of law regarding the delivery of healthcare under the laws administered by the Secretary.
added
Measurement and monitoring— Each entity receiving a grant under this section shall submit to the Secretary a description of the tools and assessments the entity uses or will use to determine the effectiveness of the services furnished by the entity under this section, including the effect of those services on—
added
the financial stability of eligible individuals receiving those services;
added
the mental health status, well-being, and suicide risk of those eligible individuals; and
added
the social support of those eligible individuals.
added
Reports— The Secretary—
added
shall require each entity receiving financial assistance under this section to submit to the Secretary an annual report that describes the projects carried out with such financial assistance during the year covered by the report, including the number of eligible individuals served;
added
shall specify to each such entity the evaluation criteria and data and information, which shall include a mental health, well-being, and suicide risk assessment of each eligible individual served, to be submitted in such report; and
added
may require such entities to submit to the Secretary such additional reports as the Secretary considers appropriate.
added
Termination— The Secretary may not conduct the pilot program under this section after the date that is 3 years after the date of the enactment of this Act.
added
Report— Not later than 180 days after the date on which the pilot program under this section terminates, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the effectiveness of the pilot program.
added
Definitions— In this section, the terms “active duty”, “active Guard and Reserve duty”, and “active service” have the meanings given those terms in section 101 of title 10, United States Code.
Sec. 807 Alternative Space Acquisition System for the United States Space Force
Milestone decision authority for major defense acquisition programs and major systems—
Program executive officer— The Secretary of the Air Force may assign an appropriate program executive officer as the milestone decision authority for major defense acquisition programs of the United States Space Force.
Program manager— The program executive officer assigned under paragraph (1) may delegate authority over major systems to an appropriate program manager.
Alternative Space Acquisition System—
In general— The Secretary of Defense shall take such actions necessary to develop an acquisition pathway within the Department of Defense to be known as the “Alternative Space Acquisition System” that is specifically tailored for space systems and programs in order to achieve faster acquisition and more rapid fielding of critical systems (including by using new commercial capabilities and services), while maintaining accountability for effective programs that are delivered on time and on budget.
Goal— The goal of the Alternative Space Acquisition System shall be to quickly and effectively acquire space warfighting capabilities needed to address the requirements of the national defense strategy (as defined under section 113(g) of title 10, United States Code).
Report— Not later than January 15, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the Alternative Space Acquisition System that includes the following:
Proposed United States Space Force budget line items for fiscal year 2022, including—
a comparison with budget line items for major defense acquisition programs and major systems of the United States Space Force for three previous fiscal years; and
changed
measures to ensure sufficient transparency related to the performance of the Alternative Space Acquisition System and opportunities to oversee funding priorities for the Alternative Space Acquisition System;System.
changed
Proposed revised, flexible, and streamlined options for joint requirements validation in order to be more responsive and innovative, while ensuring the ability of the Joint Chiefs of Staff to ensure top-level system requirements are properly prioritized to address joint warfighting needs;needs.
A list of acquisition programs of the United States Space Force for which multiyear procurement authorities are recommended.
A list of space acquisition programs that may be able to use existing alternative acquisition pathways.
changed
Policies for a new Alternative Space Acquisition System with specific acquisition key decision points and reporting requirements for development, fielding, and sustainment activities that meets the requirements of the adaptive acquisition framework (as described in Department of Defense Instruction 5000.02, “Operation of the Adaptive Acquisition Framework”);Framework”).
Updated determination authority for procurement of useable end items that are not weapon systems.
Policies and a governance structure for a separate United States Space Force budget topline, corporate process, and portfolio management process.
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.
changed
Comptroller General Review— Not later than 60 days after the submission of the report required under subsection (b)(3), the Comptroller General of the United States shall review such report and submit to the congressional defense committees an analysis and recommendations based on such report .report.
Definitions— In this section:
Major defense acquisition program— The term major defense acquisition program has the meaning given in section 2430 of title 10, United States Code.
Major system— The term major system has the meaning given in section 2302 of title 10, United States Code.
Milestone decision authority— The term milestone decision authority has the meaning given in section 2431a of title 10, United States Code.
Program executive officer; program manager— The terms program executive officer and program manager have the meanings given those terms, respectively, in section 1737 of title 10, United States Code.
Sec. 813 Contractor whistleblower protections relating to nondisclosure agreements
Department of Defense contractors—
In general— Section 2409(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
“(4) This section applies to any disclosure made by an employee of a contractor, subcontractor, grantee, or subgrantee or personal services contractor whether or not such employee has signed, or is subject to, a nondisclosure policy, form, or agreement with such contractor, subcontractor, grantee, or subgrantee or personal services contractor.”
Notification of employees— Section 2409(d) of title 10, United States Code, is amended—
by striking “inform” and inserting “submit to the Secretary or Administrator (as applicable) a certification stating that such contractor or subcontrator has informed”; and
by inserting “(including the applicability of such rights and remedies if such an employee has signed, or is subject to, a nondisclosure policy, form, or agreement)” after “under this section”.
Application— With respect to a nondisclosure policy, form, or agreement between a covered contractor and a covered employee that was in effect before the effective date of this Act, paragraph (4) of section 2409(a) of title 10, United States Code, as added by paragraph (1), shall apply if a covered contractor has provided notice to a covered employee of the rights and remedies of the covered employee relating to a nondisclosure policy, form, or agreement under section 2409(d) of such title, as amended by paragraph (2).
Website update— The Inspector General of the Department of Defense and the Inspector General of the National Aeronautics and Space Administration shall update any relevant websites to include information about this subsection and the amendments made by this subsection.
Definitions— In this subsection:
Covered contractor— The term “covered contractor” means a contractor, grantee, or personal services contractor of the Department of Defense or the National Aeronautics and Space Administration.
Covered employee— The term “covered employee” means an employee of a covered contractor or a subcontractor or subgrantee of a covered contractor.
Other Government contractors—
In general— Section 4712(a) of title 41, United States Code, is amended by adding at the end the following new paragraph:
“(4) Effect of a nondisclosure policy, form, or agreement—This section applies to any disclosure made by an employee of a contractor, subcontractor, grantee, or subgrantee or personal services contractor whether or not such employee has signed, or is subject to, a nondisclosure policy, form, or agreement with such contractor, subcontractor, grantee, or subgrantee or personal services contractor.”
Notification of employees— Section 4712(d) of title 41, United States Code, is amended—
changed
by striking “inform” and inserting “submit to the applicable head of each executive agency a certification stating that such contractor or subcontrator subcontractor has informed”; and
by inserting “(including the applicability of such rights and remedies if such an employee has signed, or is subject to, a nondisclosure policy, form, or agreement)” after “under this section”.
Application— With respect to a nondisclosure policy, form, or agreement between a covered contractor and a covered employee that was in effect before the effective date of this Act, paragraph (4) of section 4712(a) of title 41, United States Code, as added by paragraph (1), shall apply if a covered contractor has provided notice to a covered employee of the rights and remedies of the covered employee relating to a nondisclosure policy, form, or agreement under section 4712(d) of such title, as amended by paragraph (2).
Website update— Each Inspector General (as defined in section 4712(g) of title 41, United States Code) shall update any relevant websites to include information about this subsection and the amendments made by this subsection.
Definitions— In this subsection:
Covered contractor— The term “covered contractor” means a contractor, grantee, or personal services contractor for a Federal contract or grant (as defined for purposes of division C of title 41).
changed
Covered employee— The term “covered employee” means an employee of a covered contractor or a subcontractor (at any tier) or subgrantee (at any tier) of a covered contractor.
Notification and remedies—
Notification— A covered contractor shall inform the contracting officer responsible for any contracts of such covered contractor—
if a person engaged in the performance of any such contract has been subjected to a reprisal prohibited by section 2409(a) of title 10, United States Code, or section 4712(a) of title 41, United States Code, where such reprisal has been substantiated;
any investigation of a complaint relating to any such contract conducted by an Inspector General pursuant to section 2409(b) of title 10, United States Code, or section 4712(b) of title 41, United States Code; and
any action taken by a covered contractor or a covered employee for any such contract to address a substantiated reprisal described in subparagraph (A).
Remedies— In addition to other remedies available, if a covered contractor fails to comply with the requirements of paragraph (1), the relevant head of a Federal agency may—
require the covered contractor to prohibit a covered employee from performing a contract if such covered employee has violated section 2409(a) of title 10, United States Code, or section 4712(a) of title 41, United States Code;
require the covered contractor to terminate a subcontract if the subcontractor for such subcontract has violated such sections;
suspend payments to a covered contractor until such covered contractor has taken appropriate remedial action.
Definitions— In this subsection:
Covered contractor— The term “covered contractor” means—
with respect to a contract of the Department of Defense or the National Aeronautics and Space Administration, a contractor, grantee, or personal services contractor; and
with respect to a Federal contract or grant (as defined for purposes of division C of title 41), a contractor, grantee, or personal services contractor for such a Federal contract or grant.
changed
Covered employee— The term “covered employee” means an employee of a covered contractor or a subcontractor (at any tier) or subgrantee (at any tier) of a covered contractor.
Training— The Administrator of the Office of Federal Procurement Policy shall update any required training for Federal employees responsible for contract oversight relating to—
contracting certification requirements;
processes for receiving a complaint from a person alleging discrimination as a reprisal for disclosing information under section 2409(a) of title 10, United States Code, or section 4712(a) of title 41, United States Code; and
prohibitions on contracting with entities that require confidentiality agreements.
added
Clarification of whistleblower protection for subcontractors and subgrantees—
added
Department of Defense contractors— Section 2409 of title 10, United States Code, is amended—
added
in subsection (a)(2)(G), by striking “or subcontractor” and inserting “subcontractor, grantee, or subgrantee”;
added
in subsection (b)(1), by striking “to the person” and all that follows through the period at the end and inserting
added “(A) the person;
added “(B) the contractor, subcontractor, grantee, or subgrantee concerned; and
added “(C) the head of the agency.”
added
in subsection (c)—
added
in paragraph (1)—
added
in the matter preceding subparagraph (A), by striking “contractor” and inserting “contractor, subcontractor, grantee, or subgrantee”; and
added
in subparagraphs (A), (B), and (C), by striking “contractor” and inserting “contractor, subcontractor, grantee, or subgrantee concerned”; and
added
in paragraph (2), by striking “contractor” and inserting “contractor, subcontractor, grantee, or subgrantee (as applicable)”;
added
in subsection (d), by striking “and subcontractors” and inserting “subcontractors, grantees, and subgrantees”; and
added
in subsection (g), by adding at the end the following new paragraphs:
added “(8) The term “subgrantee” includes a subgrantee at any tier.
added “(9) The term “subcontractor” includes a subcontractor at any tier.”
added
Other Government contractors— Section 4712 of title 41, United States Code, is amended—
added
in subsection (a)(2)(G), by striking “or grantee” and inserting “grantee, or subgrantee”;
added
in subsection (b)(1), by striking “to the person” and all that follows through the period at the end and inserting
added “(A) the person;
added “(B) the contractor, subcontractor, grantee, or subgrantee concerned; and
added “(C) the head of the agency.”
added
in subsection (c)—
added
in paragraph (1)—
added
in the matter preceding subparagraph (A), by striking “contractor or grantee” and inserting “contractor, subcontractor, grantee, or subgrantee”; and
added
in subparagraphs (A), (B), and (C), by striking “contractor or grantee” and inserting “contractor, subcontractor, grantee, or subgrantee concerned”; and
added
in paragraph (2), by striking “contractor or grantee” and inserting “contractor, subcontractor, grantee, or subgrantee (as applicable)”;
added
in subsection (d), by striking “and grantees” and inserting “grantees, and subgrantees”; and
added
in subsection (g), by adding at the end the following new paragraphs:
added “(3) The term “subgrantee” includes a subgrantee at any tier.
added “(4) The term “subcontractor” includes a subcontractor at any tier.”
Sec. 820 Documentation pertaining to commercial item determinations
addedadded Section 2380 of title 10, United States Code, is amended by—
added
redesignating subsection (b) as subsection (c); and
added
inserting after subsection (a) the following new subsection:
added “(b) Determinations regarding the commercial nature of products or services
added “(1) In general—A contracting officer of the Department of Defense shall make a binding determination whether a particular product or service offered by a contractor meets the definition of a commercial product or commercial service. The contracting officer may seek the advice of the cadre of experts established pursuant to section 831(b)(2) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1842; 10 U.S.C. 2306a note), or request the cadre of experts to make a determination that a product or service is a commercial product or commercial service.
added “(2) Memorandum—Within 30 days after making a determination that a product or service is a commercial product or commercial service, the contracting officer shall submit a written memorandum summarizing the determination, consistent with the template in Appendix B of the Department of Defense Guidebook for Acquiring Commercial Items (issued January 2018 and revised July 2019), to—
added “(A) the Director of the Defense Contract Management Agency for inclusion in any database established to fulfill the requirements of subsection (a)(2); and
added “(B) the contractor asserting the commercial nature of the product or service.”
Sec. 820A Guidelines and resources on the acquisition or licensing of intellectual property
addedadded Section 2322 of title 10, United States Code, is amended by adding at the end the following new subsection:
added “(c) Guidelines and resources
added “(1) In general—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall develop guidelines and resources on the acquisition or licensing of intellectual property, including—
added “(A) model forms for specially negotiated licenses described under section 2320(f) (as appropriate); and
added “(B) an identification of definitions, key terms, examples, and case studies that resolve ambiguities in the differences between—
added “(i) detailed manufacturing and process data;
added “(ii) form, fit, and function data; and
added “(iii) data required for operations, maintenance, installation, and training.
added “(2) Consultation—In developing the guidelines and resources described in paragraph (1), the Secretary shall regularly consult with appropriate stakeholders, including large and small businesses, traditional and non-traditional contractors (including subcontractors), and maintenance repair organizations.”
Sec. 820B Requirements concerning former Department of Defense officials and lobbying activities
added
added
Requirements—
added
In general— Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section:
added “2410t. Defense contractors report: requirements concerning former Department of Defense officials and lobbying activities
added “(a) In general—Each contract for the procurement of goods or services in excess of $10,000,000, other than a contract for the procurement of commercial products or commercial services, that is entered into by the Secretary of Defense shall include a provision under which the contractor agrees to submit to the Secretary of Defense, not later than April 1 of each year such contract is in effect, a written report setting forth the information required by subsection (b).
added “(b) Report contents—Except as provided in subsection (c), a report by a contractor under subsection (a) shall—
added “(1) list the name of each person who—
added “(A) is a former officer or employee of the Department of Defense or a former or retired member of the armed forces who served—
added “(i) in an Executive Schedule position under subchapter II of chapter 53 of title 5;
added “(ii) in a position in the Senior Executive Service under subchapter VIII of chapter 53 of title 5;
added “(iii) in a position compensated at a rate of pay for grade O–6 or above under section 201 of title 37; or
added “(iv) as a program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for such a contract; and
added “(B) during the preceding calendar year was provided compensation by the contractor, if such compensation was first provided by the contractor not more than four years after such former officer or employee of the Department of Defense, or such former or retired member of the armed forces, left service in the Department of Defense;
added “(2) in the case of each person listed under paragraph (1)(A)—
added “(A) identify the department or entity in which such person was employed or served on active duty during the last two years of such person's service with the Department of Defense;
added “(B) state such person's job title and identify any project on which such person performed any work or for which such person provided any goods pursuant to a contract with the Department of Defense during the last two years of such person's service with the Department; and
added “(C) state such person's current job title with the contractor and identify each project on which such person has performed any work or for which such person provided any goods on behalf of the contractor; and
added “(3) if the contractor is a client, include—
added “(A) a statement that—
added “(i) lists each specific issue for which the contractor, any employee of the contractor, or any lobbyist paid by the contractor engaged in lobbying activities directed at the Department of Defense; and
added “(ii) specifies the Federal rule or regulation, Executive order, or other program, policy, contract, or position of the Department of Defense to which the lobbying activities described in clause (i) related;
added “(iii) lists each lobbying activity directed at the Department of Defense that the contractor, any employee of the contractor, or any lobbyist paid by the contractor has engaged in on behalf of the contractor, including—
added “(I) each document prepared by the contractor, any employee of the contractor, or any lobbyist paid by the contractor that was submitted to an officer or employee of the Department of Defense by the lobbyist;
added “(II) each meeting that was a lobbying contact with an officer or employee of the Department of Defense, including the subject of the meeting, the date of the meeting, and the name and position of each individual who attended the meeting;
added “(III) each phone call made to an officer or employee of the Department of Defense that was a lobbying contact, including the subject of the phone call, the date of the phone call, and the name and position of each individual who was on the phone call; and
added “(IV) each electronic communication sent to an officer or employee of the Department of Defense that was a lobbying contact, including the subject of the electronic communication, the date of the electronic communication, and the name and position of each individual who received the electronic communication;
added “(iv) lists the name of each employee of the contractor who—
added “(I) did not participate in a lobbying contact with an officer or employee of the Department of Defense; and
added “(II) engaged in lobbying activities in support of a lobbying contact with an officer or employee of the Department of Defense; and
added “(v) describes the lobbying activities referred to in clause (iv)(II); and
added “(B) a copy of any document transmitted to an officer or employee of the Department of Defense in the course of the lobbying activities described in subparagraph (A)(iv)(II).
added “(c) Duplicate information not required—An annual report submitted by a contractor pursuant to subsection (b) need not provide information with respect to any former officer or employee of the Department of Defense or former or retired member of the armed forces if such information has already been provided in a previous annual report filed by such contractor under this section.
added “(d) Public access to reports—The Secretary of Defense shall make any report described under subsection (a) publicly available on a website of the Department of Defense not later than 45 days after the receipt of such report.
added “(e) Definitions—In subsection (b)(3), the terms client, lobbying activities, lobbying contact, and lobbyist have the meanings given the terms in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603).”
added
Clerical amendment— The table of sections at the beginning of chapter 141 of such title is amended by adding at the end the following new item:
added
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 contracts entered into on or after that date.
Sec. 820C Commercial product determination applies to components and support services
addedadded Section 2306a(b)(4) of title 10, United States Code, is amended—
added
in subparagraph (A), by striking “subsequent procurements of such product or service” and inserting:
added “(i) the commercial product;
added “(ii) a component of the commercial product;
added “(iii) a service for maintenance or repair of the commercial product; or
added “(iv) the commercial service.”
added
in subparagraph (B)—
added
by striking “request a review” and inserting the following: “provide a detailed explanation for not making the presumption described in subsection (A) along with a request for a review”; and
added
by adding at the end the following: “When conducting such review, the head of the contracting activity may consider evidence of the commercial nature of the product or service under review that is provided by an offeror.”
Sec. 822 Expansion on the prohibition on acquiring certain metal products
In general— Section 2533c of title 10, United States Code, is amended—
in subsection (a)(1), by striking “material melted” and inserting “material mined, refined, separated, melted,”; and
in subsection (c)(3)(A)(i), by striking “tungsten” and inserting “covered material”.
changed
Effective date— The amendments made by subsection (a) shall take effect on the date that is three 3 years after the date of the enactment of this Act.
Sec. 824 Preference for sourcing rare earth materials from the national technology and industrial base
added
In general— The Secretary of Defense shall, to the maximum extent practicable, acquire materials that are determined to be strategic and critical materials required to meet the defense, industrial, and essential civilian needs of the United States in the following order of preference:
removed
The Secretary of Defense shall, to the maximum extent practicable, acquire materials that are determined to be strategic and critical materials required to meet the defense, industrial, and essential civilian needs of the United States in the following order of preference:
renumbered
was (3)
From sources located within the United States.
renumbered
was (4)
From sources located within the national technology and industrial base (as defined in section 2500 of title 10, United States Code).
renumbered
was (5)
From other sources as appropriate.
added
Eliminate dependency on China— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Under Secretary of Defense (Comptroller), the Vice Chairman of the Joint Chiefs of Staff, and the appropriate Under Secretary of State, as designated by the Secretary of State, shall issue guidance to ensure the elimination of the dependency of the United States on rare earth materials from China by fiscal year 2035.
Sec. 825 Enhanced domestic content requirement for major defense acquisition programs
Assessment required—
changed
In general— Not later than one 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report assessing the domestic source content of any procurement carried out in connection with major defense acquisition programs.
Information repository— The Secretary of Defense shall establish an information repository for the collection and analysis of information related to domestic source content that can be used for continuous data analysis and program management activities.
Enhanced domestic content requirement—
In general— For purposes of chapter 83 of title 41, United States Code, manufactured articles, materials, or supplies procured in connection with a major defense acquisition program shall be deemed to be manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, if such component articles, materials, or supplies—
not later than October 1, 2021, comprise 75 percent of the manufactured articles, materials, or supplies;
not later than October 1, 2022, comprise 80 percent of the manufactured articles, materials, or supplies;
not later than October 1, 2023, comprise 85 percent of the manufactured articles, materials, or supplies;
not later than October 1, 2024, comprise 90 percent of the manufactured articles, materials, or supplies;
not later than October 1, 2025, comprise 95 percent of the manufactured articles, materials, or supplies; and
not later than October 1, 2026, comprise 100 percent of the manufactured articles, materials, or supplies.
Waiver— Before Milestone A approval (as defined in section 2366a(d) of title 10, United States Code) is granted for a major defense acquisition program, the Secretary of Defense shall determine whether or not to grant a waiver of the requirements of paragraph (1).
Effective date— The domestic content requirement under paragraph (1) applies to contracts entered into on or after October 1, 2021.
Major defense acquisition program defined— In this section, the term major defense acquisition program has the meaning given in section 2430 of title 10, United States Code.
Sec. 826 Additional requirements pertaining to printed circuit boards
Purchases— Beginning in fiscal year 2023, the Secretary of Defense shall require that any contractor or subcontractor that provides covered printed circuit boards for use by the Department of Defense to certify that, of the total value of the covered printed circuit boards provided by such contractor or subcontractor pursuant to a contract with the Department of Defense, not less than the percentages set forth in subsection (b) were manufactured and assembled within a covered country.
Implementation— In making a certification under subsection (a), a contractor or subcontractor shall use the following percentages:
During fiscal years 2023 through 2027, the greater of—
50 percent; or
75 percent, if the Secretary of Defense has determined that suppliers in covered countries are capable of supplying 75 percent of Department of Defense requirements for printed circuit boards.
During fiscal years 2028 through 2032, the greater of—
75 percent; or
100 percent, if the Secretary of Defense has determined that suppliers in covered countries are capable of supplying 100 percent of Department of Defense requirements for printed circuit boards.
Beginning in fiscal year 2033, 100 percent.
Remediation—
changed
In general— In the event that a contractor or subcontractor is unable to make the certification required under subsection (a), the Secretary may accept covered printed circuit boards from such contractor or subcontractor for up to one 1 year while requiring the contractor to complete a remediation plan. Such a plan shall be submitted to the congressional defense committees and shall require the contractor or subcontractor that failed to make the certification required under subsection (a) to—
audit its supply chain to identify any areas of security vulnerability and noncompliance with section 224 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92); and
changed
meet the requirements of subsection (a) within one 1 year after the initial missed certification deadline.
changed
Restriction— No contractor or subcontractor that has supplied covered printed circuit boards while under a remediation plan shall be eligible to enter into another remediation plan under subsection (c) for a period of five 5 years.
Waiver— The Secretary of Defense may waive the requirement under subsection (a) with respect to a contractor or subcontractor if the Secretary determines that—
there are no significant national security concerns regarding counterfeiting, quality, or unauthorized access created by accepting covered printed circuit boards under such waiver; and
the contractor is otherwise in compliance with all relevant cybersecurity provisions relating to members of the defense industrial base, including section 224 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
Availability exception— Subsection (a) shall not apply to the extent that the Secretary of Defense or the Secretary of the military department concerned determines that covered printed circuit boards of satisfactory quality and sufficient quantity, in the required form, cannot be procured as and when needed from covered countries.
Definitions— In this section:
Covered country— The term “covered country” means—
the United States; or
a foreign country whose government has a memorandum of understanding or agreement with the United States that—
where applicable, complies with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with section 2457 of title 10, United States Code; and
either—
requires the United States to purchase supplies from foreign sources for the purposes of offsetting sales made the by United States Government or United States firms under approved programs serving defense requirements; or
under which the United States and such government agree to remove barriers to purchase supplies produced in such foreign country or services performed by sources of such foreign country.
Covered printed circuit board—
In general— The term “covered printed circuit board” means any printed circuit board that is—
a product that is not a commercial product (as defined in section 103 of title 41, United States Code); or
a commercial product (as defined in section 103 of title 41, United States Code), other than a commercially available off-the-shelf item (as defined in section 104 of title 41, United States Code) not described in subparagraph (B).
Commercially available off-the-shelf items described— The commercially available off-the-shelf items (as defined in section 104 of title 41, United States Code) described in this subparagraph are such items that are acquired under a contract with an award value that is greater than the micro-purchase threshold under section 2338 of title 10, United States Code, for use as an integral component in a system designed for—
telecommunications, including data communications and fifth-generation cellular communications;
data storage;
medical applications;
networking;
computing;
radar;
munitions; or
any other system that the Secretary of Defense determines should be covered under this section.
Subcontractor— The term “subcontractor” includes subcontractors at any tier.
Sec. 828 Sense of Congress on the prohibition on certain telecommunications and video surveillance services or equipment
Findings— Congress finds the following:
Prohibiting the use of telecommunications and video surveillance products or services from certain Chinese entities within the Federal Government’s supply chain is essential to our national security.
Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1917; 41 U.S.C. note prec. 3901) restricts Federal agencies from procuring, contracting with entities that use, or funding the purchase of certain telecommunications products of Chinese companies determined by Congress to pose a substantial threat to the security of our communication infrastructure.
Specifically, section 889(a)(1)(B) of such Act, effective August 13, 2020, will prohibit Federal agencies from entering into, extending, or renewing a contract with an entity that uses covered telecommunications and video surveillance equipment or services from designated Chinese companies, including Huawei and ZTE, in their supply chains.
As of July 1, 2020, the Federal Acquisition Regulatory Council has yet to release a draft rule for public comment on the implementation of the prohibitions described in section 889(a)(1)(B) of such Act, leaving Federal agencies and contractors that provide equipment and services to the Federal Government without implementation guidance necessary to adequately plan for or comply with the prohibitions.
Belated, and then hurried, implementation of this critical prohibition puts at risk the Federal Government’s ability to acquire essential goods and services and increases vulnerability in the supply chain through inconsistent implementation.
changed
A senior Department of Defense leader testified on June 10, 2020, that, “I am very concerned about being able to implement [the prohibition] in August, as well as totally comply within two years … * * * I believe we need more time”.
Subsequent to the enactment of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), Congress established the Federal Acquisition Security Council (FASC)—comprised of senior officials from the Office of Management and Budget, General Services Administration, Department of Defense, Department of Homeland Security and the intelligence community—to streamline the Federal Government’s supply chain risk management efforts and develop criteria and processes for supply chain information sharing among executive agencies.
Sense of Congress— It is the sense of Congress that—
successful implementation of the prohibition on using or procuring certain telecommunications and video surveillance equipment under section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1917; 41 U.S.C. note prec. 3901) is critical to protecting the supply chain of the Federal Government, and Federal agencies should draw upon the expert resources available (such as the Federal Acquisition Security Council established under subchapter III of chapter 13 of title 41, United States Code) to ensure implementation of such prohibition is done in a comprehensive and deliberative manner; and
the Federal Acquisition Regulatory Council shall ensure successful implementation of such prohibition by providing sufficient time for public comment and review of any related rulemaking.
Sec. 829 Domestic sourcing requirements for aluminum
added
added
Finding— Congress finds that aluminum production capacity in the United States is critical to United States national security.
added
Designation of aluminum as specialty metal— Section 2533b(l) of title 10, United States Code, is amended by adding at the end the following new paragraph:
added “(5) Aluminum and aluminum alloys.”
added
Federal Highway Administration— Section 313(a) of title 23, United States Code, is amended by striking “unless steel, iron, and manufactured products” and inserting “unless steel, iron, aluminum, and manufactured products”.
added
Federal Transit Administration— Section 5323(j) of title 49, United States Code, is amended—
added
in paragraph (1), by striking “only if the steel, iron, and manufactured goods” and inserting “only if the steel, iron, aluminum, and manufactured goods”;
added
in paragraph (2)(B), by striking “steel, iron, and goods” and inserting “steel, iron, aluminum, and manufactured goods”;
added
in paragraph (5), by striking “or iron” and inserting “, iron, or aluminum”;
added
in paragraph (6)(A)(i), by inserting “, aluminum” after “iron”;
added
in paragraph (10), by inserting “, aluminum” after “iron”; and
added
in paragraph (12)—
added
in the paragraph heading, by striking “and iron” and inserting “, iron, and aluminum”; and
added
by striking “and iron” and inserting “, iron, and aluminum”.
added
Federal Railroad Administration— Section 22905(a) of title 49, United States Code, is amended—
added
in paragraph (1), by striking “only if the steel, iron, and manufactured goods” and inserting “only if the steel, iron, aluminum, and manufactured products”;
added
in paragraph (2)(B), by inserting “, aluminum” after “iron”; and
added
in paragraph (9), by inserting “, aluminum” after “iron”.
added
Federal Aviation Administration— Section 50101(a) of title 49, United States Code, is amended by striking “steel and manufactured goods” and inserting “steel, aluminum, and manufactured goods”.
added
Amtrak— Section 24305(f)(2) of title 49, United States Code, is amended by inserting “(including aluminum)” after “supplies” each place it appears.
Sec. 830 Report on aluminum refining, processing, and manufacturing
added
added
Sense of congress— It is the sense of Congress that, consistent with any determinations made pursuant to section 101 of the Defense Production Act of 1950 (50 U.S.C. 4511), the refining of aluminum and the development of processing and manufacturing capabilities for aluminum, including a geographically diverse set of such capabilities, may have important implications for the defense industrial base and the national defense.
added
Report— Not later than September 30, 2021, the Secretary of Defense shall submit to the appropriate congressional committees a report on—
added
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
added
whether a new initiative would further the development of such processing and manufacturing capabilities for aluminum.
added
Definitions— In this section:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the Committees on Armed Services of the Senate and the House of Representatives; and
added
the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.
added
National defense— The term “national defense” shall have the same meaning as such term under section 702 of the Defense Production Act of 1950 (50 U.S. C. 4552).
Sec. 830A Briefing on the supply chain for small unmanned aircraft system components
added
added
Briefing required— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Administrator of the National Aeronautics and Space Administration, shall provide to the appropriate congressional committees a briefing on the supply chain for small unmanned aircraft system components, including a discussion of current and projected future demand for small unmanned aircraft system components.
added
Elements— The briefing under subsection (a) shall include the following:
added
The sustainability and availability of secure sources of critical components domestically and from sources in allied and partner nations.
added
The cost, availability, and quality of secure sources of critical components and other relevant information domestically and from sources in allied and partner nations.
added
The plan of the Department of Defense to address any gaps or deficiencies presented in paragraphs (1) and (2), including through the use of funds available under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) and partnerships with the National Aeronautics and Space Administration and other public and private stakeholders.
added
Such other information as the Under Secretary of Defense for Acquisition and Sustainment determines to be appropriate.
added
Definitions— In this section:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the congressional defense committees;
added
the Committee on Science, Space, and Technology and the Committee on Transportation and Infrastructure of the House of Representatives; and
added
the Committee on Commerce, Science, and Transportation of the Senate.
added
Small unmanned aircraft; unmanned aircraft system— The terms “small unmanned aircraft” and “unmanned aircraft system” have the meanings given, respectively, in section 44801 of title 49, United States Code.
Sec. 830B Prohibition on procurement or operation of foreign-made unmanned aircraft systems
added
added
Prohibition on procurement—
added
In general— Except as otherwise provided in this subsection, the head of an executive agency may not procure any commercial off-the-shelf drone or covered unmanned aircraft, or any component thereof for use in such a drone or unmanned aircraft, that is manufactured or assembled by a covered foreign entity, including any flight controllers, radios, core processors, printed circuit boards, cameras, or gimbals.
added
Exemption— The Secretary of Homeland Security and the Secretary of Defense are exempt from the requirements of paragraph (1) if the operation or procurement—
added
is for the purposes of training, testing, or analysis for—
added
counter-UAS system surrogate intelligence;
added
electronic warfare; or
added
information warfare operations; and
added
is required in the national interest of the United States.
added
Procurement of printed circuit boards—
added
In general— Beginning in fiscal year 2023, the head of an executive agency shall require that any contractor or subcontractor that provides printed circuit boards for use in covered unmanned aircraft or commercial off-the-shelf drones to certify that, of the total value of the printed circuit boards provided by such contractor or subcontractor pursuant to a contract with an executive agency, not more than the percentages set forth in subparagraph (B) were manufactured and assembled by a covered foreign entity.
added
Percentages— In making a certification under subsection (a), a contractor or subcontractor shall use the following percentages:
added
During fiscal years 2023 through 2027, the lesser of—
added
50 percent; or
added
25 percent, if the relevant head of an executive agency has determined that suppliers other than covered foreign entities are capable of supplying 75 percent of the requirements of the executive agency for printed circuit boards.
added
During fiscal years 2028 through 2032, the lesser of—
added
25 percent; or
added
0 percent, if the relevant head of an executive agency has determined that suppliers other than covered foreign entities are capable of supplying 100 percent the requirements of the executive agency for printed circuit boards.
added
Remediation—
added
In general— If a contractor or subcontractor is unable to make the certification required under subparagraph (A), the head of an executive agency may accept printed circuit boards from such contractor or subcontractor for up to 1 year while requiring the contractor to complete a remediation plan. Such plan shall be submitted to Congress and shall require the contractor or subcontractor that failed to make the certification required under subparagraph (A) to—
added
audit its supply chain to identify any areas of security vulnerability; and
added
meet the requirements of subparagraph (A) within 1 year after the initial missed certification deadline.
added
Restriction— No contractor or subcontractor that has supplied printed circuit boards while under a remediation plan shall be eligible to enter into another remediation plan under subparagraph (C) for a period of 5 years.
added
Waiver— The head of an executive agency may waive the requirement under subparagraph (A) with respect to a contractor or subcontractor if the head of an executive agency determines that—
added
there are no significant national security concerns regarding counterfeiting, quality, or unauthorized access created by accepting printed circuit boards under such waiver; and
added
the contractor is otherwise in compliance with all cybersecurity requirements applicable to such contractor under Federal laws or regulations.
added
Availability exception— Subparagraph (A) shall not apply to the extent that the head of an executive agency determines that printed circuit boards of satisfactory quality and sufficient quantity, in the required form, cannot be procured as and when needed from entities that are not covered foreign entities.
added
Waiver— The head of an executive agency may waive the prohibition under paragraph (1), except with respect to a contract to procure printed circuit boards for use in covered unmanned aircraft or commercial off-the-shelf drones, on a case-by-case basis with the approval of the Secretary of Homeland Security or the Secretary of Defense and notification to Congress.
added
Component prohibition applicability— Except as otherwise provided in this subsection, the prohibition under paragraph (1) regarding components of commercial off-the-shelf drones or covered unmanned aircraft shall apply only to contracts for the procurement of such components that are entered into on or after the date that is 2 years after the date of the enactment of this Act.
added
Prohibition on operation—
added
Prohibition—
added
In general— Beginning not later than 180 days after the date of the enactment of this Act, the head of an executive agency may not operate a commercial off-the-shelf drone or covered unmanned aircraft manufactured or assembled by a covered foreign entity.
added
Phase-in period for existing contracts— The prohibition under subparagraph (A) shall not apply, during the 1-year period beginning on the date of the enactment of this Act, to commercial off-the-shelf drones and covered unmanned aircraft procured through a contract entered into before the date of the enactment of this Act.
added
Exemption— The Secretary of Homeland Security and the Secretary of Defense are exempt from the restriction under paragraph (1) if the operation—
added
is for the purposes of training, testing, or analysis for—
added
counter-UAS system surrogate intelligence;
added
electronic warfare; or
added
information warfare operations; and
added
is required in the national interest of the United States.
added
Waiver— The head of an executive agency may waive the prohibition under paragraph (1) on a case-by-case basis with the approval of the Secretary of Homeland Security or the Secretary of Defense and notification to Congress.
added
Regulations— Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in coordination with the Secretary of Homeland Security, Secretary of Transportation, the Attorney General, and such other Federal departments and agencies as determined by the Director of the Office of Management and Budget, and in consultation with the Under Secretary of Commerce for Standards and Technology, shall establish a Governmentwide policy for the operation of UASs for non-Department of Defense and non-intelligence community operations.
added
Prohibition on use of Federal funds— The requirements described in subsection (a) shall apply with respect to the use of Federal funds awarded through a contract, grant, or cooperative agreement, or made available to a State or local government, or any subdivision thereof.
added
Comptroller General report— Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the quantity of commercial off-the-shelf drones and covered unmanned aircraft procured by Federal departments and agencies from covered foreign entities.
added
Interaction with other law— Section 848 of the National Defense Authorization Act for Fiscal Year 2020 (10 U.S.C. 2302 note) does not apply with respect to a commercial off-the-shelf drone or covered unmanned aircraft, or any component thereof intended for use in such a drone or unmanned aircraft, to which the provisions of this Act apply.
added
Definitions— In this section:
added
Commercial off-the-shelf drone— The term commercial off-the-shelf drone means a covered unmanned aircraft that is a commercially available off-the-shelf item (as defined in section 104 of title 41, United States Code).
added
Covered foreign entity— The term covered foreign entity means—
added
a covered entity (as determined by the Secretary of Commerce);
added
any entity that is subject to extrajudicial direction from a foreign government, as determined by the Director of National Intelligence;
added
any entity the Secretary of Homeland Security, in coordination with the Director of National Intelligence, the Secretary of Defense, and the Secretary of State, determines poses a national security risk;
added
any entity subject to influence or control by the Government of the People Republic of China or the Communist Party of the People’s Republic of China, as determined by the Secretary of Homeland Security; and
added
any subsidiary or affiliate of an entity described in subparagraphs (A) through (D).
added
Covered unmanned aircraft— The term covered unmanned aircraft means an unmanned aircraft or unmanned aircraft system as such terms are defined, respectively, in section 44801 of title 49, United States Code.
added
Executive agency— The term executive agency has the meaning given such term in section 105 of title 5, United States Code.
added
Intelligence community— The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
added
UAS— The term UAS has the meaning given the term unmanned aircraft system in section 44801 of title 49, United States Code.
Sec. 830C Sense of Congress on gaps or vulnerabilities in the national technology and industrial base
addedadded It is the sense of Congress that in preparing the annual report required by section 2504 of title 10, United States Code, the Secretary of Defense shall include the following:
added
An assessment of gaps or vulnerabilities in the national technology and industrial base (as defined in section 2500 of title 10, United States Code) with respect to intellectual property theft as related to the development and long-term sustainability of defense technologies.
added
The extent to which, if any, foreign adversaries engage in operations to exploit such gaps or vulnerabilities.
added
Recommendations to mitigate or address any such gaps or vulnerabilities identified by the Secretary.
added
Any other matters the Secretary of Defense determines should be included.
Sec. 830D Report on partnerships for rare earth material supply chain security
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report that—
added
assesses the ability of the Department of Defense to facilitate 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 supply chain for domestic rare earth materials for the National Defense Stockpile; and
added
identifies barriers to such partnerships; and
added
provides recommendations as to how the Secretary of Defense may improve these partnerships.
Sec. 831 Transfer of verification of small business concerns owned and controlled by veterans or service-disabled veterans to the Small Business Administration
Transfer date— For purposes of this section, the term transfer date means the date that is 2 years after the date of enactment of this section, except that such date may be extended an unlimited number of times by a period of not more than 6 months if the Administrator of the Small Business Administration and the Secretary of Veterans Affairs jointly issue a notice to Congress and the Law Revision Counsel of the House of Representatives containing—
a certification that such extension is necessary;
the rationale for and the length of such extension; and
a plan to comply with the requirements of this section within the timeframe of the extension.
changed
Amendment to and transfer of veteran-owned veteran-Owned and service-disabled veteran-owned service-Disabled veteran-Owned business database—
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—
in subsection (e)—
by striking “the Secretary” and inserting “the Administrator”; and
by striking “subsection (f)” and inserting “section 36 of the Small Business Act”;
in subsection (f)—
by striking “the Secretary” each place such term appears, other than in the last place such term appears under paragraph (2)(A), and inserting “the Administrator”;
in paragraph (1), by striking “small business concerns owned and controlled by veterans with service-connected disabilities” each place such term appears and inserting “small business concerns owned and controlled by service-disabled veterans”;
in paragraph (2)—
in subparagraph (A), by striking “to access” and inserting “to obtain from the Secretary of Veterans Affairs”; and
by striking subparagraph (B) and inserting the following:
“(B) For purposes of this subsection—
“(i) the Secretary of Veterans Affairs shall—
“(I) verify an individual’s status as a veteran or a service-disabled veteran; and
“(II) establish a system to permit the Administrator to access, but not alter, such verification; and
“(ii) the Administrator shall verify—
“(I) the status of a business concern as a small business concern; and
“(II) the ownership and control of such business concern.
“(C) The Administrator may not certify a concern under subsection (b) or section 36A if the Secretary of Veterans Affairs cannot provide the verification described under subparagraph (B)(i)(I).”
by striking paragraphs (4) and (7);
by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively, and redesignating paragraph (8) as paragraph (6);
in paragraph (4), as so redesignated, by striking “The Secretary” and inserting “The Administrator”; and
in paragraph (6), as so redesignated—
in subparagraph (A)—
by striking “verify the status of the concern as a small business concern or the ownership or control of the concern” and inserting “certify the status of the concern as a small business concern owned and controlled by veterans (under section 36A) or a small business concern owned and controlled by service-disabled veterans (under section 36(g))”; and
by striking “verification” and inserting “certification”;
in subparagraph (B)—
in clause (i), by striking “small business concern owned and controlled by veterans with service-connected disabilities” and inserting “small business concern owned and controlled by service-disabled veterans”; and
in clause (ii)—
by amending subclause (I) to read as follows:
“(I) the Secretary of Veterans Affairs or the Administrator; or”
in subclause (II), by striking “the contracting officer of the Department” and inserting “the applicable contracting officer”; and
by striking subparagraph (C);
by redesignating subsection (k) (relating to definitions) as subsection (l);
by inserting after subsection (j) (relating to annual reports) the following:
“(k) Annual transfer for certification costs—For each fiscal year, the Secretary of Veterans Affairs shall reimburse the Administrator in an amount necessary to cover any cost incurred by the Administrator for certifying small business concerns owned and controlled by veterans that do not qualify as small business concerns owned and controlled by service-disabled veterans for the Secretary for purposes of this section and section 8128 of this title. The Administrator is authorized to accept such reimbursement. The amount of any such reimbursement shall be determined jointly by the Secretary and the Administrator and shall be provided from fees collected by the Secretary under multiple-award schedule contracts. Any disagreement about the amount shall be resolved by the Director of the Office of Management and Budget.”
subsection (l) (relating to definitions), as so redesignated, by adding at the end the following:
“(4) The term Administrator means the Administrator of the Small Business Administration.”
Transfer of requirements relating to database to the Small Business Act— Effective on the transfer date, subsection (f) of section 8127 of title 38, United States Code (as amended by paragraph (1)), is transferred to section 36 of the Small Business Act (15 U.S.C. 657f), inserted so as to appear after subsection (e).
Conforming amendments— The following amendments shall take effect on the transfer date:
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”.
Title 38— Section 8128 of title 38, United States Code, is amended by striking “section 8127(f) of this title” and inserting “section 36 of the Small Business Act”.
Additional requirements for database—
Administration access to database before the transfer date— During the period between the date of the enactment of this section and the transfer date, the Secretary of Veterans Affairs shall provide the Administrator of the Small Business Administration with access to the contents of the database described under section 8127(f) of title 38, United States Code.
Rule of construction— Nothing in this section or the amendments made by this section may be construed—
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
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).
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.
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Procurement program for small business concerns owned and controlled by service-disabled service-Disabled veterans—
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—
by striking subsections (d) and (e);
by redesignating subsections (a), (b), and (c) as subsections (c), (d), and (e) respectively;
by inserting before subsection (c), as so redesignated, the following:
“(a) Contracting officer defined—For purposes of this section, the term contracting officer has the meaning given such term in section 2101 of title 41, United States Code.
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“(b) Certification of small business concerns owned and controlled by service-disabled service-Disabled veterans—With respect to a procurement program or preference established under this Act that applies to prime contractors, the Administrator shall—
“(1) certify the status of the concern as a “small business concern owned and controlled by service-disabled veterans”; and
“(2) require the periodic recertification of such status.”
in subsection (d), as so redesignated, by striking “and that the award can be made at a fair market price” and inserting “, that the award can be made at a fair market price, and if each concern is certified by the Administrator as a small business concern owned and controlled by service-disabled veterans”; and
by adding at the end the following:
“(g) Certification requirement—Notwithstanding subsection (c), a contracting officer may only award a sole source contract to a small business concern owned and controlled by service-disabled veterans or a contract on the basis of competition restricted to small business concerns owned and controlled by service-disabled veterans if such a concern is certified by the Administrator as a small business concern owned and controlled by service-disabled veterans.
“(h) Enforcement; penalties
“(1) Verification of eligibility—In carrying out this section, the Administrator shall establish procedures relating to—
“(A) the filing, investigation, and disposition by the Administration of any challenge to the eligibility of a small business concern to receive assistance under this section (including a challenge, filed by an interested party, relating to the veracity of a certification made or information provided to the Administration by a small business concern under subsection (b)); and
“(B) verification by the Administrator of the accuracy of any certification made or information provided to the Administration by a small business concern under subsection (b).
“(2) Examinations
“(A) Examination of applicants—The procedures established under paragraph (1) shall provide for a program of examinations by the Administrator of any small business concern making a certification or providing information to the Administrator under subsection (b), to determine the veracity of any statements or information provided as part of such certification or otherwise provided under subsection (b).
“(B) Examination of certified concerns—The procedures established under paragraph (1) shall provide for the examination of risk-based samples of small business concerns certified under subsection (b), or of any small business concern that the Administrator believes poses a particular risk or with respect to which the Administrator receives specific and credible information alleging that the small business concern no longer meets eligibility requirements to be certified as a small business concern owned and controlled by service-disabled veterans.
“(3) Penalties—In addition to the penalties described in section 16(d), any small business concern that is determined by the Administrator to have misrepresented the status of that concern as a small business concern owned and controlled by service-disabled veterans for purposes of subsection (b), shall be subject to—
“(A) section 1001 of title 18, United States Code;
“(B) sections 3729 through 3733 of title 31, United States Code; and
“(C) section 8127(g) of title 38, United States Code.
“(i) Provision of data—Upon the request of the Administrator, the head of any Federal department or agency shall promptly provide to the Administrator such information as the Administrator determines to be necessary to carry out subsection (b) or to be able to certify the status of the concern as a small business concern owned and controlled by veterans under section 36A.”
Penalties for misrepresentation— Section 16 of the Small Business Act (15 U.S.C. 645) is amended—
in subsection (d)(1)—
by striking “, a” and inserting “, a “small business concern owned and controlled by service-disabled veterans”, a “small business concern owned and controlled by veterans”, a”; and
in paragraph (A), by striking “9, 15, or 31” and inserting “8, 9, 15, 31, 36, or 36A”; and
in subsection (e), by striking “, a” and inserting “, a “small business concern owned and controlled by service-disabled veterans”, a “small business concern owned and controlled by veterans”, a”.
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:
“36A. Certification of small business concerns owned and controlled by veterans
“(a) In general—With respect to the program established under section 8127 of title 38, United States Code, the Administrator shall—
“(1) certify the status of the concern as a “small business concern owned and controlled by veterans”; and
“(2) require the periodic recertification of such status.
“(b) Enforcement; penalties
“(1) Verification of eligibility—In carrying out this section, the Administrator shall establish procedures relating to—
“(A) the filing, investigation, and disposition by the Administration of any challenge to the eligibility of a small business concern to receive assistance under this section (including a challenge, filed by an interested party, relating to the veracity of a certification made or information provided to the Administration by a small business concern under subsection (a)); and
“(B) verification by the Administrator of the accuracy of any certification made or information provided to the Administration by a small business concern under subsection (a).
“(2) Examination of applicants—The procedures established under paragraph (1) shall provide for a program of examinations by the Administrator of any small business concern making a certification or providing information to the Administrator under subsection (a), to determine the veracity of any statements or information provided as part of such certification or otherwise provided under subsection (a).
“(3) Penalties—In addition to the penalties described in section 16(d), any small business concern that is determined by the Administrator to have misrepresented the status of that concern as a small business concern owned and controlled by veterans for purposes of subsection (a), shall be subject to—
“(A) section 1001 of title 18, United States Code;
“(B) sections 3729 through 3733 of title 31, United States Code; and
“(C) section 8127(g) of title 38, United States Code.”
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Status of self-certified self-Certified small business concerns owned and controlled by service-disabled service-Disabled veterans—
In general— Notwithstanding any other provision of law, any small business concern that self-certified as a small business concern owned and controlled by service-disabled veterans shall—
if the concern files a certification application with the Administrator of the Small Business Administration before the end of the 1-year period beginning on the transfer date, maintain such self-certification until the Administrator makes a determination with respect to such certification; and
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.
Non-Applicability to Department of Veterans Affairs— Paragraph (1) shall not apply to participation in contracts (including subcontracts) with the Department of Veterans Affairs.
Notice— The Administrator shall notify any small business concern that self-certified as a small business concern owned and controlled by service-disabled veterans about the requirements of this section, including the transfer date and any extension of such transfer date made pursuant to subsection (a), and make such notice publicly available, on—
the date of the enactment of this section; and
the date on which an extension described under subsection (a) is approved.
Transfer of the Center for Verification and Evaluation of the Department of Veterans Affairs to the Small Business Administration—
Abolishment— The Center for Verification and Evaluation of the Department of Veterans Affairs defined under section 74.1 of title 38, Code of Federal Regulations, is abolished effective on the transfer date.
Transfer of functions— All functions that, immediately before the effective date of this subsection, were functions of the Center for Verification and Evaluation shall—
on the date of enactment of this section, be functions of both the Center for Verification and Evaluation and the Small Business Administration, except that the Small Business Administration shall not have any authority to carry out any verification functions of the Center for Verification and Evaluation; and
on the transfer date, be functions of the Small Business Administration.
Transfer of assets— So much of the personnel, property, and records employed, used, held, available, or to be made available in connection with a function transferred under this subsection shall be available to the Small Business Administration at such time or times as the President directs for use in connection with the functions transferred.
References— Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a function of the Center for Verification and Evaluation that is transferred under this section is deemed, after the transfer date, to refer to the Small Business Administration.
Report— Not later than the end of the 1-year period beginning on the date of the enactment of this section and every 6 months thereafter until the transfer date, the Administrator of the Small Business Administration and Secretary of Veterans Affairs shall jointly issue a report to the Committees on Appropriations, Small Business, and Veterans’ Affairs of the House of Representatives and the Committees on Appropriations, Small Business and Entrepreneurship, and Veterans’ Affairs of the Senate on the planning for the transfer of functions and property required under this section and the amendments made by this section on the transfer date. Such report shall include—
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;
projections for the numbers and timing, in terms of fiscal year, of—
already verified concerns that will come up for recertification; and
self-certified concerns that are expected to apply for certification;
an explanation of how outreach to veteran service organizations, the service-disabled veteran-owned and veteran-owned small business community, and other stakeholders will be conducted; and
other pertinent information determined by the Administrator and the Secretary.
Sec. 832 Equitable adjustments to certain construction contracts
In general— The Small Business Act (15 U.S.C. 631 et seq.) is amended by inserting after section 15 the following new section:
“15A. Equitable adjustments to construction contracts
“(a) Request for an equitable adjustment—A small business concern performing a construction contract that was awarded by an agency may submit a request for an equitable adjustment to the contracting officer of such agency if the contracting officer directs a change in the work within the general scope of the contract without the agreement of the small business concern. Such request shall—
“(1) be timely made pursuant to the terms of the contract; and
“(2) comply with Federal regulations regarding equitable adjustments, including specifying additional costs resulting from such change in the work within the general scope of the contract.
“(b) Amount—Upon receipt of a request for equitable adjustment under subsection (a), the agency shall provide to the small business concern an interim partial payment in an amount that is at least 50 percent of the costs identified in the request for equitable adjustment under subsection (a)(2).
“(c) Limitation—Any interim partial payment made under this section shall not be deemed to be an action to definitize the request for an equitable adjustment.
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“(d) Flow-down Flow-Down of interim partial payment amounts—A small business concern that requests an equitable adjustment under this section shall pay to a first tier subcontractor or supplier the portion of the interim partial payment received that is attributable to the increased costs of performance incurred by the first tier subcontractor or supplier due to the change in the work within the general scope of the contract. A subcontractor or supplier at any tier that receives a portion of an interim partial payment under this section shall pay its subcontractor or supplier the appropriate portion of such payment.”
Implementation— The Administrator of the Small Business Administration shall implement the requirements of this section not later than the first day of the first full fiscal year beginning after the date of the enactment of this Act.
Sec. 835 Extension of participation in 8(a) program
added
added
In general— The Administrator of the Small Business Administration shall ensure that a small business concern participating in the program established under section 8(a) of the Small Business Act (15 U.S.C. 637) on or before March 13, 2020, may elect to extend such participation by a period of 1 year, regardless of whether such concern previously elected to suspend participation in such program pursuant to guidance of the Administrator.
added
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.
Sec. 836 Past performance ratings of certain small business concerns
added
added
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:
added “(5) Past performance ratings of joint ventures for small business concerns—With respect to evaluating an offer for a prime contract made by a small business concern that previously participated in a joint venture with another business concern (whether or not such other business concern was itself a small business concern), the Administrator shall establish regulations—
added “(A) requiring contracting officers to consider the record of past performance of the joint venture when evaluating the past performance of the small business concern; and
added “(B) requiring the small business concern to inform the contracting officer what duties and responsibilities the small business concern carried out as part of the joint venture.”
added
Past performance ratings of first-Tier small business subcontractors— Section 8(d)(17) of the Small Business Act (15 U.S.C. 637(d)(17)) is amended to read as follows:
added “(17) Past performance ratings for certain small business subcontractors
added “(A) In general—Upon request by a small business concern that performed as a first tier subcontractor on a covered contract (as defined in paragraph 13(A)) that is submitting an offer for a solicitation, the prime contractor for such covered contract shall submit to the contracting agency issuing the solicitation or to such small business concern a record of past performance for such small business concern with respect to such covered contract.
added “(B) Consideration—A contracting officer shall consider the record of past performance of a small business concern provided under subparagraph (A) when evaluating an offer for a prime contract made by such small business concern.”
added
Rulemaking—
added
Small Buisness Administration— Not later than the end of the 120-day period beginning on the date of enactment of this Act, the Administrator of the Small Business Administration shall issue rules to carry out this section and the amendments made by this section.
added
Federal Acquisition Regulation— Not later than the end of the 120-day period beginning on the date that rules are issued under paragraph (1), the Federal Acquisition Regulation shall be revised to reflect such rules.
Sec. 837 Category management training
added
added
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—
added
best practices for purchasing goods and services from small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)); and
added
information on avoiding conflicts with the requirements of the Small Business Act (15 U.S.C. 631 et seq.).
added
Use of curriculum— The Administrator of the Small Business Administration—
added
shall ensure that staff for Federal agencies described in subsection (a) receive the training described in such subsection; and
added
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).
added
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.
added
Category management defined— In this Act, the term category management has the meaning given by the Director of the Office of Management and Budget.
Sec. 838 Small businesses in territories of the United States
added
added
Definition of covered territory business— Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following new subsection:
added “(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:
added “(1) The United States Virgin Islands.
added “(2) American Samoa.
added “(3) Guam.
added “(4) The Northern Mariana Islands.”
added
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—
added
in clause (I), by striking “means” and all that follows through the period at the end and inserting the following:
added “(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
added “(bb) in the case of a covered territory business, the period beginning on the date of enactment of this item and ending on the date that is 4 years after such date of enactment.”
added
in clause (II)—
added
by inserting “or a covered territory business” after “a Puerto Rico business”; and
added
by striking “the Puerto Rico business” in both places it appears and inserting “such business”.
added
Contracting incentives for protege firms that are covered territory businesses—
added
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:
added “(4) Covered territory businesses—During the period beginning on the date of 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—
added “(A) positive consideration in any past performance evaluation of the covered territory mentor; and
added “(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.”
added
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:
added “(i) are between a covered protege and a covered mentor; or
added “(ii) are between a covered territory protege and a covered territory mentor.”
added
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:
added “(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.
added “(7) Covered territory protege—The term covered territory protege means a protege of a covered territory mentor that is a covered territory business.”
Sec. 839 Eligibility of the commonwealth of the northern mariana islands for certain small business administration programs
addedadded The Small Business Act (15 U.S.C. 631 et seq.) is amended—
added
in section 21(a)—
added
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
added
in paragraph (4)(C)(ix), by striking “and American Samoa” and inserting “American Samoa, and the Commonwealth of the Northern Mariana Islands”; and
added
in section 34(a)(9), by striking “and American Samoa” and inserting “American Samoa, and the Commonwealth of the Northern Mariana Islands”.
Sec. 840 Boots to Business Program
addedadded Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by adding at the end the following new subsection:
added “(h) Boots to Business Program
added “(1) Covered individual defined—In this subsection, the term covered individual means—
added “(A) a member of the Armed Forces, including the National Guard or Reserves;
added “(B) an individual who is participating in the Transition Assistance Program established under section 1144 of title 10, United States Code;
added “(C) an individual who—
added “(i) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and
added “(ii) was discharged or released from such service under conditions other than dishonorable; and
added “(D) a spouse or dependent of an individual described in subparagraph (A), (B), or (C).
added “(2) Establishment—Beginning on the first October 1 after the enactment of this subsection and for the subsequent 4 fiscal years, the Administrator shall carry out a program to be known as the “Boots to Business Program” to provide entrepreneurship training to covered individuals.
added “(3) Goals—The goals of the Boots to Business Program are to—
added “(A) provide assistance and in-depth training to covered individuals interested in business ownership; and
added “(B) provide covered individuals with the tools, skills, and knowledge necessary to identify a business opportunity, draft a business plan, identify sources of capital, connect with local resources for small business concerns, and start up a small business concern.
added “(4) Program components
added “(A) In general—The Boots to Business Program may include—
added “(i) a presentation providing exposure to the considerations involved in self-employment and ownership of a small business concern;
added “(ii) an online, self-study course focused on the basic skills of entrepreneurship, the language of business, and the considerations involved in self-employment and ownership of a small business concern;
added “(iii) an in-person classroom instruction component providing an introduction to the foundations of self employment and ownership of a small business concern; and
added “(iv) in-depth training delivered through online instruction, including an online course that leads to the creation of a business plan.
added “(B) Collaboration—The Administrator may—
added “(i) collaborate with public and private entities to develop course curricula for the Boots to Business Program; and
added “(ii) modify program components in coordination with entities participating in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 1071 note).
added “(C) Use of resource partners
added “(i) In general—The Administrator shall—
added “(I) ensure that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the Boots to Business Program; and
added “(II) to the maximum extent practicable, use a variety of other resource partners and entities in administering the Boots to Business Program.
added “(ii) Grant authority—In carrying out clause (i), the Administrator may make grants to Veteran Business Outreach Centers, other resource partners, or other entities to carry out components of the Boots to Business Program.
added “(D) Availability to Department of Defense—The Administrator shall make available to the Secretary of Defense information regarding the Boots to Business Program, including all course materials and outreach materials related to the Boots to Business Program, for inclusion on the website of the Department of Defense relating to the Transition Assistance Program, in the Transition Assistance Program manual, and in other relevant materials available for distribution from the Secretary of Defense.
added “(E) Availability to Veterans Affairs—In consultation with the Secretary of Veterans Affairs, the Administrator shall make available for distribution and display at local facilities of the Department of Veterans Affairs outreach materials regarding the Boots to Business Program which shall, at a minimum—
added “(i) describe the Boots to Business Program and the services provided; and
added “(ii) include eligibility requirements for participating in the Boots to Business Program.
added “(5) Report—Not later than 180 days after the date of the enactment of this subsection and every year thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the Boots to Business Program, which may be included as part of another report submitted to such Committees by the Administrator, and which shall include—
added “(A) information regarding grants awarded under paragraph (4)(C);
added “(B) the total cost of the Boots to Business Program;
added “(C) the number of program participants using each component of the Boots to Business Program;
added “(D) the completion rates for each component of the Boots to Business Program;
added “(E) to the extent possible—
added “(i) the demographics of program participants, to include gender, age, race, relationship to military, military occupational specialty, and years of service of program participants;
added “(ii) the number of small business concerns formed or expanded with assistance under the Boots to Business Program;
added “(iii) the gross receipts of small business concerns receiving assistance under the Boots to Business Program;
added “(iv) the number of jobs created with assistance under the Boots to Business Program;
added “(v) the number of referrals to other resources and programs of the Administration;
added “(vi) the number of program participants receiving financial assistance under loan programs of the Administration;
added “(vii) the type and dollar amount of financial assistance received by program participants under any loan program of the Administration; and
added “(viii) results of participant satisfaction surveys, including a summary of any comments received from program participants;
added “(F) an evaluation of the effectiveness of the Boots to Business Program in each region of the Administration during the most recent fiscal year;
added “(G) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Administrator;
added “(H) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals;
added “(I) an explanation of how the Boots to Business Program has been integrated with other transition programs and related resources of the Administration and other Federal agencies; and
added “(J) any additional information the Administrator determines necessary.”
Sec. 840A Employment size standard requirements
added
added
In general— Section 3(a)(2) of the Small Business Act (15 U.S.C. 632(a)(2)) is amended—
added
in subparagraph (A), by inserting “and subject to the requirements specified under subparagraph (C)” after “paragraph (1)”; and
added
in subparagraph (C)—
added
by inserting “(including the Administration when acting pursuant to subparagraph (A))” after “no Federal department or agency”; and
added
in clause (ii)(I) by striking “12 months” and inserting “24 months”.
added
Effective date— This Act and the amendments made by this Act shall take effect 1 year after the date of the enactment of this Act.
Sec. 844 Small Business Industrial Base Resiliency Program
Establishment— The Assistant Secretary of Defense for Industrial Base Policy (established under section 902 of this Act) shall establish a program to be known as the “Small Business Industrial Base Resiliency Program” under which the Assistant Secretary shall enter into transactions to purchase or to make a commitment to purchase goods or services from small business concerns as described in subsection (b) to respond to the COVID–19 pandemic.
Uses of transactions— A transaction entered into pursuant to the authority under this section shall—
support the monitoring and assessment of small business concerns that enter into such a transaction;
address critical issues in the industrial base relating to urgent operational needs in response to the COVID–19 pandemic;
support efforts to create, maintain, protect, expand, or restore the industrial base in response to the COVID–19 pandemic; and
as applicable, address supply chain vulnerabilities related to the COVID–19 pandemic for small business concerns that enter into such a transaction.
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Duration— The term of a transaction entered into pursuant to the authority under this section shall be two 2 years.
Liabilities— With respect to any transaction entered into pursuant to the authority under this section on or after the date of enactment of this Act, if such transaction imposes any contingent liability upon the United States, such liability shall be recorded as an obligation against amounts made available from the Research and Development, Defense-Wide, Pandemic Preparedness and Resilience National Security Fund under section 1003 in an amount equal to the maximum amount of the contingency at the time such transaction is entered into.
Report— Not later than March 1, 2021, the Assistant Secretary of Defense for Industrial Base Policy shall submit to the appropriate committees a report that includes the following:
A description of any guidance or policy issued to carry out this section.
A description of any relevant assessments prepared to address critical issues in the industrial base relating to urgent operational needs related to the COVID–19 pandemic.
A description of any transaction entered into pursuant to the authority under this section, and the impact such transaction has had on the response of the Department of Defense to the COVID–19 pandemic.
A prioritized list of gaps or vulnerabilities in the transactions of the industrial base in which small business concerns participate that are related the COVID–19 pandemic, including—
a description of mitigation strategies necessary to address such gaps or vulnerabilities;
the identification of the Secretary concerned or the head of the Defense Agency responsible for addressing such gaps or vulnerabilities; and
a proposed timeline for action to address such gaps or vulnerabilities.
Identification of each transaction designed to sustain specific essential technological and industrial capabilities and processes of the industrial base in which small business concerns participate that are related to the COVID–19 pandemic.
Any other steps necessary to foster and safeguard the industrial base in which small business concerns participate due to the impact of the COVID–19 pandemic.
Funding— The Assistant Secretary of Defense for Industrial Base Policy shall use amounts authorized to be appropriated for Research and Development, Defense-Wide, Pandemic Preparedness and Resilience National Security Fund under section 1003 to carry out the requirements of this section.
Definitions— In this Act:
Appropriate committees— The term covered committees means—
the Committees on Armed Services of the Senate and the House of Representatives; and
the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives.
COVID–19 pandemic— The term COVID–19 pandemic means the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.).
Defense Agency— The term Defense Agency has the meaning given in section 101 of title 10, United States Code.
Secretary concerned— The term Secretary concerned has the meaning given in section 101 of title 10, United States Code.
Small business concern— The term small business concern has the meaning given under section 3 of the Small Business Act (15 U.S.C. 632)).
Sec. 848 Prohibition on contracting with persons with willful or repeated violations of the Fair Labor Standards Act of 1938
addedadded The head of a Federal department or agency (as defined in section 102 of title 40, United States Code) shall initiate a debarment proceeding with respect to a person for whom information regarding four or more willful or repeated violation of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) as determined by a disposition described under subsection (c)(1) of section 2313 of title 41, United States Code, and issued in the last 4 years, is included in the database established under subsection (a) of such section. The head of the department or agency shall use discretion in determining whether the debarment is temporary or permanent.
Sec. 849 Reestablishment of Commission on Wartime Contracting
added
added
In general— There is hereby reestablished in the legislative branch under section 841 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 230) the Commission on Wartime Contracting.
added
Amendment to duties— Section 841(c)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 231) is amended to read as follows:
added “(1) General duties—The Commission shall study the following matters:
added “(A) Federal agency contracting funded by overseas contingency operations funds.
added “(B) Federal agency contracting for the logistical support of coalition forces operating under the authority of the 2001 or 2002 Authorization for the Use of Military Force.
added “(C) Federal agency contracting for the performance of security functions in countries where coalition forces operate under the authority of the 2001 or 2002 Authorization for the Use of Military Force”
added
Conforming amendments— Section 841 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 230) is amended—
added
in subsection (b)—
added
in paragraph (1), by striking “the Committee on Oversight and Government Reform” each place it appears and inserting “the Committee on Oversight and Reform”;
added
in paragraph (2), by striking “of this Act” and inserting “of the Wartime Contracting Commission Reauthorization Act of 2019”; and
added
in paragraph (4), by striking “was first established” each place it appears and inserting “was reestablished by the Wartime Contracting Commission Reauthorization Act of 2019”; and
added
in subsection (d)(1), by striking “On March 1, 2009” and inserting “Not later than 1 year after the date of enactment of the Wartime Contracting Commission Reauthorization Act of 2019”.
Sec. 850 Report on certain contracts relating to construction or maintenance of a border wall
addedadded The Secretary of Defense shall include on a public website of the Department of Defense a list of any contracts, including any task order contract (as such term is 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 a barrier along the international border between the United States and Mexico that have an estimated value equal to or greater than $7,000,000.
Sec. 851 Congressional oversight of private security contractor contracts
added
added
Report of certain contracts and task orders—
added
Requirement regarding contracts and task orders— The Inspector General of the Department of Defense shall compile a report of the work performed or to be performed under a covered contract during the period beginning on October 1, 2001, and ending on the last day of the month during which this Act is enacted for work performed or work to be performed in areas of contingency operations.
added
Form of submissions— The report required by paragraph (1) shall be submitted in unclassified form, to the maximum extent possible, but may contain a classified annex, if necessary.
added
Reports on contracts for work To be performed in areas of contingency operations and other significant military operations— The Inspector General of the Department of Defense shall submit to each specified congressional committee a report not later than 60 days after the date of the enactment of this Act that contains the following information:
added
The number of civilians performing work in areas of contingency operations under covered contracts.
added
The total cost of such covered contracts.
added
The total number of civilians who have been wounded or killed in performing work under such covered contracts.
added
A description of the disciplinary actions that have been taken against persons performing work under such covered contracts by the contractor, the United States Government, or the government of any country in which the area of contingency operations is located.
added
Definitions— In this section:
added
Covered contract— The term “covered contract” means a contract for private security entered into by the Secretary of Defense in an amount greater than $5,000,000.
added
Contingency operation— The term contingency operation has the meaning provided by section 101(a)(13) of title 10, United States Code.
added
Specified congressional committees— The term specified congressional committees means the Committees on Armed Services of the Senate and the House of Representatives.
Sec. 852 Revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems
added
added
In general— The Under Secretary of Defense for Acquisition and Sustainment shall publish any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems in the Federal Register and shall specify a comment period of at least 60 days.
added
Notice— The Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a written notice and justification for any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems not later than 30 days after the date of publication in the Federal Register.
Sec. 903 Assignment of responsibility for the Arctic region within the Office of the Secretary of Defense
addedadded 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.
Sec. 911 Limitation on reduction of civilian workforce
changed
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.”costs.”.
Sec. 912 Chief Diversity Officers
Department of Defense—
In general— Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section:
“146. Chief Diversity Officer
“(a) Chief Diversity Officer
“(1) There is a Chief Diversity Officer of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
“(2) The Chief Diversity Officer shall be appointed from among persons who have an extensive management or business background and experience with diversity and inclusion. A person may not be appointed as Chief Diversity Officer within seven years after relief from active duty as a commissioned officer of a regular component of an armed force.
“(b) Powers and duties—The Chief Diversity Officer—
“(1) is responsible for policy, oversight, guidance, and coordination for all matters of the Department of Defenserelated to diversity and inclusion;
“(2) exercises authority to direct the Secretaries of the military departments and the heads of all other elements of the Department with regard to matters for which the Chief Diversity Officer has responsibility under this section;
“(3) exercises authority, direction, and control over the Office of People Analytics, or any successor organization;
“(4) shall establish and maintain a Department of Defense strategic plan that publicly states a diversity definition, vision, and goals for the Department of Defense;
“(5) shall define a set of strategic metrics that are directly linked to key organizational priorities and goals, actionable, and actively used to implement the strategic plan;
“(6) shall establish training in diversity dynamics and training in practices for leading diverse groups effectively;
changed
“(7) shall establish and maintain a strategic plan for outreach to, diverse participation by institutions of higher education (including historically black colleges and recruiting from, untapped locations universities and underrepresented demographic groups;minority-serving institutions), federally funded research and development centers, and individuals in defense-related research, development, testing, and evaluation activities;
changed
“(8) shall conduct regular, rigorous evaluations establish and assessments of diversity within the Department of Defense; andmaintain a strategic plan for outreach to, and recruiting from, untapped locations and underrepresented demographic groups;
changed
“(9) shall perform such additional duties conduct regular, rigorous evaluations and exercise such powers as assessments of diversity within the Secretary Department of Defense may prescribe.Defense; and
added “(10) shall perform such additional duties and exercise such powers as the Secretary of Defense may prescribe.
“(c) Precedence in the Department of Defense
“(1) The Chief Diversity Officer shall report directly to the Secretary of Defense in the performance of duties under this section.
“(2) The Chief Diversity Officer takes precedence in the Department of Defense after the Chief Management Officer.”
Technical and conforming amendments—
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
Section 136(b) of such title is amended by inserting “the Chief Diversity Officer and” after “control of the Secretary of Defense,”.
Department of the Army—
In general— Chapter 703 of title 10, United States Code, is amended by adding at the end the following new section:
“7025. Chief Diversity Officer
“(a) Chief diversity officer
“(1) There is a Chief Diversity Officer of the Department of the Army, appointed from civilian life by the President, by and with the advice and consent of the Senate.
“(2) The Chief Diversity Officer shall be appointed from among persons who have an extensive management or business background and experience with diversity and inclusion.
“(b) Powers and duties—The Chief Diversity Officer—
“(1) is responsible for policy, oversight, guidance, and coordination for all matters of the Department of the Army related to diversity and inclusion;
“(2) exercises authority to direct the heads of all other elements of the Department with regard to matters for which the Chief Diversity Officer has responsibility under this section;
“(3) shall establish training in diversity dynamics and training in practices for leading diverse groups effectively;
“(4) shall conduct regular, rigorous evaluations and assessments of diversity within the Department of the Army; and
“(5) shall perform such additional duties and exercise such powers as the Secretary of the Army may prescribe.”
Technical and conforming amendments—
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
Section 7014(b) of such title is amended by—
by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and
by inserting after paragraph (1), the following new paragraph (2):
“(2) The Chief Diversity Officer.”
Section 7014(c)(1) of such title is amended by adding at the end the following new subparagraph (H):
“(H) Diversity and inclusion.”
Department of the Navy—
In general— Chapter 803 of title 10, United States Code, is amended by adding at the end the following new section:
“8029. Chief Diversity Officer
“(a) Chief diversity officer
“(1) There is a Chief Diversity Officer of the Department of the Navy, appointed from civilian life by the President, by and with the advice and consent of the Senate.
“(2) The Chief Diversity Officer shall be appointed from among persons who have an extensive management or business background and experience with diversity and inclusion.
“(b) Powers and duties—The Chief Diversity Officer—
“(1) is responsible for policy, oversight, guidance, and coordination for all matters of the Department of the Navy related to diversity and inclusion;
“(2) exercises authority to direct the heads of all other elements of the Department with regard to matters for which the Chief Diversity Officer has responsibility under this section;
“(3) shall establish training in diversity dynamics and training in practices for leading diverse groups effectively;
“(4) shall conduct regular, rigorous evaluations and assessments of diversity within the Department of the Navy; and
“(5) shall perform such additional duties and exercise such powers as the Secretary of the Navy may prescribe.”
Technical and conforming amendments—
The table of sections at the beginning of chapter 803 of title 10, United States Code, is amended by adding at the end the following new item:
Section 8014(b) of such title is amended by—
by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and
by inserting after paragraph (1), the following new paragraph (2):
“(2) The Chief Diversity Officer.”
Section 8014(c)(1) of such title is amended by adding at the end the following new subparagraph (H):
“(H) Diversity and inclusion.”
Department of the Air Force—
In general— Chapter 903 of title 10, United States Code, is amended by adding at the end the following new section:
“9025. Chief Diversity Officer
“(a) Chief diversity officer
“(1) There is a Chief Diversity Officer of the Department of the Air Force, appointed from civilian life by the President, by and with the advice and consent of the Senate.
“(2) The Chief Diversity Officer shall be appointed from among persons who have an extensive management or business background and experience with diversity and inclusion.
“(b) Powers and duties—The Chief Diversity Officer—
changed
“(1) is responsible for policy, oversight, guidance, and coordination for all matters of the Department of the Air Forcerelated Force related to diversity and inclusion;
“(2) exercises authority to direct the heads of all other elements of the Department with regard to matters for which the Chief Diversity Officer has responsibility under this section;
“(3) shall establish training in diversity dynamics and training in practices for leading diverse groups effectively;
“(4) shall conduct regular, rigorous evaluations and assessments of diversity within the Department of the Air Force; and
“(5) shall perform such additional duties and exercise such powers as the Secretary of the Air Force may prescribe.”
Technical and conforming amendments—
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
Section 9014(b) of such title is amended by—
by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and
by inserting after paragraph (1), the following new paragraph (2):
“(2) The Chief Diversity Officer.”
Section 9014(c)(1) of such title is amended by adding at the end the following new subparagraph (H):
“(H) Diversity and inclusion.”
Coast Guard—
In general— Chapter 3 of title 14, United States Code, is amended by adding at the end the following new section:
“321. Chief Diversity Officer
“(a) Establishment
“(1) There is a Chief Diversity Officer of the Coast Guard, appointed from civilian life by the President, by and with the advice and consent of the Senate.
“(2) The Chief Diversity Officer shall be appointed from among persons who have an extensive management or business background and experience with diversity and inclusion.
“(b) Powers and duties—The Chief Diversity Officer—
“(1) is responsible for policy, oversight, guidance, and coordination for all matters of the Coast Guard related to diversity and inclusion;
“(2) exercises authority to direct the heads of all other elements of the Coast Guard with regard to matters for which the Chief Diversity Officer has responsibility under this section;
“(3) shall establish training in diversity dynamics and training in practices for leading diverse groups effectively;
“(4) shall conduct regular, rigorous evaluations and assessments of diversity within the Coast Guard; and
“(5) shall perform such additional duties and exercise such powers as the Commandant may prescribe.
“(c) Precedence—The Chief Diversity Officer shall report directly to the Commandant in the performance of duties under this section.”
Technical and conforming amendments— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
Effective date— The amendments made by this section shall take effect on February 1, 2021.
Sec. 914 Office of Defense Community Cooperation and Economic Adjustment
Establishment—
In general— Chapter 141 of title 10, United States Code, is amended by inserting after section 2391 the following new section:
“2391a. Office of Defense Community Cooperation and Economic Adjustment
“(a) Establishment—There is in the Office of the Secretary of Defense an Office of Defense Community Cooperation and Economic Adjustment (in this section referred to as the “Office”).
“(b) Head of Office—There is a Director of the Office who shall be the head of the Office. The Director shall be appointed by the Secretary of Defense.
“(c) Duties—The Office shall—
“(1) serve as the office in the Department of Defense with primary responsibility for—
“(A) providing assistance to States, counties, municipalities, regions, and other communities to foster cooperation with military installations to enhance the military mission, achieve facility and infrastructure savings and reduced operating costs, address encroachment and compatible land use issues, support military families, and increase military, civilian, and industrial readiness and resiliency; and
“(B) providing adjustment and diversification assistance to State and local governments under section 2391(b) to achieve the objectives described in subparagraph (A);
“(2) coordinate the provision of such assistance with other organizations and elements of the Department;
changed “(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 Secretary of Defense determines appropriate.”
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2391 the following new item:
Transfers— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall transfer the functions, personnel, and assets of the Office of Economic Adjustment of the Department of Defense to the Office of Defense Community Cooperation and Economic Adjustment established under section 2391a of title 10, United States Code (as added by subsection (a)).
Administration of certain programs— Beginning on the effective date of the transfers under subsection (b), any program, project, or other activity administered by the Office of Economic Adjustment of the Department of Defense as of the date of the enactment of this Act shall be administered by the Office of Defense Community Cooperation and Economic Adjustment established under section 2391a of title 10, United States Code (as added by subsection (a)).
Sec. 917 Reporting on post-JAIC assignment
addedadded Subsection (b) of section 260 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by adding at the end the following paragraph:
added “(11) For each uniformed service member who concluded an assignment supporting the Center in the previous 6 months, a position description of the billet that the service member transitioned into.”
Sec. 918 Comptroller General report on vulnerabilities of the Department of Defense resulting from offshore technical support call centers
added
added
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 Committees on Armed Services of the Senate and the House of Representatives a report on vulnerabilities in connection with the provision of services by offshore technical support call centers to the Department of Defense.
added
Elements— The report required by subsection (a) shall include the following:
added
A description and assessment of the location of all offshore technical support call centers.
added
A description and assessment of the types of information shared by the Department with foreign nationals at offshore technical support call centers.
added
An assessment of the extent to which access to such information by foreign nationals creates vulnerabilities to the information technology network of the Department.
added
Offshore technical support call center defined— In this section, the term offshore technical support call center means a call center that—
added
is physically located outside the United States;
added
employs individuals who are foreign nationals; and
added
may be contacted by personnel of the Department to provide technical support relating to technology used by the Department.
Sec. 919 Limitation on consolidation or transition to alternative content delivery methods within the Defense Media Activity
added
added
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 congressional defense committees a report that includes a certification, in detail, that such consolidation or transition to alternative content delivery methods will not—
added
compromise the safety and security of members of the Armed Forces and their families;
added
compromise the cybersecurity or security of content delivery to members of the Armed Forces, whether through—
added
inherent vulnerabilities in the content delivery method concerned;
added
vulnerabilities in the personal devices used by members; or
added
vulnerabilities in the receivers or streaming devices necessary to accommodate the alternative content delivery method;
added
increase monetary 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; and
added
impede access to content due to bandwidth or other technical limitations where members of the Armed Forces receive content.
added
Definitions— In this section:
added
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.
added
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.
Sec. 927 Rank and grade structure of the United States Space Force
addedadded The Space Force shall use a system of ranks and grades that is identical to the system of ranks and grades used by the Navy.
Sec. 928 Report on the role of the Naval Postgraduate School in space education
added
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on the future role of the Naval Postgraduate School in space education.
added
Elements— The report under subsection (a) shall include the following:
added
An overview of the Naval Postgraduate School’s existing space-focused education and research capabilities, programs, products, and outputs.
added
An identification and evaluation of additional space-focused educational requirements that may be fulfilled by the Naval Postgraduate school, including any requirements resulting from the establishment of the Space Force or otherwise necessitated by the evolving space-related needs of the Department of Defense.
added
A plan for meeting the requirements identified under paragraph (2), including a description of the types and amounts of additional resources that may be needed for the Naval Postgraduate School to meet such requirements over the period of 5 fiscal years following the date of the report.
Sec. 1001 General transfer authority
changed
Authority to To transfer authorizations—
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.
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.
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).
Limitations— The authority provided by subsection (a) to transfer authorizations—
may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and
may not be used to provide authority for an item that has been denied authorization by Congress.
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.
Notice to congress— The Secretary shall promptly notify Congress of each transfer made under subsection (a).
Certification requirement— The authority to transfer any authorization under this section may not be used until the Secretary of Defense and the head of each entity affected by such transfer submits to the congressional defense committees certification in writing that—
the amount transferred will be used for higher priority items, based on unforeseen military requirements, than the items from which authority is transferred; and
the amount transferred will not be used for any item for which funds have been denied authorization by Congress.
Sec. 1005 Department of Defense audit remediation plan
addedadded Section 240g(a) of title 10, United States Code, is amended—
added
in paragraph (2), by striking “and” at the end;
added
in paragraph (3), by striking the period and inserting “; and”; and
added
by adding at the end the following new paragraphs:
added “(4) the amount spent by the Department on operating and maintaining financial management systems during the preceding five fiscal years; and
added “(5) the amount spent by the Department on acquiring or developing new financial management systems during such five fiscal years.”
Sec. 1006 Public availability of Department of Defense legislative proposals
addedadded Not later than 7 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 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 analyses associated with the proposal.
Sec. 1025 Restrictions on overhaul, repair, etc. of naval vessels in foreign shipyards
Exception for damage repair due to hostile actions or interventions— Section 8680(a) of title 10, United States Code, is amended—
in paragraph (1), by striking “, other than in the case of voyage repairs”; and
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.”
changed
Limited authority to To use foreign workers— Section 8680(a)(2)(B)(i) of title 10, United States Code, is amended—
by inserting “(I)” after “(i)”; and
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.”
Technical correction— Section 8680(a)(2)(C)(ii) of title 10, United States Code, is amended by striking the period after “means—”.
Sec. 1027 Prohibition on use of funds for retirement of certain littoral combat ships
changed
Prohibition— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Navy may be obligated or expended to retire or prepare for the retirement, transfer, or placement in storage any ships designated as LCS-3 LCS–3 or LCS-4 LCS–4 until the date on which the Secretary of the Navy submits the certification required under subsection (b).
Certification— Upon the completion of all operational tests on each of the mission modules designed for the Littoral Combat Ship, the Secretary of the Navy shall submit to the congressional defense committees certification of such completion.
Sec. 1028 Report on implementation of Commandant’s Planning Guidance
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of the Commandant’s Planning Guidance. Such report shall include a detailed description of each of the following:
The specific number and type of manned littoral ships required to execute such Guidance.
The role of long-range unmanned surface vessels in the execution of such Guidance.
How platforms referred to in paragraphs (1) and (2) account for and interact with ground-based missiles fielded by teams of Marines deployed throughout the Indo-Pacific region.
changed
The integrated naval command and control architecture required to support the platforms referred to in paragraphs (1) and (2);(2).
changed
The projected cost and any additional resources required to deliver the platforms referred to in paragraph (1) and (2) by not later than five 5 years after the date of the enactment of this Act.
Form of report— The report required under this section shall be submitted in unclassified form, but may contain a classified annex. The unclassified report shall be made publicly available.
Sec. 1032 Annual report on use of social media by foreign terrorist organizations
added
added
Annual report— The Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees an annual report on—
added
the use of online social media platforms by entities designated as foreign terrorist organizations by the Department of State for recruitment, fundraising, and the dissemination of information; and
added
the threat posed to the national security of the United States by the online radicalization of terrorists and violent extremists.
added
Appropriate congressional committees— In this section, the appropriate congressional committees are—
added
the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and
added
the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.
Sec. 1041 Support of special operations to combat terrorism
Section 127e of title 10, United States Code, is amended—
by striking subsection (c) and inserting the following new subsection (c):
“(c) Procedures
“(1) In general—The authority in this section shall be exercised in accordance with such procedures as the Secretary shall establish for purposes of this section. The Secretary shall notify the congressional defense committees of any material change to such procedures.
“(2) Elements—The procedures required under paragraph (1) shall establish, at a minimum, each of the following:
“(A) Policy, strategy, or other guidance for the execution of, and constraints within, activities conducted under this section.
“(B) The processes through which activities conducted under this section are to be developed, validated, and coordinated, as appropriate, with relevant Federal entities.
“(C) The processes through which legal reviews and determinations are made to comply with this section and ensure that the exercise of authority under this section is consistent with the national security of the United States.
“(3) Notice to Congress—The Secretary shall provide to the congressional defense committees a notice of the procedures established pursuant to this section before any exercise of the authority in this section, and shall notify such committees of any material change of the procedures.”
in subsection (d)—
changed
in the subsection heading, by inserting “of initiation of support of an approved military operation” after “Notification”; and“Notification”;
changed
in paragraph (1), by striking “15” and inserting “30”;“30”; and
added
in paragraph (2), by adding at the end the following new subparagraphs:
added “(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.
added “(H) A description of the steps taken to ensure the support is consistent with other United States diplomatic and security objectives, including issues related to local political dynamics, civil-military relations, and human rights.
added “(I) A description of the steps taken to ensure that the recipients of the support have not engaged in human rights violations or violations of the Geneva Conventions of 1949, including vetting, training, and support for adequately investigating allegations of violations and removing support in case of credible reports of violations.”
by redesignating subsections (e) through (h) as subsections (f) through (i), respectively;
by inserting after subsection (d) the following new subsection (e):
“(e) Notification of modification or termination of support of an approved military operation
“(1) In general—Except as provided in paragraph (2), the Secretary shall provide to the congressional defense committees notice in writing by not later that—
“(A) 15 days before exercising the authority under this section to modify the support of an approved military operation;
“(B) 30 days before exercising the authority under this section to terminate the support of an approved military operation; or
“(C) as applicable, 30 days before exercising any other authority under which the Secretary engages or plans to engage with foreign forces, irregular forces, groups, or individuals.
“(2) Extraordinary circumstances—If the Secretary finds the existence of extraordinary circumstances affecting the national security of the United States, the Secretary shall provide the notice required under paragraph (1) not later than 48 hours before exercising authority referred to in subparagraph (A) or (B) of such paragraph.
“(3) Elements—Notice provided under paragraph (1) with respect to the modification or termination of support shall includes each of the following elements:
“(A) A description of the reasons for the modification or termination.
“(B) A description of the potential effects of the modification or termination of support on the forces providing the support.
“(C) A plan for the modification or termination of the support, including the consideration of the transition of such support from one fiscal authority to another.
“(D) A list of any relevant entities of the United States Government that are or will be involved in the modification or termination of such support, including any planned transition of such support from one Government entity to another.”
added
by striking subsection (g), as redesignated by paragraph (3), and inserting the following new subsection (g):
added “(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:
added “(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)).
added “(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)).
added “(3) The provision of support to regular forces, irregular forces, groups, or individuals to conduct operations that United States special operations forces are not otherwise authorized to conduct.
added “(4) Activities or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict.”
renumbered
was (7)
in subsection (i)(3), as redesignated by paragraph (3)—
renumbered
was (7)(2)
by redesignating subparagraphs (G) and (H) as subparagraphs (H) and (I), respectively; and
renumbered
was (7)(3)
by inserting after subparagraph (F) the following new subparagraph (G):
“(G) If there is a plan to modify or terminate the support to military operations to combat terrorism in any way, a detailed description of the plan, including—
“(i) a description of the reasons for the modification or termination;
“(ii) the potential effects of the modification or termination of support on the forces providing the support;
“(iii) a detailed plan for the modification or termination of the support; and
“(iv) a list of any relevant Government entities that are or will be involved in the modification or termination of such support, including any planned transition of such support from one Government entity to another.”
renumbered
was (8)
by adding at the end the following new subsection:
“(j) Modification defined—In this section, the term “modification”, with respect to support provided for an approved military operation, means—
“(1) an increase or decrease in funding of more than $750,000 or change greater than 40 percent of the material resources provided;
“(2) an increase or decrease in the amount or type of equipment that significantly alters the use of or risk to foreign forces, irregular forces, groups, or United States special operations forces; or
“(3) a change in the legal or operational authorities.”
Sec. 1044 Modification and technical correction to Department of Defense authority to provide assistance along the southern land border of the United States
Authority— Subsection (a) of section 1059 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 986; 10 U.S.C. 271 note prec.) is amended to read as follows:
“(a) Authority
“(1) Provision of assistance
“(A) In general—The Secretary of Defense may provide assistance to United States Customs and Border Protection for purposes of increasing ongoing efforts to secure the southern land border of the United States in accordance with the requirements of this section.
“(B) Requirements—If the Secretary provides assistance under subparagraph (A), the Secretary shall ensure that—
“(i) the provision of the assistance will not negatively affect military training, operations, readiness, or other military requirements; and
“(ii) the tasks associated with the support provided align with the mission or occupational specialty of any members of the Armed Forces, including members of the reserve components, or units of the Armed Forces, including the reserve components, that are deployed.
“(2) Notification requirement—Not later than 5 days after the date on which the Secretary decides to provide assistance under paragraph (1), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives notice of such decision.”
Reporting requirements— Subsection (f) of such section is amended to read as follows:
“(f) Reports
changed
“(1) Report required—Any time assistance is provided under subsection (a), not later than 30 days after the date on which such assistance is first provided, and every three 3 months thereafter during the period while such assistance is provided, the Secretary of Defense, in coordination with the Secretary of Homeland Security, shall submit to the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives a report that includes, for both the period covered by the report and the total period of the deployment, each of the following:
“(A) A description of the assistance provided.
“(B) A description of the Armed Forces, including the reserve components, deployed as part of such assistance, including an identification of—
“(i) the members of the Armed Forces, including members of the reserve components, deployed, including specific information about unit designation, size of unit, and whether any personnel in the unit deployed under section 12302 of title 10, United States Code;
“(ii) the readiness rating for each of the units deployed, including specific information about any impacts to planned training exercises for any such unit;
“(iii) the projected length of the deployment and any special pay and incentives for which deployed personnel may qualify during the deployment;
“(iv) any specific pre-deployment training provided for such members of the Armed Forces, including members of the reserve components;
“(v) the specific missions and tasks, by location, that are assigned to the members of the Armed Forces, including members of the reserve components, who are so deployed;
“(vi) the life support conditions and associated costs;
“(vii) the locations where units so deployed are conducting their assigned mission, together with a map showing such locations;
“(viii) a description of the rules and additional guidance applicable to the deployment, including the standing rules for the use of force for deployed personnel and the issuance of any weapons and ammunition; and
“(ix) the plan to transition the functions performed by the members of the Armed Forces, including members of the reserve components, to the Department of Homeland Security and Customs Border Protection.
“(C) The sources and amounts of funds expended—
“(i) during the period covered by the report; and
“(ii) during the total period for which such support has been provided.
“(D) The amount of funds obligated—
“(i) during the period covered by the report; and
“(ii) during the total period for which such support has been provided.
“(E) An assessment of the efficacy and cost-effectiveness of such assistance in support of the objectives and strategy of the Secretary of Homeland Security to address the challenges on the southern land border of the United States and recommendations, if any, to enhance the effectiveness of such assistance.
“(2) Form of report—Each report submitted under this subsection shall be submitted in unclassified form and without any designation relating to dissemination control, but may include a classified annex.”
Classification— The Law Revision Counsel is directed to place this section in a note following section 284 of title 10, United States Code.
Sec. 1045 Battlefield airborne communications node certification requirement
changed
Limitation— The Secretary of the Air Force may take no action that would prevent the Air Force from maintaining or operating the fleets of EQ-4 EQ–4 aircraft in the configurations and capabilities in effect on the date of the enactment of this Act, or in improved configurations and capabilities, before the date on which each of the three individual certifications described in subsection (b) have been submitted to the congressional defense committees.
changed
Certifications required— The certifications described in this subsection are the following;following:
changed
The written certification of the Chairman of the Joint Requirements Oversight Council that the replacement capability for the EQ-4 EQ–4 aircraft will—
changed
be fielded at the same time or before the divestment of the EQ-4 EQ–4 aircraft;
result in equal or greater capability available to the commanders of the combatant commanders; and
not result in less airborne capacity or on-station time available to the commanders of the combatant commands.
changed
The written certification of the Commander of United States Central Command that the replacement capability for the EQ-4 EQ–4 aircraft will not result in less airborne capacity or on-station time available for mission taskings that the EQ-4 EQ–4 provides, as of the date of the enactment of this Act, in the United States Central Command area of responsibility.
changed
The written certification of the Under Secretary of Defense for Acquisition and Sustainment that the validated operating and sustainment costs of the capability developed or fielded to replace an equivalent capacity the EQ-4 EQ–4 aircraft provides is less than the validated operating and sustainment costs for the EQ-4 EQ–4 aircraft on a comparable flight-hour cost basis.
changed
Calculation of flight-hour flight-Hour cost basis— For purposes of calculating the flight-hour cost basis under subsection (b)(3), the Under Secretary shall include all costs for—
Unit level manpower;
Unit operations;
maintenance;
sustaining support; and
system improvements.
Sec. 1047 Prohibition on use of funds for retirement of A–10 aircraft
changed
Prohibition— Notwithstanding sections 134 and 135 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Air Force may be obligated or expended to retire, prepare to retire, or place in storage or on backup aircraft inventory status any A-10 A–10 aircraft.
changed
Exception— The limitation under subsection (a) shall not apply to any individual A-10 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.
added
Implementation report— 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.
Sec. 1049 Limitation on use of funds pending public availability of top-line numbers of deployed members of the Armed Forces
Limitation— Of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for Operation and Maintenance, Defense-wide, Office of the Secretary of Defense, for Travel of Persons, not more than 75 percent may be obligated or expended until the date on which the Secretary of Defense makes publicly available the top-line numbers of deployed members of the Armed Forces described in subsection (b).
changed
Top-line Top-Line numbers described— The top-line numbers of deployed members of the Armed Forces referred to in subsection (a)—
are the numbers required to be made publicly available under section 595 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 122a note);
shall include all such numbers for fiscal year 2017 and each subsequent fiscal year; and
shall include the number of personnel on temporary duty and the number of personnel deployed in support of contingency operations.
Sensitive military operation— The requirement under subsection (a) to make the top-line numbers of deployed members of the Armed Forces publicly available is not satisfied if the Secretary, in exercising the waiver authority under subsection (b) of section 595 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 122a note) does not submit the notice and reasons for the waiver determination to Committees of Armed Services of the House of Representatives and the Senate as required under paragraph (2) of such subsection.
Sec. 1051 Conditions for permanently basing United States equipment or additional forces in host countries with at-risk vendors in 5G or 6G networks
In general— Prior to basing a major weapon system or additional permanently assigned forces comparable to or larger than a battalion, squadron, or naval combatant for permanent basing to a host country with at-risk 5th generation (5G) or sixth generation (6G) wireless network equipment, software, and services, including supply chain vulnerabilities identified by the Federal Acquisition Security Council, where United States military personnel and their families will be directly connected or subscribers to networks that include such at-risk equipment, software, and services in their official duties or in the conduct of personal affairs, the Secretary of Defense shall provide a notification to the congressional defense committees that includes a description of—
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;
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;
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
any other matters the Secretary determines to be relevant.
Applicability— The conditions in subsection (a) apply to the permanent long-term stationing of equipment and permanently assigned forces, and do not apply to short-term deployments or rotational presence to military installations outside the United States in connection with exercises, dynamic force employment, contingency operations, or combat operations.
changed
Report— Not later than one 1 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—
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; and
measures required to mitigate the risk described in paragraph (1), including the merit and feasibility of the relocation of certain personnel or equipment of the Department to another location without the presence of 5G or 6G telecommunications architecture provided by at-risk vendors.
Form— The report required by subsection (c) shall be submitted in a classified form with an unclassified summary.
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.
Sec. 1052 Curtailing Insurrection Act Violations of Individuals’ Liberties
added
added
Federal aid for State governments— Section 251 of title 10, United States Code, is amended—
added
by striking “Whenever” and inserting “(a) In general.—Whenever”; and
added
by adding at the end the following new subsection:
added “(b) Certification to Congress
added “(1) The President may not invoke the authority under this section unless the President and the Secretary of Defense certify to Congress that the State concerned is unable or unwilling to suppress an insurrection described in subsection (a).
added “(2) A certification under paragraph (1) shall include the following:
added “(A) A description of the circumstances necessitating the invocation of the authority under this section.
added “(B) Demonstrable evidence that the State concerned is unable or unwilling to suppress such insurrection, and a legal justification for resorting to the authority under this section to so suppress.
added “(C) A description of the mission, scope, and duration of use of members of the armed forces under this section.”
added
Use of militia and armed forces To enforce Federal authority— Section 252 of title 10, United States Code, is amended to read as follows:
added “252. Use of militia and armed forces to enforce Federal authority
added “(a) Authority—Whenever unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings, the President may call into Federal service such of the militia of any State, and use such of the armed forces, as the President considers necessary to enforce those laws or to suppress the rebellion.
added “(b) Certification to Congress
added “(1) The President may not invoke the authority under this section unless the President and the Secretary of Defense certify to Congress that the State concerned is unable or unwilling to suppress an unlawful obstruction, combination, or assemblage, or rebellion against the authority of the United States described in subsection (a).
added “(2) A certification under paragraph (1) shall include the following:
added “(A) A description of the circumstances necessitating the invocation of the authority under this section.
added “(B) Demonstrable evidence that the State concerned is unable or unwilling to suppress such unlawful obstruction, combination, or assemblage, or rebellion against the authority of the United States, and a legal justification for resorting to the authority under this section to so suppress.
added “(C) A description of the mission, scope, and duration of use of members of the armed forces under this section.”
added
Interference with State and Federal law— Section 253 of title 10, United States Code, is amended—
added
by striking “The President” and inserting “(a) Authority.—(1) The President”;
added
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
added
by striking “In any situation covered by clause (1),” and inserting “(2) In any situation covered by paragraph (1)(A),”; and
added
by adding at the end the following new subsection:
added “(b) Certification to Congress
added “(1) The President may not invoke the authority under this section unless the President and the Secretary of Defense certify to Congress that the State concerned is unable or unwilling to suppress an insurrection, domestic violence, unlawful combination, or conspiracy, as described in subsection (a).
added “(2) A certification under paragraph (1) shall include the following:
added “(A) A description of the circumstances necessitating the invocation of the authority under this section.
added “(B) Demonstrable evidence that the State concerned is unable or unwilling to suppress such insurrection, domestic violence, unlawful combination, or conspiracy, and a legal justification for resorting to the authority under this section to so suppress.
added “(C) A description of the mission, scope, and duration of use of members of the armed forces under this section.”
added
Consultation with Congress—
added
In general— Chapter 13 of title 10, United States Code, is amended by adding at the end the following new section:
added “256. Consultation
added “The President, in every possible instance, shall consult with Congress before invoking the authority under section 251, 252, or 253 of this title.”
added
Clerical amendment— The table of sections at the beginning of chapter 13 of title 10, United States Code, is amended by adding at the end the following new item:
added
Restriction on direct participation by military personnel—
added
In general— Such chapter is further amended by adding at the end the following new section:
added “257. Restriction on direct participation by military personnel
added “(a) In general—No activity under this chapter shall permit direct participation by a member of the Army, Navy, Air Force, Marine Corps, or Space Force in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise expressly authorized by law.
added “(b) Regulations—The Secretary of Defense shall prescribe such regulations as may be necessary to ensure compliance with subsection (a).
added “(c) Rule of construction—Nothing in this section shall be construed to limit authority of law enforcement personnel of the armed forces on Federal military installations”
added
Clerical amendment— The table of sections at the beginning of such chapter is further amended by adding at the end the following new item:
Sec. 1053 Prohibition on use of funds for discriminatory algorithmic decisionmaking systems
addedadded None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Joint Artificial Intelligence Center to acquire or develop new artificial intelligence systems may be obligated or expended unless the Department of Defense, or the vendor of such new system, has—
added
assessed such algorithmic decision-making system, or commits to assess such system within 1 year of the date of such acquisition or completion of development, with respect to its potential to perpetuate or introduce discriminatory bias against protected classes of persons, including on the basis of sex, race, age, disability, color, creed, national origin, or religion, and after the completion of such assessment, transmits to the Secretary a description of the methodology by which such assessment was conducted;
added
sought to address any unintended discriminatory bias identified pursuant to paragraph (1) prior to deploying such system, and through periodic assessments during use of such systems, in any context where such usage poses a tangible risk of resulting in an action which could reasonably be seen to violate any law, policy, regulation, or other codified practice of the United States with respect to anti-discrimination, equal protection, or civil rights, and transmitted to the Secretary a description of the measures undertaken to comply with the requirements of this section; and
added
ensured that such system conforms to the DoD AI Ethics Principles for purposes of identifying and addressing the causes of potential discriminatory biases in the system.
Sec. 1054 Inclusion of explosive ordnance disposal in special operations activities
addedadded Section 167(k) of title 10, United States Code, is amended—
added
by redesignating paragraph (10) as paragraph (11); and
added
by inserting after paragraph (9) the following new paragraph (10):
added “(10) Explosive ordnance disposal.”
Sec. 1055 Requirements in connection with use of personnel other than the militia or the Armed Forces to suppress interference with State and Federal law
added
added
In general— Section 253 of title 10, United States Code, is amended—
added
by inserting “(a) In General.—” before “The President”; and
added
by adding at the end the following new subsection:
added “(b) Use of other means
added “(1) Other means used by the President pursuant to subsection (a) may only include activities by Federal law enforcement officers.
added “(2) Any Federal law enforcement officer performing duty pursuant to subsection (a) shall visibly display on the uniform or other clothing of such officer—
added “(A) the name of such officer; and
added “(B) the name of the agency for which such officer is employed.
added “(3) In this subsection:
added “(A) The term “Federal law enforcement officer” means—
added “(i) an employee or officer in a position in the executive, legislative, or judicial branch of the Federal Government who—
added “(I) is authorized by law to engage in or supervise a law enforcement function; or
added “(II) has statutory powers of arrest or apprehension under section 807(b) of this title (article 7(b) of the Uniform Code of Military Justice); or
added “(ii) an employee or officer of a contractor or subcontractor (at any tier) of an agency in the executive, legislative, or judicial branch of the Federal Government who is authorized by law or under the contract with the agency to engage in or supervise a law enforcement function; and
added “(B) The term “law enforcement function” means the prevention, detection, or investigation of, or the prosecution or incarceration of any person for, any violation of law.”
added
Rule of construction— Nothing in this section, or the amendments made by this section, shall be construed to limit or otherwise supersede the authority of Federal law enforcement officials who do not wear a uniform in the regular performance of their official duties or who are engaged in undercover operations to perform their official duties under authorities other than section 253 of title 10, United States Code.
Sec. 1056 Limitation on deactivation, unmanning, or selling of Army watercraft assets pending comprehensive analysis of mobility requirements and capabilities
addedadded None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Department of Defense maybe obligated or expended for the deactivation, unmanning,or selling of any Army watercraft assets, until the Secretary of Defense submits to Congress certification that—
added
the Secretary has received and accepted the federally funded research and development center Army watercraft study as directed by section 1058 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92);
added
the review, analysis, and recommendations of such study are included in the mobility, capabilities, requirements study; and
added
the Secretary will include in such study a review and analysis of—
added
doctrine-based roles and missions of the military services;
added
current and future investments;
added
the effects of emerging operational concepts;
added
demand signals of Department of Defense small vessels relative to Army watercraft, Navy small ships, and amphibious connectors; and
added
readiness risk being assumed across each of the geographic combatant commands.
Sec. 1109 Fire Fighters Alternative Work Schedule demonstration project
In general— Not later than 180 days after the date of enactment of this Act, the Commander, Navy Region Mid-Atlantic, shall establish and carry out, for a period of not less than 5 years, a Fire Fighters Alternative Work Schedule demonstration project for the Navy Region Mid-Atlantic Fire and Emergency Services. Such demonstration project shall provide, with respect to each Services employee, that—
changed
assignments to tours of duty are scheduled in advance over periods of not less than two 2 weeks;
changed
tours of duty are scheduled using a regularly recurring pattern of 48-hour shifts followed by 48 or 72 consecutive non-work hours, as determined by mutual agreement between the Navy Region Mid-Atlantic and the exclusive employee representative at each Navy Region Mid-Atlantic Installation, in such a manner that each employee is regularly scheduled for 144-hours in any two-week 2-week period;
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;
no right shall be established to any form of premium pay, including night, Sunday, holiday, or hazard duty pay; and
leave accrual and use shall be consistent with other applicable law and regulation.
Report— Not later than 180 days following the end of such demonstration project, the Commander, Navy Region Mid-Atlantic, shall submit a report to the Committees on Armed Services of the House of Representatives and the Senate detailing—
any financial savings or expenses directly and inseparably linked to the demonstration project;
any intangible quality of life and morale improvements achieved by the demonstration project; and
any adverse impact of the demonstration project occurring solely as the result of the transition to the demonstration project.
Sec. 1111 Restoration of annual leave due to a pandemic
added
added
In general— Section 6304(d) of title 5, United States Code, is amended by adding at the end the following new paragraph:
added “(5) For the purposes of this subsection, the service of an employee during a pandemic shall be deemed to be an exigency of the public business, and any leave that, by reason of such service, is lost by the employee by operation of this section (regardless of whether such leave was scheduled) shall be restored to the employee and shall be credited and available in accordance with paragraph (2).”
added
Applicability— The amendment made by subsection (a) shall apply to any leave lost on or after the date of enactment of this Act.
Sec. 1112 Prohibition on downloading or using TikTok by Federal employees
added
added
In general— Except as provided in subsection (b), no employee of the United States, officer of the United States, Member of Congress, congressional employee, or officer or employee of a government corporation may download or use TikTok or any successor application developed by ByteDance or any entity owned by ByteDance on any device issued by the United States or a government corporation.
added
Exception— Subsection (a) shall not apply to any investigation, cybersecurity research activity, enforcement action, disciplinary action, or intelligence activity.
Sec. 1113 Telework travel expenses program of the United States Patent and Trademark Office
added
added
In general— Section 5711 of title 5, United States Code, is amended—
added
in the section heading, by striking “test”;
added
in subsection (f)—
added
in paragraph (1)—
added
in the matter preceding subparagraph (A), by striking “committee” and inserting “committees”; and
added
in subparagraph (B), by striking “Government”;
added
in paragraph (2)—
added
by striking “test”; and
added
by striking “section, including the provision of reports in accordance with subsection (d)(1)” and inserting “subsection”;
added
in paragraph (4)(B), in the matter preceding clause (i), by inserting “and maintain” after “develop”; and
added
in paragraph (5)—
added
in subparagraph (A), by striking “test”; and
added
by striking subparagraph (B) and inserting the following:
added “(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—
added “(i) the costs and benefits of the program; and
added “(ii) an analysis of the effectiveness of the program, as determined under criteria developed by the Director.”
added
in subsection (g), by striking “this section” and inserting “subsection (b)”.
added
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:
Sec. 1114 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
addedadded Section 5542(a)(6)(B) of title 5, United States Code, is amended by striking “September 30, 2021” and inserting “September 30, 2026”.
Sec. 1115 Vacancy of Inspector General positions
added
added
In general— Section 3345 of title 5, United States Code, is amended by adding at the end the following:
added “(d)
added “(1) Notwithstanding subsection (a), if an Inspector General position that requires appointment by the President by and with the advice and consent of the Senate to be filled is vacant, the first assistant of such position shall perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of section 3346.
added “(2) Notwithstanding subsection (a), if for purposes of carrying out paragraph (1) of this subsection, by reason of absence, disability, or vacancy, the first assistant to the position of Inspector General is not available to perform the functions and duties of the Inspector General, an acting Inspector General shall be appointed by the President from among individuals serving in an office of any Inspector General, provided that—
added “(A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable Inspector General, the individual served in a position in an office of any Inspector General for not less than 90 days; and
added “(B) the rate of pay for the position of such individual is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.”
added
Application— The amendment made by subsection (a) shall apply to any vacancy first occurring with respect to an Inspector General position on or after the date of enactment of this Act.
Sec. 1127 Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 amendments
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:
“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.
“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.”
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:
“IV PROCESSING AND REFERRAL
“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).
“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.
“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.
“404. Referrals of findings of discrimination
changed
“(a) Eeoc 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.”
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—
by inserting after the item relating to section 206 the following:
by adding at the end the following:
Sec. 1131 Short title
addedadded This subtitle may be cited as the “National Cyber Director Act”.
Sec. 1132 National Cyber Director
added
added
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”).
added
National Cyber Director—
added
In general— The Office shall be headed by the National Cyber Director (in this section referred to as the “Director”) who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall hold office at the pleasure of the President, and shall be entitled to receive the same pay and allowances as are provided for level I of the Executive Schedule under section 5312 of title 5, United States Code.
added
Deputy directors— There shall be two Deputy National Cyber Directors, to be appointed by the President, who shall hold office at the pleasure of the President, and who shall report to the Director, as follows:
added
The Deputy National Cyber Director for Strategy, Capabilities, and Budget.
added
The Deputy National Cyber Director for Plans and Operations.
added
Duties of the National Cyber Director—
added
In general— Subject to the authority, direction, and control of the President, the Director shall—
added
serve as the principal advisor to the President on cybersecurity strategy and policy;
added
in consultation with appropriate Federal departments and agencies, develop the United States’ National Cyber Strategy, which shall include elements related to Federal departments and agencies—
added
information security; and
added
programs and policies intended to improve the United States’ cybersecurity posture;
added
in consultation with appropriate Federal departments and agencies and upon approval of the National Cyber Strategy by the President, supervise implementation of the strategy by—
added
in consultation with the Director of the Office of Management and Budget, monitoring and assessing the effectiveness, including cost-effectiveness, of Federal departments and agencies’ implementation of the strategy;
added
making recommendations relevant to changes in the organization, personnel and resource allocation, and policies of Federal departments and agencies to the Director of the Office of Management and Budget and heads of such departments and agencies in order to implement the strategy;
added
reviewing the annual budget proposal for each Federal department or agency and certifying to the head of each Federal department or agency and the Director of the Office Management and Budget whether the department or agency proposal is consistent with the strategy;
added
continuously assessing and making relevant recommendations to the President on the appropriate level of integration and interoperability across the Federal cybersecurity operations centers;
added
coordinating with the Federal Chief Information Officer, the Federal Chief Information Security Officer, the Director of the Cybersecurity and Infrastructure Security Agency, and the Director of National Institute of Standards and Technology on the development and implementation of policies and guidelines related to issues of Federal department and agency information security; and
added
reporting annually to the President and the Congress on the state of the United States’ cybersecurity posture, the effectiveness of the strategy, and the status of Federal departments and agencies’ implementation of the strategy;
added
lead joint interagency planning for the Federal Government’s integrated response to cyberattacks and cyber campaigns of significant consequence, to include—
added
coordinating with relevant Federal departments and agencies in the development of, for the approval of the President, joint, integrated operational plans, processes, and playbooks for incident response that feature—
added
clear lines of authority and lines of effort across the Federal Government;
added
authorities that have been delegated to an appropriate level to facilitate effective operational responses across the Federal Government; and
added
support for the integration of defensive cyber plans and capabilities with offensive cyber plans and capabilities in a manner consistent with improving the United States’ cybersecurity posture;
added
exercising these operational plans, processes, and playbooks;
added
updating these operational plans, processes, and playbooks for incident response as needed in coordination with ongoing offensive cyber plans and operations; and
added
ensuring these plans, processes, and playbooks are properly coordinated with relevant private sector entities, as appropriate;
added
direct the Federal Government’s response to cyberattacks and cyber campaigns of significant consequence, to include—
added
developing for the approval of the President, with the heads of relevant Federal departments and agencies independently or through the National Security Council as directed by the President, operational priorities, requirements, and tasks;
added
coordinating, deconflicting, and ensuring the execution of operational activities in incident response; and
added
coordinating operational activities with relevant private sector entities;
added
coordinate and consult with private sector leaders on cybersecurity and emerging technology issues with the support of, and in coordination with, the Cybersecurity and Infrastructure Security Agency and other Federal departments and agencies, as appropriate;
added
annually report to Congress on cybersecurity threats and issues facing the nation, including any new or emerging technologies that may impact national security, economic prosperity, or enforcing the rule of law; and
added
be responsible for such other functions as the President may direct.
added
Delegation of authority— The Director may—
added
serve as the senior representative on any body that the President may establish for the purpose of providing the President advice on cybersecurity;
added
be empowered to convene National Security Council, National Economic Council and Homeland Security Council meetings, with the concurrence of the National Security Advisor, Homeland Security Advisor, or Director of the National Economic Council, as appropriate;
added
be included as a participant in preparations for and, if appropriate, execution of cybersecurity summits and other international meetings at which cybersecurity is a major topic;
added
delegate any of the Director’s functions, powers, and duties to such officers and employees of the Office as he may designate; and
added
authorize such successive re-delegations of such functions, powers, and duties to such officers and employees of the Office as he may deem appropriate.
added
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”.
added
Powers of the Director— The Director may, for the purposes of carrying out the Director’s functions under this section—
added
subject to the civil service and classification laws, select, appoint, employ, and fix the compensation of such officers and employees as are necessary and prescribe their authority and duties, except that not more than 75 individuals may be employed without regard to any provision of law regulating the employment or compensation at rates not to exceed the basic rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code;
added
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;
added
promulgate such rules and regulations as may be necessary to carry out the functions, powers, and duties vested in the Director;
added
utilize, with their consent, the services, personnel, and facilities of other Federal agencies;
added
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;
added
accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31, United States Code;
added
adopt an official seal, which shall be judicially noticed; and
added
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.
added
Definitions— In this section:
added
Cybersecurity posture— The term cybersecurity posture means the ability to identify and protect, and detect, respond to and recover from intrusions in, information systems the compromise of which could constitute a cyber attack or cyber campaign of significant consequence.
added
Cyber attacks and cyber campaigns of significant consequence— The term cyber attacks and cyber campaigns of significant consequence means an incident or series of incidents that have the purpose or effect of—
added
causing a significant disruption to the availability of a Federal information system;
added
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;
added
significantly compromising the provision of services by one or more entities in a critical infrastructure sector;
added
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
added
otherwise constituting a significant threat to the national security, foreign policy, or economic health or financial stability of the United States.
added
Incident— The term incident has the meaning given that term in section 3552 of title 44, United States Code.
added
Information security— The term information security has the meaning given that term in section 3552 of title 44, United States Code.
Sec. 1206 Report on human rights and building partner capacity programs
added
added
In general— Not later than 120 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 appropriate congressional committees a report identifying units of national security forces of foreign countries that—
added
have participated in programs under the authority of section 333 of title 10, United States Code, during any of fiscal years 2017 through 2020; and
added
are subject to United States sanctions relating to gross violations of internationally recognized human rights under any other provision of law, including as described in the annual Department of State’s Country Reports on Human Rights Practices.
added
Matters To be included— The report required by subsection (a) should include recommendations to improve human rights training and additional measures that can be adopted to prevent violations of human rights under any other provision of law.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
added
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1207 Extension of Department of Defense support for stabilization activities in national security interest of the United States
addedadded 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. 1213 Limitation on use of funds to reduce deployment to Afghanistan
Sense of Congress— It is the sense of Congress that—
it is in the national security interests of the United States to deny terrorists safe haven in Afghanistan, protect the United States homeland, uphold the United States partnership with the Government of Afghanistan and cooperation with the Afghan National Defense and Security Forces, and protect the hard-fought rights of women, girls, and other vulnerable populations in Afghanistan;
a rapid military drawdown and a lack of United States commitment to the security and stability of Afghanistan would undermine diplomatic efforts for peace;
changed
the current agreement between the United States and the Taliban does is not provide a substitute for a final intra-Afghan agreement that provides for the appropriate protections for vulnerable populations, does not create creates conditions for the rejection of violence and prevention of international terrorist safe havens, and does not represent represents a realistic durable diplomatic solution, based on verifiable facts and conditions on the ground, that provides for long-term stability; and
changed
the Administration has a constitutional obligation to provide Congress with timely regular, timely, and comprehensive information on the status of security operations and diplomatic efforts in a form that can be transparently communicated to the American people.
Limitation— Until the date on which the Secretary of Defense, in concurrence with each covered official, submits the report described in subsection (c) to the appropriate congressional committees, none of the amounts authorized to be appropriated for fiscal year 2020 or 2021 for the Department of Defense may be obligated or expended for any activity having either of the following effects:
Reducing the total number of Armed Forces deployed to Afghanistan below the lesser of—
changed
8,000, 8,000; or
the total number of the Armed Forces deployed as of the date of the enactment of this Act.
Reducing the total number of Armed Forces deployed to Afghanistan below 4,000.
Report— The report described in this subsection shall include each of the following:
A certification that the intended withdrawal of the United States Armed Forces in Afghanistan—
will not compromise or otherwise negatively affect the ongoing United States counterterrorism mission against the Islamic State, al-Qaeda, and associated forces;
will not unduly increase the risk to United States personnel in Afghanistan;
changed
will not increase the risk for the expansion of existing or formation of new international terrorist safe havens inside Afghanistan;
will be undertaken with the consultation and coordination of allies supporting the United States- and North Atlantic Treaty Organization-led missions; and
is in the best interest of United States national security and in furtherance of United States policy toward Afghanistan for achieving an enduring diplomatic solution.
An analysis of the impact that the intended withdrawal of United States Armed Forces from Afghanistan would have on each of the following:
The threat posed by the Taliban and terrorist organizations, including by each covered terrorist organization, to—
the United States homeland;
United States interests abroad;
allied countries of the North Atlantic Treaty Organization;
the Government of Afghanistan; and
regional peace and security.
changed
The status ability of the Afghan government to uphold the human and civil rights (including access to voting, education, justice, and economic opportunities) of women, girls, people with disabilities, religious and ethnic minorities, and other vulnerable populations in Afghanistan.
Transparent, credible, and inclusive political processes in Afghanistan.
The capacity of the Afghan National Defense and Security Forces to effectively—
prevent or defend against attacks by the Taliban or by terrorist organizations (including by each covered terrorist organization) on civilian populations;
changed
prevent the permanent takeover of one or more provincial capitals by the Taliban or by associated organizations;
changed
conduct counterterrorism operations necessary to deny safe harbor to terrorist organizations, including each covered international terrorist organization; organizations that the intelligence community assess pose a threat to the United States homeland and United States interests abroad; and
maintain institutional order and discipline.
changed
The influence of malign state actors Afghanistan’s neighbors and near neighbors on the sovereignty of Afghanistan and the strategic national security interests of the United States in the region.
Any other matter the Secretary of Defense, in concurrence with each covered official, determines appropriate.
changed
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;
the Taliban has publicly renounced al-Qaeda;
the Taliban has made any efforts to break with al-Qaeda since February 29, 2020, and a description of these efforts;
any senior al-Qaeda leaders, including Ayman al-Zawahiri, or any leaders of al-Qaeda in the Indian Subcontinent, have been present in Afghanistan since February 29, 2020, and if so, the names of the leaders, the dates they were present in Afghanistan, and their other locations since February 29, 2020;
any members of al-Qaeda, al-Qaeda in the Indian Subcontinent, al-Qaeda-affiliated groups, or any covered terrorist organization have, since February 29, 2020—
fought alongside, trained alongside, otherwise operated alongside, or sheltered with the Taliban in Afghanistan;
conducted attacks inside Afghanistan, and, if so, the dates and locations of such attacks;
operated training camps or related facilities inside Afghanistan, and, if so, the locations of those camps or facilities;
changed
traveled from Afghanistan to Pakistan or Iran, or Afghanistan from Pakistan Pakistan, Iran, or Iran to Afghanistan;neighboring countries;
continued to have ties to any Taliban leaders or members located in Pakistan; or
continued to work with the Haqqani Network;
changed
any of the prisoners released by the Government of Afghanistan as a result of the since February 29, 2020, agreement between the United States and Taliban—2020—
are members of, or have ties to, any covered terrorist organizations or any other organization designated by the United States as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) and, if so, the names of such former prisoners and the reasons for their detention inside Afghanistan; or
are suspected of taking part in attacks against American service members or civilians or attacks that caused American casualties and, if so, the names of the prisoners, the date and location of such attacks, and the number of American casualties attributed to such attacks;
any of the prisoners the Taliban has requested for release, but who have not yet been released as of the date of the enactment of this Act, are members of, or have ties to, any covered terrorist organizations or any other organization designated by the United States as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) and, if so, the names of the prisoners and the organizations to which they are affiliated; and
senior Taliban leaders, including members of the Haqqani Network, who are located in Pakistan continue to exercise control over the insurgency in Afghanistan.
The number of attacks that the Taliban has carried out in Afghanistan since February 29, 2020, including the location and date of each attack as well as casualties related to each attack.
Form— The report described in subsection (c) shall be submitted in unclassified form without any designation relating to dissemination control, but may contain a classified annex that is accompanied by an unclassified summary of the annex.
Waiver— The Secretary of Defense may waive the limitation under subsection (b) if, in consultation with the Chairman of the Joint Chiefs of Staff and the Commander of United States Forces, Afghanistan, the Secretary—
determines that the waiver is—
necessary due to an imminent and extraordinary threat to members of the United States Armed Forces in the Afghanistan; or
vital to the national security interests of the United States; and
submits to the appropriate congressional committees a detailed, written justification for such waiver, not later than 10 days after the effective date of the waiver; and
in the case of a determination described in paragraph (1)(A), includes in such justification each of the following:
A detailed description of the change in threat assessment leading to the determination.
An explanation for the reasons for which existing force protection mechanisms were not sufficient to reasonably ensure the safety of members of the Armed Forces.
The steps that have been taken to ensure that United States equipment does not fall into enemy hands.
A description of the coordination with allied countries of the North Atlantic Treaty Organization and with other allies and partners with respect to the withdrawal.
A description of the coordination with the Department of State to ensure the safety of American citizens in Afghanistan in light of and subsequent to the withdrawal.
Definitions— In this section:
Appropriate congressional committees— The term appropriate congressional committees means—
the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate;
the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate; and
the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
Covered official— The term covered official means—
the Secretary of State;
the Director of National Intelligence;
added
the Director of the Central Intelligence Agency;
renumbered
was (7)(4)(5)
the Chairman of the Joint Chiefs of Staff;
renumbered
was (7)(4)(6)
the Commander of United States Central Command;
renumbered
was (7)(4)(7)
the Commander of United States Forces, Afghanistan; and
renumbered
was (7)(4)(8)
the United States Permanent Representative to the North Atlantic Treaty Organization.
Covered terrorist organization— The term covered terrorist organization means any of the following:
al-Qaeda and affiliates, including al-Qaeda in the Indian Subcontinent.
The Islamic State and affiliates.
Tehrik-e Taliban Pakistan.
The Haqqani Network.
Islamic Movement of Uzbekistan.
Eastern Turkistan Islamic Movement.
Ansralluh.
Lashkar-e-Tayyiba (including under the alias Jamaat-ud-Dawa).
Jaish-e-Mohammed.
Harakat ul-Jihad-Islami.
Harakat ul-Mujahidin.
Jaysh al-Adl.
Lashkar-i-Jhangvi.
Mullah Nasir Group.
Hafiz Gul Bahadar Group.
Lashkar-i-Islam.
Islamic Jihad Union Group.
Jamaat-ud-Dawa al Quran.
Ansarul Islam.
Sec. 1214 Report on Operation Freedom Sentinel
changed
In general— Not later than 90 days after the date of the enactment of this Act, and as part of the materials relating to Operation Freedom Sentinel submitted to Congress by the Secretary of Defense in support of the budget of the President for the following two 2 fiscal years, the Secretary shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report on Operation Freedom Sentinel.
changed
Matters to To be included— The report required by subsection (a) shall include a list and description of activities, exercises, and funding amounts carried out under the operation, including—
specific direct war costs;
activities that occur in Afghanistan;
activities that occur outside of Afghanistan, including training and costs relating to personnel;
activities that provide funding to any of the services that is part of the operation’s budget request; and
activities related to transportation, logistics, and other support.
Sec. 1215 Modifications to immunity from seizure under judicial process of cultural objects
added
added
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—
added
in the heading, by striking “temporary exhibition or display” and inserting “temporary storage, conservation, scientific research, exhibition, or display”;
added
in subsection (a)—
added
by striking “the temporary exhibition or display thereof” each place it appears and inserting “temporary storage, conservation, scientific research, exhibition, or display”; and
added
by striking “cultural or educational” each place it appears and inserting “cultural, educational, or religious”; and
added
by adding at the end the following:
added “(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.”
added
Afghanistan—
added
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—
added
the work or object is exported from Afghanistan with an export permit or license duly issued by the Government of Afghanistan; and
added
added
an agreement is entered into between the Government of Afghanistan and the cultural, educational, or religious institution within the United States that specifies the conditions for such material to be returned to Afghanistan; or
added
the work or object is transferred to a cultural, educational, or religious institution in the United States in accordance with an agreement described in clause (i) that also includes an authorization to transfer such work or object to such an institution.
Sec. 1216 Strategy for post-conflict engagement by the United States in Afghanistan
added
added
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, a strategy for post-conflict engagement by the United States in Afghanistan to support the implementation of commitments for women and girls’ inclusion and empowerment in the Agreement, as well as to protect and promote basic human rights in Afghanistan, especially the human rights of women and girls.
added
Required elements— The Secretary of State shall seek to ensure that activities carried out under the strategy—
added
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;
added
disaggregate all data collected and reported by age, gender, marital and motherhood status, disability, and urbanity, to the extent practicable and appropriate; and
added
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. 1217 Congressional oversight of United States talks with Taliban officials and Afghanistan’s comprehensive peace process
added
added
Definitions— In this section:
added
Appropriate congressional committees— The term appropriate congressional committees means—
added
the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and
added
the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
added
Government of Afghanistan— The term Government of Afghanistan means the Government of the Islamic Republic of Afghanistan and its agencies, instrumentalities, and controlled entities.
added
The Taliban— The term the Taliban—
added
refers to the organization that refers to itself as the “Islamic Emirate of Afghanistan”, that was founded by Mohammed Omar, and that is currently led by Mawlawi Hibatullah Akhundzada; and
added
includes subordinate organizations, such as the Haqqani Network, and any successor organization.
added
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 February 29, 2020.
added
Oversight of peace process and other agreements—
added
Transmission to Congress of materials relevant to the February 29 Agreement— The Secretary of State, in consultation with the Secretary of Defense, shall continue to submit to the appropriate congressional committees materials relevant to the February 29 Agreement.
added
Submission to Congress of any future deals 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 future agreement or arrangement involving the Taliban in any manner, as well as materials relevant to any future agreement or arrangement involving the Taliban in any manner.
added
Definitions— In this subsection, the terms materials relevant to the February 29 Agreement and materials relevant to any future agreement or arrangement include all annexes, appendices, and instruments for implementation of the February 29 Agreement or a future agreement or arrangement, as well as any understandings or expectations related to the Agreement or a future agreement or arrangement.
added
Report and briefing on verification and compliance—
added
In general—
added
Report— 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 future agreements, and accompanying implementing frameworks are being preserved and honored.
added
Briefing— At the time of each report submitted under subparagraph (A), the Secretary of State shall direct a Senate-confirmed Department of State official and other appropriate officials to brief the appropriate congressional committees on the contents of the report. The Director of National Intelligence shall also direct an appropriate official to participate in the briefing.
added
Elements— The report and briefing required under paragraph (1) shall include—
added
an assessment—
added
of the Taliban’s compliance with counterterrorism guarantees, including guarantees to deny safe haven and freedom of movement to al-Qaeda and other terrorist threats from operating on territory under its influence; and
added
whether the United States intelligence community has collected any intelligence indicating the Taliban does not intend to uphold its commitments;
added
an assessment of Taliban actions against terrorist threats to United States national security interests;
added
an assessment of whether Taliban officials have made a complete, transparent, public, and verifiable breaking of all ties with al-Qaeda;
added
an assessment of the current relationship between the Taliban and al-Qaeda, including any interactions between members of the two groups in Afghanistan, Pakistan, or other countries, and any change in Taliban conduct towards al-Qaeda since February 29, 2020;
added
an assessment of 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;
added
an assessment of whether the Haqqani Network has broken ties with al-Qaeda, and whether the Haqqani Network’s leader Sirajuddin Haqqani remains part of the leadership structure of the Taliban;
added
an assessment of threats emanating from Afghanistan against the United States homeland and United States partners, and a description of how the United States Government is responding to those threats;
added
an assessment of intra-Afghan discussions, political reconciliation, and progress towards a political roadmap that seeks to serve all Afghans;
added
an assessment of the viability of any intra-Afghan governing agreement;
added
an assessment as to whether the terms of any reduction in violence or ceasefire are being met by all sides in the conflict;
added
a detailed overview of any United States and NATO presence remaining in Afghanistan and any planned changes to such force posture;
added
an assessment of the status of human rights, including the rights of women, minorities, and youth;
added
an assessment of the access of women, minorities, and youth to education, justice, and economic opportunities in Afghanistan;
added
an assessment of the status of the rule of law and governance structures at the central, provincial, and district levels of government;
added
an assessment of the media and of the press and civil society’s operating space in Afghanistan;
added
an assessment of illicit narcotics production in Afghanistan, its linkages to terrorism, corruption, and instability, and policies to counter illicit narcotics flows;
added
an assessment of corruption in Government of Afghanistan institutions at the district, provincial, and central levels of government;
added
an assessment of the number of Taliban and Afghan prisoners and any plans for the release of such prisoners from either side;
added
an assessment of any malign Iranian, Chinese, and Russian influence in Afghanistan;
added
an assessment of how other regional actors, such as Pakistan, the countries of Central Asia, and India, are engaging with Afghanistan;
added
a detailed overview of 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;
added
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 how these efforts are informing government-level policies and negotiations;
added
an assessment of the progress made by the Afghanistan Ministry of Interior and the Office of the Attorney General to address gross violations of human rights (GVHRs) by civilian security forces, Taliban, and non-government armed groups, including—
added
a breakdown of resources provided by the Government of Afghanistan towards these efforts; and
added
a summary of assistance provided by the United States Government to support these efforts; and
added
an overview of civilian casualties caused by the Taliban, non-government armed groups, and Afghan National Defense and Security Forces, including—
added
an estimate of the number of destroyed or severely damaged civilian structures;
added
a description of steps taken by the Government of Afghanistan to minimize civilian casualties and other harm to civilians and civilian infrastructure;
added
an assessment of the Government of Afghanistan’s capacity and mechanisms for investigating reports of civilian casualties; and
added
an assessment of the Government of Afghanistan’s efforts to hold local militias accountable for civilian casualties.
added
Counterterrorism strategy— In the event that the Taliban does not meet its counterterrorism obligations under the February 29 Agreement, the report and briefing required under this subsection shall include information detailing the United States’ counterterrorism strategy in Afghanistan and Pakistan.
added
Form— The report required under subparagraph (A) of paragraph (1) shall be submitted in unclassified form, but may include a classified annex, and the briefing required under subparagraph (B) of such paragraph shall be conducted at the appropriate classification level.
added
Rule of construction— Nothing in this section shall prejudice whether a future deal involving the Taliban in any manner constitutes a treaty for purposes of Article II of the Constitution of the United States.
added
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 Report on civilian casualties in Afghanistan
added
added
In general— Not later than 180 days after the date of enactment of this Act, and annually thereafter subject to subsection (c), the Secretary of Defense and 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 a report on civilian casualties caused by the Afghan National Defense and Security Forces and Taliban. Such report shall adhere to the existing reporting framework as the “Enhancing Security and Stability in Afghanistan” semiannual report.
added
Contents— The report shall include the following:
added
A description of the steps the Government of Afghanistan is taking to minimize civilian casualties and other harm to civilians and civilian infrastructure limited to health facilities, schools, and non-governmental organizations.
added
An assessment of civilian casualties and other harm to civilians and civilian infrastructure limited to health facilities, schools, and non-governmental organizations caused by the Taliban.
added
An assessment of the progress of implementation of the Government of Afghanistan’s national civilian casualty and mitigation policy.
added
An assessment of the Government of Afghanistan’s capacity and mechanisms for assessing and investigating reports of civilian casualties, to include a description of the function and effectiveness of the Afghan Civilian Casualty Mitigation Team and an assessment of the availability of channels for civilians to report civilian harm.
added
An assessment of the capacity of the Afghan National Defense and Security Forces and the Taliban to operate in effective compliance with the laws of armed conflict, to include its principles of proportion and distinction, and any gaps or weaknesses in need of addressing.
added
An assessment of the Afghan National Defense and Security Forces’ capacity for planning and conducting operations in accordance with the laws of armed conflict and for employing practices designed specifically to limit harm to civilians and civilian infrastructure; any plans in place by the United States Government to enhance the capacity of the ANDSF to minimize harm to civilians in the conduct of its operations; and any anticipated changes in support and oversight by United States forces that may have an effect on said capabilities.
added
A description of the Government of Afghanistan’s support for non-state localized and regional militias in Afghanistan, including—
added
an assessment of whether the Government of Afghanistan has the necessary oversight mechanisms in place to effectively restrain adverse impacts on stability and hold local militias accountable; and
added
a summary of the efforts by the Government of Afghanistan including the Ministry of Interior to integrate local and regionalized militias into the uniformed Afghan National Defense and Security Forces including efforts to support accountability and address human rights violations and abuses.
added
Any other matters the Secretary of Defense determines are relevant.
added
Sunset— The reporting requirement under this section shall terminate on the date that is 3 years after the date of enactment of this Act.
Sec. 1227 Report on the threat posed by Iranian-backed militias in Iraq
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report on the short- and long-term threats posed by Iranian-backed militias in Iraq to Iraq and to United States persons and interests.
added
Elements— The report required by subsection (a) shall include the following:
added
A detailed description of acts of violence and intimidation that Iranian-backed militias in Iraq have committed against Iraqi civilians during the previous 2 years.
added
A detailed description of the threat that Iranian-backed militias in Iraq pose to United States persons in Iraq and in the Middle East, including United States Armed Forces and diplomats.
added
A detailed description of the threat Iranian-backed militias in Iraq pose to United States partners in the region.
added
A detailed description of the role that Iranian-backed militias in Iraq play in Iraq’s armed forces and security services, including Iraq’s Popular Mobilization Forces.
added
An assessment of whether and to what extent any Iranian-backed militia in Iraq, or member of such militia, had illicit access to United States-origin defense equipment provided to Iraq since 2014 and the response from the Government of Iraq to each incident.
added
Form— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex only if such annex is provided separately from the unclassified report.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
added
the Committee on Armed Services and the Committee Foreign Relations of the Senate.
Sec. 1233 Modification and extension of Ukraine Security Assistance Initiative
In general— Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068) is amended—
in subsection (c)—
changed
in paragraph (1), by striking “50 percent of the funds available for fiscal year 2020 pursuant to subsection (f)(5)” and inserting “50 percent of the funds available for fiscal year 2021 pursuant to subsection (f)(6)”; and(f)(6)”;
in paragraph (3), by striking “fiscal year 2020” and inserting “fiscal year 2021”; and
in paragraph (5), by striking “Of the funds available for fiscal year 2020 pursuant to subsection (f)(5)” and inserting “Of the funds available for fiscal year 2021 pursuant to subsection (f)(6)”;
in subsection (f), by adding at the end the following:
“(6) For fiscal year 2021, $250,000,000.”
in subsection (h), by striking “December 31, 2022” and inserting “December 31, 2023”.
Extension of reports on military assistance to Ukraine— Section 1275(e) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3592) is amended by striking “January 31, 2021” and inserting “December 31, 2023”.
Sec. 1235 Sense of Congress on support for Ukraine
addedadded It is the sense of Congress that the United States should—
added
reaffirm support for an enduring strategic partnership between the United States and Ukraine;
added
support Ukraine’s sovereignty and territorial integrity within its internationally-recognized borders and make clear it does not recognize the independence of Crimea or Eastern Ukraine currently occupied by Russia;
added
continue support for multi-domain security assistance for Ukraine in the form of lethal and non-lethal measures to build resiliency, bolster deterrence against Russia, and promote stability in the region by—
added
strengthening defensive capabilities and promoting readiness; and
added
improving interoperability with NATO forces; and
added
further enhance security cooperation and engagement with Ukraine and other Black Sea regional partners.
Sec. 1236 Report on presence of Russian military forces in other foreign countries
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that contains the following:
added
A list of foreign countries that have consented to host military forces of Russia, including a description of—
added
any agreement between each country and Russia to host such forces;
added
the number of Russian military forces that are present in each country;
added
the location of Russian military forces that are present in each country;
added
the types of Russian military force structures that are present in each country;
added
the level and type of United States security assistance provided to each country; and
added
any military exercises that Russian forces have undertaken with each country.
added
A list of foreign countries with respect to which Russia has deployed military forces in violation of the territorial sovereignty of such countries, including a description of—
added
the number of Russian military forces that are present in each country;
added
the location of Russian military forces that are present in each country; and
added
the types of Russian military force structures that are present in each country.
added
Form— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the congressional defense committees;
added
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
added
the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
Sec. 1237 Sense of Congress on the Open Skies Treaty
addedadded It is the sense of Congress that—
added
the decision to withdraw from the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002—
added
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;
added
was made without asserting material breach of the Treaty by any other Treaty signatory; and
added
was made over the objections of NATO allies and regional partners;
added
confidence and security building measures that are designed to reduce the risk of conflict, increase trust among participating countries, and contribute to military transparency remain vital to the strategic interests of our NATO allies and partners and should continue to play a central role as the United States engages in the region to promote transatlantic security; and
added
while the United States must always consider the national security benefits of remaining in any treaty, responding to Russian violations of treaty protocols should be prioritized through international engagement and robust diplomatic action.
Sec. 1238 Countering Russian and Other Overseas Kleptocracy
added
added
Definitions— In this section
added
Rule of law— The term “rule of law” means the principle of governance in which all persons, institutions, and entities, whether public or private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, and which are consistent with international human rights norms and standards.
added
Foreign state— The term “foreign state” has the meaning given such term in section 1603 of title 28, United States Code.
added
Intelligence community— The term “intelligence community” has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
added
Public corruption— The term “public corruption” means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement.
added
Foreign assistance— The term “foreign assistance” means foreign assistance authorized under the Foreign Assistance Act of 1961.
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate; and
added
the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives.
added
International standards— It is the sense of Congress that the following international standards should be the foundation for foreign states to combat corruption, kleptocracy, and illicit finance:
added
The United Nations Convention against Corruption.
added
Recommendations of the Financial Action Task Force (FATF) comprising the International Standards on Combating Money Laundering and the Financing of Terrorism & Proliferation.
added
The Organisation for Economic Co-operation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (OECD Anti-Bribery Convention), the 2009 Recommendation of the Council for Further Combating Bribery, the 2009 Recommendation on the Tax Deductibility of Bribes to Foreign Public Officials; and other related instruments.
added
Legal instruments adopted by the Council of Europe and monitored by the Group of States against Corruption (GRECO), including the Criminal Law Convention on Corruption, the Civil Law Convention on Corruption, the Additional Protocol to the Criminal Law Convention on Corruption, the Twenty Guiding Principles against Corruption, the Recommendation on Codes of Conduct for Public Officials, and the Recommendation on Common Rules against Corruption in the Funding of Political Parties and Electoral Campaigns.
added
Organization for Security and Cooperation in Europe (OSCE) “Second Dimension” commitments on good governance, anti-corruption, anti-money laundering, and related issues.
added
The Inter-American Convention Against Corruption under the Organization of American States.
added
Statement of policy— It is the policy of the United States to—
added
leverage United States diplomatic engagement and foreign assistance to promote the rule of law;
added
promote the international standards identified in section 4, as well as other relevant international standards and best practices as such standards and practices develop, and to seek the universal adoption and implementation of such standards and practices by foreign states;
added
support foreign states in promoting good governance and combating public corruption;
added
encourage and assist foreign partner countries to identify and close loopholes in their legal and financial architecture, including the misuse of anonymous shell companies, free trade zones, and other legal structures, that are enabling illicit finance and authoritarian capital to penetrate their financial systems;
added
help foreign partner countries to investigate and combat the use of corruption by authoritarian governments, particularly that of Vladimir Putin in Russia, as a tool of malign influence worldwide;
added
make use of sanctions authorities, such as the Global Magnitsky Human Rights Accountability Act (enacted as subtitle F of title XII of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 22 U.S.C. 2656 note)), to identify and take action against corrupt foreign actors; and
added
ensure coordination between the departments and agencies of the United States Government with jurisdiction over the advancement of good governance in foreign states.
added
Anti-Corruption action fund—
added
In general— The Secretary of State shall establish in the Department of State a fund to be known as the “Anti-Corruption Action Fund” to aid foreign states to prevent and fight public corruption and develop rule of law-based governance structures, including accountable investigative, prosecutorial, and judicial bodies, and supplement existing foreign assistance and diplomacy with respect to such efforts.
added
Funding— There is authorized to be appropriated to the Fund an amount equal to five percent of each civil and criminal fine and penalty imposed pursuant to actions brought under the Foreign Corrupt Practices Act on or after the date of the enactment of this Act for each fiscal year. Amounts appropriated pursuant to this authorization shall be authorized to remain available until expended.
added
Support— The Anti-Corruption Action Fund may support governmental and nongovernmental parties in advancing the goals specified in paragraph (1) and shall be allocated in a manner complementary to existing United States foreign assistance, diplomacy, and the anti-corruption activities of other international donors.
added
Preference— In programing foreign assistance using the Anti-Corruption Action Fund, the Secretary of State shall give preference to projects that—
added
assist countries that are undergoing historic opportunities for democratic transition, combating corruption, and the establishment of the rule of law;
added
are important to United States national interests; and
added
where United States foreign assistance could significantly increase the chance of a successful transition described in subparagraph (A).
added
Public diplomacy— The Secretary of State shall publicize that funds provided to the Anti-Corruption Action Fund originate from actions brought under the Foreign Corrupt Practices Act so as to demonstrate that monies obtained under such Act are contributing to international anti-corruption work under this section, including by reducing the pressure that United States businesses face to pay bribes overseas, thereby contributing to greater United States competitiveness.
added
Interagency task force—
added
In general— The Secretary of State shall have primary responsibility for managing a whole-of-government effort to improve coordination among United States Government departments and agencies, as well as with other donor organizations, that have a role in promoting good governance in foreign states and enhancing the ability of foreign states to combat public corruption.
added
Interagency task force— Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall establish and convene an Interagency Task Force composed of—
added
representatives appointed by the President from appropriate departments and agencies, including the Department of State, the United States Agency for International Development (USAID), the Department of Justice, the Department of the Treasury, the Department of Homeland Security, the Department of Defense, the Department of Commerce, the Millennium Challenge Corporation, and the intelligence community; and
added
representatives from any other United States Government departments or agencies, as determined by the Secretary.
added
Additional meetings— The Interagency Task Force established in paragraph (2) shall meet not less than twice per year.
added
Duties— The Interagency Task Force established in paragraph (2) shall—
added
evaluate, on a general basis, the effectiveness of existing foreign assistance programs, including programs funded by the Anti-Corruption Action Fund under section 6, that have an impact on promoting good governance in foreign states and enhancing the ability of foreign states to combat public corruption;
added
assist the Secretary of State in managing the whole-of-government effort described in subsection (a);
added
identify general areas in which such whole-of-government effort could be enhanced; and
added
recommend specific programs for foreign states that may be used to enhance such whole-of-government effort.
added
Designation of embassy anti-Corruption points of contact—
added
Embassy anti-Corruption point of contact— The chief of mission of each United States embassy shall designate an anti-corruption point of contact for each such embassy.
added
Duties— The designated anti-corruption points of contact under paragraph (1) shall—
added
with guidance from the Interagency Task Force established under subsection (e), coordinate an interagency approach within United States embassies to combat public corruption in the foreign states in which such embassies are located that is tailored to the needs of such foreign states, including all relevant United States Government departments and agencies with a presence in such foreign states, such as the Department of State, USAID, the Department of Justice, the Department of the Treasury, the Department of Homeland Security, the Department of Defense, the Millennium Challenge Corporation, and the intelligence community;
added
make recommendations regarding the use of the Anti-Corruption Action Fund under section 6 and other foreign assistance related to anti-corruption efforts in their respective foreign states, aligning such assistance with United States diplomatic engagement; and
added
ensure that anti-corruption activities carried out within their respective foreign states are included in regular reporting to the Secretary of State and the Interagency Task Force under subsection (e), including United States embassy strategic planning documents and foreign assistance-related reporting, as appropriate.
added
Training— The Secretary of State shall develop and implement appropriate training for designated anti-corruption points of contact under this subsection.
added
Reporting requirements—
added
Report on promoting international standards in combating corruption, kleptocracy, and illicit finance— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Administrator of the USAID and the Secretary of the Treasury, shall submit to the appropriate congressional committees a report that—
added
summarizes any progress made by foreign states to adopt and implement each of the international standards in combating corruption, kleptocracy, and illicit finance listed in subsection (b);
added
details the efforts of the United States Government to promote such international standards;
added
identifies priority countries for outreach regarding such international standards; and
added
outlines a plan to encourage the adoption and implementation of such international standards, including specific steps to take with the priority countries identified in accordance with subparagraph (C).
added
Report on progress toward implementation— Not later than 1 year after the date of the enactment of this Act and annually thereafter for 3 years, the Secretary of State, in consultation with the Administrator of the USAID, shall submit to the appropriate congressional committees a report summarizing progress in implementing this Act, including—
added
a description of the bureaucratic structure of the offices within the Department and USAID that are engaged in activities to combat corruption, kleptocracy, and illicit finance, and how such offices coordinate with one another;
added
information relating to the amount of funds deposited in the Anti-Corruption Action Fund established under section 6 and the obligation, expenditure, and impact of such funds;
added
the activities of the Interagency Task Force established pursuant to subsection (e)(2);
added
the designation of anti-corruption points of contact for foreign states pursuant to subsection (f)(1) and any training provided to such points of contact pursuant to subsection (f)(3); and
added
additional resources or personnel needs to better achieve the goals of this Act to combat corruption, kleptocracy, and illicit finance overseas.
added
Online platform— The Secretary of State, in conjunction with the Administrator of the USAID, shall consolidate existing reports and briefings with anti-corruption components into one online, public platform, that includes the following:
added
The Annual Country Reports on Human Rights Practices.
added
The Fiscal Transparency Report.
added
The Investment Climate Statement reports.
added
The International Narcotics Control Strategy Report.
added
Any other relevant public reports.
added
Links to third-party indicators and compliance mechanisms used by the United States Government to inform policy and programming, such as the following:
added
The International Finance Corporation’s Doing Business surveys.
added
The International Budget Partnership’s Open Budget Index.
added
Multilateral peer review anti-corruption compliance mechanisms, such as the Organisation for Economic Co-operation and Development’s Working Group on Bribery in International Business Transactions, the Follow-Up Mechanism for the Inter-American Convention against Corruption (MESICIC), and the United Nations Convention against Corruption, done at New York October 31, 2003, to further highlight expert international views on foreign state challenges and efforts.
Sec. 1239 Report on threats to the United States Armed Forces from the Russian Federation
added
added
Report— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Director of National Intelligence and the Secretary of State, shall submit to the appropriate congressional committees a report on all threats to the United States Armed Forces and personnel of the United States from the Russian Federation and associated agents, entities, and proxies.
added
Elements— The report under subsection (a) shall include the following:
added
An assessment of all threats to the United States Armed Forces and personnel of the United States from Russia and associated agents, entities, and proxies in all theaters where United States Armed Forces are engaged.
added
A description of all actions taken to ensure force protection of both the United States Armed Forces and diplomats of the United States.
added
A description of non-military actions taken to emphasize to Russia that the United States will not tolerate threats to the armed forces of the United States, the allies of the United States, and the diplomats and operations of the United States.
added
Form— The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:
added
The Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
added
The Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.
Sec. 1241 Limitations on use of funds to reduce the total number of members of the Armed Forces serving on active duty who are stationed in Germany, to reduce the total number of members of the Armed Forces stationed in Europe, and to divest military infrastructure in Europe
changed
Limitation on use of funds to To reduce the total number of members of the Armed Forces serving on active duty who are stationed in Germany— None of the funds authorized to be appropriated or otherwise made available to the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2021, to take any action to reduce the total number of members of the Armed Forces serving on active duty who are stationed in Germany below the levels present on June 10, 2020, until 180 days after the date on which the Secretary of Defense and the Chairman of the Joint Chiefs of Staff have separately submitted to the congressional defense committees the following:
A certification that—
such a reduction is in the national security interest of the United States and will not significantly undermine the security of the United States or its allies in the region, including a justification explaining the analysis behind the certification; and
the Secretary has appropriately consulted with United States allies and partners in Europe, including all members of the North Atlantic Treaty Organization (NATO), regarding such a reduction.
A detailed analysis of the impact such a reduction would have on the security of United States allies and partners in Europe and on interoperability and joint activities with such allies and partners, including major military exercises.
A detailed analysis of the impact such a reduction would have on the ability to deter Russian aggression and ensure the territorial integrity of United States allies and partners in Europe.
A detailed analysis of the impact such a reduction would have on the ability to counter Russian malign activity.
A detailed analysis of where the members of the Armed Forces will be moved and stationed as a consequence of such a reduction.
A detailed plan for how such a reduction would be implemented.
A detailed analysis of the cost implications of such a reduction, to include the cost associated with new facilities to be constructed at the location to which the members of the Armed Forces are to be moved and stationed.
A detailed analysis of the impact such a reduction would have on United States service members and their families stationed in Europe.
A detailed analysis of the impact such a reduction would have on Joint Force Planning.
A detailed explanation of the impact such a reduction would have on implementation of the National Defense Strategy and a certification that the reduction would not negatively affect implementation of the National Defense Strategy.
changed
Limitation on use of funds to To reduce the total number of members of the Armed Forces stationed in Europe— None of the funds authorized to be appropriated or otherwise made available for the Department of Defense may be used during the period beginning on the date of the enactment of this Act and ending on December 31, 2021, to reduce the total number of members of the Armed Forces serving on active duty who are stationed in Europe below the levels present on June 10, 2020, until 180 days after the date on which the Secretary of Defense and the Chairman of the Joint Chiefs of Staff have separately submitted to the congressional defense committees the following:
A certification that—
such a reduction is in the national security interest of the United States and will not significantly undermine the security of the United States or its allies in the region, including a justification explaining the analysis behind the certification.
the Secretary has appropriately consulted with United States allies and partners in Europe, including all members of NATO, regarding such a reduction.
A detailed analysis of the impact such a reduction would have on the security of United States allies and partners in Europe and on interoperability and joint activities with such allies and partners, including major military exercises.
A detailed analysis of the impact such a reduction would have on the ability to deter Russian aggression and ensure the territorial integrity of United States allies and partners in Europe.
A detailed analysis of the impact such a reduction would have on the ability to counter Russian malign activity.
A detailed analysis of where the forces will be moved and stationed as a consequence of such a reduction.
A detailed plan for how such a reduction would be implemented.
A detailed analysis of the cost implications of such a reduction, to include the cost associated with new facilities to be constructed at the location to which the members of the Armed Forces are to be moved and stationed.
A detailed analysis of the impact such a reduction would have on service members and their families stationed in Europe.
A detailed analysis of the impact such a reduction would have on Joint Force Planning.
A detailed explanation of the impact such a reduction would have on implementation of the National Defense Strategy and a certification that the reduction would not negatively affect implementation of the National Defense Strategy.
changed
Limitation to To divest military infrastructure in Europe—
In general— The Secretary of Defense may not take any action to divest any infrastructure or real property in Europe under the operational control of the Department of Defense unless, prior to taking such action, the Secretary certifies to the congressional defense committees that no military requirement for future use of the infrastructure or real property is foreseeable.
Sunset— This subsection shall terminate on the date that is 5 years after the date of the enactment of this Act.
Sec. 1242 Sense of Congress reaffirming the commitment of the United States to NATO
added
Findings— Congress finds the following:
added
On April 4, 1949, the North Atlantic Treaty Organization (NATO) was founded on the principles of democracy, individual liberty, and the rule of law with the aim of promoting collective security through collective defense.
added
NATO has been the most successful military alliance in history and, for over seven decades, an example of successful political cooperation.
added
NATO’s commitment to collective defense is essential to deter security threat against its members.
added
NATO strengthens the security of the United States by enabling United States forces to work by, with, and through a network of committed, interoperable allies.
added
NATO solidarity sends a clear collective message to Russia that members of the alliance will not tolerate aggressive acts that threaten their security and sovereignty.
added
In response to changing national security threats, NATO continues to adapt to take on new dynamics such as terrorism, hybrid warfare, the spread of weapons of mass destruction, and cyber attacks.
removed
It is the sense of Congress that—
changed
Sense of Congress— the continued security of the Baltic states of Estonia, Latvia, and Lithuania It is critical to achieving United States national security interests and defense objectives against the acute and formidable threat posed by Russia;sense of Congress that—
added
the United States reaffirms its commitment to the North Atlantic Treaty Organization as the foundation of transatlantic security and defense , including Article V of the North Atlantic Treaty; and
added
NATO plays a critical role in preserving peace and stability in the transatlantic region.
removed
the United States and the Baltic states are leaders in the mission of defending independence and democracy from aggression and in promoting stability and security within the North Atlantic Treaty Organization (NATO), with non-NATO partners, and with other international organizations such as the European Union;
removed
the Baltic states are model NATO allies in terms of burden sharing and capital investment in materiel critical to United States and allied security, investment of over 2 percent of their gross domestic product on defense expenditure, allocating over 20 percent of their defense budgets on capital modernization, matching security assistance from the United States, frequently deploying their forces around the world in support of allied and United States objectives, and sharing diplomatic, technical, military, and analytical expertise on defense and security matters;
removed
the United States should continue to strengthen bilateral and multilateral defense by, with, and through allied nations, particularly those which possess expertise and dexterity but do not enjoy the benefits of national economies of scale;
removed
the United States should pursue consistent efforts focused on defense and security assistance, coordination, and planning designed to ensure the continued security of the Baltic states and on deterring current and future challenges to the national sovereignty of United States allies and partners in the Baltic region; and
removed
such an initiative should include an innovative and comprehensive conflict deterrence strategy for the Baltic region encompassing the unique geography of the Baltic states, modern and diffuse threats to their land, sea, and air spaces, and necessary improvements to their defense posture, including command-and-control infrastructure, intelligence, surveillance, and reconnaissance capabilities, communications equipment and networks, and special forces.
Sec. 1243 Sense of Congress on support for coordinated action to ensure the security of Baltic allies
added It is the sense of Congress that—
removed
Findings— Congress finds the following:
removed
The Baltic countries of Estonia, Latvia, and Lithuania are highly valued allies of the United States, and they have repeatedly demonstrated their commitment to advancing our mutual interests as well as those of the NATO Alliance.
removed
Operation Atlantic Resolve is a series of exercises and coordinating efforts demonstrating the United States’ commitment to its European partners and allies, including the Baltic countries of Estonia, Latvia, and Lithuania, with the shared goal of peace and stability in the region. Operation Atlantic Resolve strengthens communication and understanding, and is an important effort to deter Russian aggression in the region.
removed
Through Operation Atlantic Resolve, the European Deterrence Initiative undertakes exercises, training, and rotational presence necessary to reassure and integrate our allies, including the Baltic countries, into a common defense framework.
removed
All three Baltic countries contributed to the NATO-led International Security Assistance Force in Afghanistan, sending troops and operating with few caveats. The Baltic countries continue to commit resources and troops to the Resolute Support Mission in Afghanistan.
changed
Sense of Congress— Congress—the continued security of the Baltic states of Estonia, Latvia, and Lithuania is critical to achieving United States national security interests and defense objectives against the acute and formidable threat posed by Russia;
added
the United States and the Baltic states are leaders in the mission of defending independence and democracy from aggression and in promoting stability and security within the North Atlantic Treaty Organization (NATO), with non-NATO partners, and with other international organizations such as the European Union;
added
the Baltic states are model NATO allies in terms of burden sharing and capital investment in materiel critical to United States and allied security, investment of over 2 percent of their gross domestic product on defense expenditure, allocating over 20 percent of their defense budgets on capital modernization, matching security assistance from the United States, frequently deploying their forces around the world in support of allied and United States objectives, and sharing diplomatic, technical, military, and analytical expertise on defense and security matters;
added
the United States should continue to strengthen bilateral and multilateral defense by, with, and through allied nations, particularly those which possess expertise and dexterity but do not enjoy the benefits of national economies of scale;
added
the United States should pursue consistent efforts focused on defense and security assistance, coordination, and planning designed to ensure the continued security of the Baltic states and on deterring current and future challenges to the national sovereignty of United States allies and partners in the Baltic region; and
added
such an initiative should include an innovative and comprehensive conflict deterrence strategy for the Baltic region encompassing the unique geography of the Baltic states, modern and diffuse threats to their land, sea, and air spaces, and necessary improvements to their defense posture, including command-and-control infrastructure, intelligence, surveillance, and reconnaissance capabilities, communications equipment and networks, and special forces.
removed
reaffirms its support for the principle of collective defense in Article 5 of the North Atlantic Treaty for our NATO allies, including Estonia, Latvia, and Lithuania;
removed
supports the sovereignty, independence, territorial integrity, and inviolability of Estonia, Latvia, and Lithuania as well as their internationally recognized borders, and expresses concerns over increasingly aggressive military maneuvering by the Russian Federation near their borders and airspace;
removed
expresses concern over and condemns subversive and destabilizing activities by the Russian Federation within the Baltic countries; and
removed
encourages the Administration to further enhance defense cooperation efforts with Estonia, Latvia, and Lithuania and supports the efforts of their Governments to provide for the defense of their people and sovereign territory.
Sec. 1244 Sense of Congress on support for Estonia, Latvia, and Lithuania
Findings— Congress finds the following:
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Georgia is a The Baltic countries of Estonia, Latvia, and Lithuania are highly valued friend allies of the United States States, and has they have repeatedly demonstrated its their commitment to advancing the our mutual interests of both countries, including the deployment of Georgian forces as part well as those of the former International Security Assistance Force (ISAF) and the current Resolute Support Mission led by the North Atlantic Treaty Organization (NATO) in Afghanistan and the Multi-National Force in Iraq.NATO Alliance.
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The Operation Atlantic Resolve is a series of exercises and coordinating efforts demonstrating the United States’ commitment to its European Deterrence Initiative builds partners and allies, including the partnership capacity Baltic countries of Georgia so it can work more closely Estonia, Latvia, and Lithuania, with the United States shared goal of peace and NATO, as well as provide for its own defense.stability in the region. Operation Atlantic Resolve strengthens communication and understanding, and is an important effort to deter Russian aggression in the region.
changed
In addition to Through Operation Atlantic Resolve, the European Deterrence Initiative, Georgia’s participation in the NATO initiative Partnership for Peace is paramount to interoperability with the United States Initiative undertakes exercises, training, and NATO, rotational presence necessary to reassure and establishing a more peaceful environment in integrate our allies, including the region.Baltic countries, into a common defense framework.
changed
Despite All three Baltic countries contributed to the losses suffered, as a NATO partner, Georgia is committed NATO-led International Security Assistance Force in Afghanistan, sending troops and operating with few caveats. The Baltic countries continue to commit resources and troops to the Resolute Support Mission in Afghanistan with the fifth-largest contingent on the ground.Afghanistan.
changed
Sense of Congress— It is the sense of Congress that the United States should—Congress—
changed
reaffirm reaffirms its support for an enduring strategic partnership between the United States principle of collective defense in Article 5 of the North Atlantic Treaty for our NATO allies, including Estonia, Latvia, and Georgia;Lithuania;
changed
support Georgia’s sovereignty and supports the sovereignty, independence, territorial integrity within its internationally-recognized borders, integrity, and does not recognize the independence inviolability of the Abkhazia Estonia, Latvia, and South Ossetia regions currently occupied Lithuania as well as their internationally recognized borders, and expresses concerns over increasingly aggressive military maneuvering by the Russian Federation;Federation near their borders and airspace;
changed
continue support for multi-domain security assistance for Georgia in the form of lethal expresses concern over and non-lethal measures to build resiliency, bolster deterrence against Russian aggression, condemns subversive and promote stability in destabilizing activities by the region, by—Russian Federation within the Baltic countries; and
removed
strengthening defensive capabilities and promote readiness; and
removed
improving interoperability with NATO forces; and
changed
encourages the Administration to further enhance security defense cooperation and engagement efforts with Georgia Estonia, Latvia, and other Black Sea regional partners.Lithuania and supports the efforts of their Governments to provide for the defense of their people and sovereign territory.
Sec. 1245 Sense of Congress on support for Georgia
changed
Findings— Congress makes finds the following findings:following:
changed
The United States’ alliances and other critical defense partnerships are Georgia is a cornerstone of Department valued friend of Defense (DOD) efforts to deter aggression from our adversaries, counter violent extremism, and preserve the United States national security and has repeatedly demonstrated its commitment to advancing the mutual interests in of both countries, including the face deployment of challenges to those interests Georgian forces as part of the former International Security Assistance Force (ISAF) and the current Resolute Support Mission led by Russia, China the North Atlantic Treaty Organization (NATO) in Afghanistan and other actors.the Multi-National Force in Iraq.
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The North Atlantic Treaty Organization (NATO) is European Deterrence Initiative builds the most successful military alliance in history, having deterred war between major state powers for partnership capacity of Georgia so it can work more than 70 years.closely with the United States and NATO, as well as provide for its own defense.
changed
Collective security and the responsibility of each member of the security of In addition to the other members as well as European Deterrence Initiative, Georgia’s participation in the alliance as a whole NATO initiative Partnership for Peace is paramount to interoperability with the United States and NATO, and establishing a pillar of more peaceful environment in the NATO alliance.region.
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Despite the losses suffered, as a NATO members other than partner, Georgia is committed to the United States collectively expend over $300,000,000,000 Resolute Support Mission in defense investments annually and maintain military forces totaling an estimated 1,900,000 service members, bolstering Afghanistan with the alliance’s collective capacity to counter shared threats.fifth-largest contingent on the ground.
removed
At the NATO Wales Summit in 2014, NATO members pledged to strive to increase their own defense spending to 2 percent of their respective gross domestic products and to spend at least 20 percent of their defense budgets on equipment by 2024 as part of their burden sharing commitments.
removed
Since 2014, there has been a steady increase in allied defense spending, with 22 member countries meeting defense spending targets in 2018 and having submitted plans to meet the targets by 2024.
removed
In addition to individual defense spending contributions, NATO allies and partners also contribute to NATO and United States operations around the world, including the Resolute Support Mission in Afghanistan and the Global Coalition to Defeat the Islamic State in Iraq and Syria (ISIS).
removed
South Korea hosts a baseline of 28,500 United States forces including the Eighth Army and Seventh Air Force.
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South Korea maintains Aegis Ballistic Missile Defense and Patriot Batteries that contribute to regional Ballistic Missile Defense, is a participant in the Enforcement Coordination Center, and is a significant contributor to United Nations peacekeeping operations.
removed
South Korea is an active consumer of United States Foreign Military Sales (FMS) with approximately $30,500,000,000 in active FMS cases and makes significant financial contributions to support forward deployed United States forces in South Korea, including contributions of $924,000,000 under the Special Measures Agreement in 2019 and over 90 percent of the cost of developing Camp Humphreys.
removed
Japan hosts 54,000 United States forces including the Seventh Fleet, the only forward-deployed United States aircraft carrier, and the United States Marine Corps’ III Marine Expeditionary Force.
removed
Japan maintains Aegis Ballistic Missile Defense and Patriot Batteries that contribute to regional Ballistic Missile Defense, conducts bilateral presence operations and mutual asset protection missions with United States forces, and is a capacity building contributor to United Nations peacekeeping operations.
removed
Japan is an active consumer of United States FMS with approximately $28,400,000,000 in active FMS cases and makes significant financial contributions to enable optimized United States military posture, including contributions of approximately $2,000,000,000 annually under the Special Measures Agreement, $187,000,000 annually under the Japan Facilities Improvement Program, $12,100,000,000 for the Futenma Replacement Facility, $4,800,000,000 for Marine Corps Air Station Iwakuni, and $3,100,000,000 for construction on Guam to support the movement of United States Marines from Okinawa.
changed
Sense of congress—Congress— It is the sense of Congress that—that the United States should—
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the United States Government should focus on United States national security requirements reaffirm support for investment in forward presence, joint exercises, investments, and commitments that contribute to the security of the United States and collective security, and cease efforts that solely focus on an enduring strategic partnership between the financial contributions of United States allies and partners when negotiating joint security arrangements;Georgia;
changed
the United States must continue to strengthen support Georgia’s sovereignty and territorial integrity within its alliances internationally-recognized borders, and security partnerships with like-minded democracies around does not recognize the world to deter aggression from authoritarian competitors and promote peace and respect for democratic values independence of the Abkhazia and human rights around South Ossetia regions currently occupied by the world;Russian Federation;
changed
United States partners and allies should continue to increase their military capacity support for multi-domain security assistance for Georgia in the form of lethal and enhance their ability to contribute non-lethal measures to global peace build resiliency, bolster deterrence against Russian aggression, and security;promote stability in the region, by—
added
strengthening defensive capabilities and promote readiness; and
added
improving interoperability with NATO forces; and
changed
NATO allies should continue working toward their 2014 Wales Defense Investment Pledge commitments;further enhance security cooperation and engagement with Georgia and other Black Sea regional partners.
removed
the United States should maintain forward-deployed United States forces in order to better ensure United States national security and global stability; and
removed
alliances and partnerships are the cornerstone of United States national security and critical to countering the threat posed by malign actors to the post-World War II liberal international order.
Sec. 1246 Sense of Congress on burden sharing by partners and allies
changed
Findings— Congress finds makes the following:following findings:
changed
The North Atlantic Treaty Organization (NATO) has been working with allies United States’ alliances and partners to provide support to the civilian response other critical defense partnerships are a cornerstone of Department of Defense (DOD) efforts to deter aggression from our adversaries, counter violent extremism, and preserve United States national security interests in the Coronavirus Disease 2019 (commonly referred face of challenges to as “COVID-19”) pandemic, including logistics and planning, field hospitals, and transport, while maintaining NATO’s operational readiness those interests by Russia, China and continuing to carry out critical NATO missions.other actors.
changed
Since the beginning of The North Atlantic Treaty Organization (NATO) is the pandemic, NATO allies and partners have completed more than 350 airlift flights, supplying hundreds of tons of critical supplies globally, have built nearly 100 field hospitals and dedicated most successful military alliance in history, having deterred war between major state powers for more than half a million troops to support the civilian response to the pandemic.70 years.
changed
NATO’s Euro-Atlantic Disaster Response Coordination Centre has been operating 24 hours, seven days a week to coordinate requests for supplies Collective security and resources.the responsibility of each member of the security of the other members as well as the alliance as a whole is a pillar of the NATO alliance.
changed
The NATO Support and Procurement Agency’s Strategic Airlift Capability members other than the United States collectively expend over $300,000,000,000 in defense investments annually and Strategic Airlift International Solution programs have chartered flights maintain military forces totaling an estimated 1,900,000 service members, bolstering the alliance’s collective capacity to transport medical supplies between partners and allies.counter shared threats.
changed
At the NATO established Rapid Air Mobility Wales Summit in 2014, NATO members pledged to speed up military air transport strive to increase their own defense spending to 2 percent of medical supplies their respective gross domestic products and resources to allies and partners experiencing a shortage spend at least 20 percent of medical supplies and personal protective equipment.their defense budgets on equipment by 2024 as part of their burden sharing commitments.
changed
In June 2020, NATO Defense Ministers agreed to future steps to prepare for a potential second wave of the COVID-19 pandemic, including a new operation plan, establishing Since 2014, there has been a stockpile of medical equipment and supplies, steady increase in allied defense spending, with 22 member countries meeting defense spending targets in 2018 and a new fund having submitted plans to acquire medical supplies and services.meet the targets by 2024.
added
In addition to individual defense spending contributions, NATO allies and partners also contribute to NATO and United States operations around the world, including the Resolute Support Mission in Afghanistan and the Global Coalition to Defeat the Islamic State in Iraq and Syria (ISIS).
added
South Korea hosts a baseline of 28,500 United States forces including the Eighth Army and Seventh Air Force.
added
South Korea maintains Aegis Ballistic Missile Defense and Patriot Batteries that contribute to regional Ballistic Missile Defense, is a participant in the Enforcement Coordination Center, and is a significant contributor to United Nations peacekeeping operations.
added
South Korea is an active consumer of United States Foreign Military Sales (FMS) with approximately $30,500,000,000 in active FMS cases and makes significant financial contributions to support forward deployed United States forces in South Korea, including contributions of $924,000,000 under the Special Measures Agreement in 2019 and over 90 percent of the cost of developing Camp Humphreys.
added
Japan hosts 54,000 United States forces including the Seventh Fleet, the only forward-deployed United States aircraft carrier, and the United States Marine Corps’ III Marine Expeditionary Force.
added
Japan maintains Aegis Ballistic Missile Defense and Patriot Batteries that contribute to regional Ballistic Missile Defense, conducts bilateral presence operations and mutual asset protection missions with United States forces, and is a capacity building contributor to United Nations peacekeeping operations.
added
Japan is an active consumer of United States FMS with approximately $28,400,000,000 in active FMS cases and makes significant financial contributions to enable optimized United States military posture, including contributions of approximately $2,000,000,000 annually under the Special Measures Agreement, $187,000,000 annually under the Japan Facilities Improvement Program, $12,100,000,000 for the Futenma Replacement Facility, $4,800,000,000 for Marine Corps Air Station Iwakuni, and $3,100,000,000 for construction on Guam to support the movement of United States Marines from Okinawa.
changed
Sense of Congress—congress— It is the sense of Congress that—
changed
NATO’s response the United States Government should focus on United States national security requirements for investment in forward presence, joint exercises, investments, and commitments that contribute to the COVID-19 pandemic is an excellent example security of the democratic alliance’s capacity tackling overwhelming logistical challenges through close collaboration;United States and collective security, and cease efforts that solely focus on the financial contributions of United States allies and partners when negotiating joint security arrangements;
changed
the United States should remain committed must continue to strengthening NATO’s operational response strengthen its alliances and security partnerships with like-minded democracies around the world to deter aggression from authoritarian competitors and promote peace and respect for democratic values and human rights around the pandemic; andworld;
changed
the United States should fulfill its commitments made at the 2020 NATO Defense Ministerial partners and allies should continue to bolster the work of the Euro-Atlantic Disaster Response Coordination Centre, the NATO Support and Procurement Agency’s Strategic Airlift Capability and Strategic Airlift International Solution programs, increase their military capacity and other efforts enhance their ability to utilize NATO’s capabilities contribute to support the civilian pandemic response.global peace and security;
added
NATO allies should continue working toward their 2014 Wales Defense Investment Pledge commitments;
added
the United States should work with the Governments of South Korea and Japan respectively to reach fair and equitable Special Measures Agreements that reflect the critical security relationships between both countries and the United States;
added
the United States should maintain forward-deployed United States forces in order to better ensure United States national security and global stability;
added
alliances and partnerships are the cornerstone of United States national security and critical to countering the threat posed by malign actors to the post-World War II liberal international order; and
added
the United States and NATO allies should prioritize at each NATO Summit deterrence against Russian aggression.
Sec. 1247 Sense of Congress on NATO’s response to the COVID–19 pandemic
added
added
Findings— Congress finds the following:
added
The North Atlantic Treaty Organization (NATO) has been working with allies and partners to provide support to the civilian response to the Coronavirus Disease 2019 (commonly referred to as “COVID–19”) pandemic, including logistics and planning, field hospitals, and transport, while maintaining NATO’s operational readiness and continuing to carry out critical NATO missions.
added
Since the beginning of the pandemic, NATO allies and partners have completed more than 350 airlift flights, supplying hundreds of tons of critical supplies globally, have built nearly 100 field hospitals and dedicated more than half a million troops to support the civilian response to the pandemic.
added
NATO’s Euro-Atlantic Disaster Response Coordination Centre has been operating 24 hours, 7 days a week to coordinate requests for supplies and resources.
added
The NATO Support and Procurement Agency’s Strategic Airlift Capability and Strategic Airlift International Solution programs have chartered flights to transport medical supplies between partners and allies.
added
NATO established Rapid Air Mobility to speed up military air transport of medical supplies and resources to allies and partners experiencing a shortage of medical supplies and personal protective equipment.
added
In June 2020, NATO Defense Ministers agreed to future steps to prepare for a potential second wave of the COVID–19 pandemic, including a new operation plan, establishing a stockpile of medical equipment and supplies, and a new fund to acquire medical supplies and services.
added
Sense of Congress— It is the sense of Congress that—
added
NATO’s response to the COVID–19 pandemic is an excellent example of the democratic alliance’s capacity tackling overwhelming logistical challenges through close collaboration;
added
the United States should remain committed to strengthening NATO’s operational response to the pandemic; and
added
the United States should fulfill its commitments made at the 2020 NATO Defense Ministerial and continue to bolster the work of the Euro-Atlantic Disaster Response Coordination Centre, the NATO Support and Procurement Agency’s Strategic Airlift Capability and Strategic Airlift International Solution programs, and other efforts to utilize NATO’s capabilities to support the civilian pandemic response.
Sec. 1248 Clarification and expansion of sanctions relating to construction of Nord Stream 2 or Turkstream pipeline projects
added
added
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; 22 U.S.C. 9526 note) is amended—
added
in subparagraph (A), by inserting “or pipelaying activities” after “pipe-laying”; and
added
in subparagraph (B)—
added
in clause (i)—
added
by inserting “, or significantly facilitated the sale, lease, or provision of,” after “provided”; and
added
by striking “; or” and inserting a semicolon;
added
in clause (ii), by striking the period at the end and inserting a semicolon; and
added
by adding at the end the following:
added “(iii) provided significant underwriting services or insurance for those vessels; or
added “(iv) provided significant services or facilities for technology upgrades or installation of welding equipment for, or retrofitting or tethering of, those vessels.”
added
Definitions— Subsection (i) of such section is amended—
added
by redesignating paragraph (5) as paragraph (6); and
added
by inserting after paragraph (4) the following:
added “(5) Pipe-laying activities—The term pipe-laying activities means activities that facilitate pipe-laying, including site preparation, trenching, surveying, placing rocks, stringing, bending, welding, coating, lowering of pipe, and backfilling.”
added
Clarification— The amendments made by subsection (a) shall take effect in accordance with (d) of section 7503 of the Protecting Europe’s Energy Security Act of 2019 (22 U.S.C. 9526 note).
added
Interim report required—
added
In general— As soon as practicable and not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit a report on the matters required by subsection (a) of section 7503 of the Protecting Europe’s Energy Security Act of 2019 (22 U.S.C. 9526 note), as amended by this section, with respect to the period—
added
beginning on the later of—
added
the date of the enactment of this Act; or
added
the date of the most recent submission of a report required by such section 7503; and
added
ending on the date on which the report required by this subparagraph is submitted.
added
Treatment— A report submitted pursuant to paragraph (1) shall be—
added
submitted to the same committees as a report submitted under subsection (a) of such section 7503; and
added
otherwise treated as a report submitted under such subsection (a) for purposes of all authorities granted by such section pursuant to such a report.
Sec. 1249 Coordination of stockpiles with the North Atlantic Treaty Organization and other allies
addedadded Title I of the Defense Production Act of 1950 (50 U.S.C. 5411 et seq.) is amended by adding at the end the following new section:
added “109. Coordination with the North Atlantic Treaty Organization and other allies
added “(a) Coordination required—If the President determines to use or invoke an authority under this title in the context of the outbreak of a pandemic that affects other North Atlantic Treaty Organization (NATO) member countries or affects any country with which the United States has entered into a mutual defense treaty, the President, acting through the Secretary of Defense with the concurrence of the Secretary of State, and in consultation with the Secretary of Health and Human Services, shall—
added “(1) coordinate with appropriate counterparts of NATO member countries or mutual defense treaty countries to assess any logistical challenges relating to demand or supply chain gaps with respect to the United States and such countries;
added “(2) work to fill such gaps in order to ensure a necessary and appropriate level of scarce and critical material essential to the national defense for the United States and such countries; and
added “(3) promote access to vaccines or other remedies through Federally funded medical research to respond to the declared pandemic.
added “(b) Sense of Congress—It is the sense of Congress that the United States should work with its NATO and other allies and partners to build permanent mechanisms to strengthen supply chains, fill supply chain gaps, and maintain commitments made at the June 2020 NATO Defense Ministerial.”
Sec. 1251 Indo-Pacific Reassurance Initiative
Sense of Congress— It is the sense of Congress that—
a stable, peaceful, and secure Indo-Pacific region is vital to United States economic and national security;
revisionist states, rogue states, violent extremist organizations, and natural and manmade disasters are persistent challenges to regional stability and security;
maintaining stability and upholding a rules-based order requires a holistic United States strategy that—
synchronizes all elements of national power;
is inclusive of United States allies and partner countries; and
ensures a persistent, predictable United States presence to reinforce regional defense;
enhancing regional defense requires robust efforts to increase capability, readiness, and responsiveness to deter and mitigate destabilizing activities;
the Department of Defense should pursue an integrated program of activities to—
reassure United States allies and partner countries in the Indo-Pacific region;
appropriately prioritize activities and resources to implement the National Defense Strategy; and
enhance the ability of Congress to provide oversight of and support to Department of Defense efforts;
an integrated, coherent, and strategic program of activities in the Indo-Pacific region, similar to the European Deterrence Initiative (originally the European Reassurance Initiative), will enhance United States presence and positioning, allow for additional exercises, improve infrastructure and logistics, and build allied and partner capacity to deter aggression, strengthen ally and partner interoperability, and demonstrate United States commitment to Indo-Pacific countries;
an integrated, coherent, and strategic program of activities in the Indo-Pacific region will also assist in resourcing budgetary priorities and enhancing transparency and oversight of programs and activities to better enable a coordinated and strategic plan for Department of Defense programs;
not less than $3,578,360,000 of base funding should be allocated to fully support such program of activities in fiscal year 2021; and
the Department of Defense should ensure adequate, consistent planning is conducted for future funding and build upon the activities identified in fiscal year 2021 in future budget requests, as appropriate.
Indo-Pacific Reassurance Initiative— The Secretary of Defense shall carry out a program of prioritized activities to reassure United States allies and partner countries in the Indo-Pacific region that shall be known as the “Indo-Pacific Reassurance Initiative” (in this section referred to as the “Initiative”).
Objectives— The objectives of the Initiative shall include reassuring United States allies and partner countries in the Indo-Pacific region by—
optimizing the presence of United States Armed Forces in the region;
strengthening and maintaining bilateral and multilateral military exercises and training with such countries;
improving infrastructure in the region to enhance the responsiveness of United States Armed Forces;
enhancing the prepositioning of equipment and materiel in the region; and
building the defense and security capabilities, capacity, and cooperation of such countries.
Plan relating to transparency for the Indo-Pacific Reassurance Initiative—
Plan required—
In general— Not later than February 1, 2022, and annually thereafter, the Secretary of Defense, in consultation with the Commander of the United States Indo-Pacific Command, shall submit to the congressional defense committees a future years plan on activities and resources of the Initiative.
changed
Applicability— The plan shall apply to the Initiative with respect to the first fiscal year beginning after the date of submission of the plan and at least the four 4 succeeding fiscal years.
Matters to be included— The plan required under paragraph (1) shall include each of the following:
A summary of progress made towards achieving the objectives of the Initiative.
An assessment of resource requirements to achieve such objectives.
An assessment of capabilities requirements to achieve such objectives.
An assessment of logistics requirements, including force enablers, equipment, supplies, storage, and maintenance requirements, to achieve such objectives.
An identification of the intended force structure and posture of the assigned and allocated forces within the area of responsibility of the United States Indo-Pacific Command for the last fiscal year of the plan and the manner in which such force structure and posture support such objectives.
An identification and assessment of required infrastructure and military construction investments to achieve such objectives, including potential infrastructure investments proposed by host countries, new construction or modernization of existing sites that would be funded by the United States, and a master plan that includes the following:
A list of specific locations, organized by country, in which the Commander of the United States Indo-Pacific Command anticipates requiring infrastructure investments to support an enduring or periodic military presence in the region.
A list of specific infrastructure investments required at each location identified under clause (i), to include the project title and estimated cost of each project.
A brief explanation for how each location identified under clause (i) and infrastructure investments identified under clause (ii) support a validated requirement or component of the overall strategy in the region.
A discussion of any gaps in the current infrastructure authorities that would preclude implementation of the infrastructure investments identified under clause (ii).
A description of the type and size of military force elements that would maintain an enduring presence or operate periodically from each location identified under clause (i).
A summary of kinetic and non-kinetic vulnerabilities for current locations and each location identified in clause (i), to include—
the level of risk associated with each vulnerability; and
the proposed mitigations and projected costs to address each such vulnerability, to include—
hardening and other resilience measures;
active and passive counter-Intelligence, Surveillance, and Reconnaissance;
active and passive counter Positioning, Navigation, and Timing;
air and missile defense capabilities;
enhanced logistics and sea lines of communication security; and
other issues identified by the Commander of the United States Indo-Pacific Command.
An assessment of logistics requirements, including force enablers, equipment, supplies, storage, fuel storage and distribution, and maintenance requirements, to achieve such objectives.
An analysis of the challenges to the ability of the United States to deploy significant forces from the continental United States to the Indo-Pacific theater in the event of a major contingency, and a description of the plans of the Department of Defense, including military exercises, to address such challenges.
An assessment and plan for security cooperation investments to enhance such objectives.
A plan to resource United States force posture and capabilities, including—
the infrastructure capacity of existing locations and their ability to accommodate additional United States forces in the Indo-Pacific region;
the potential new locations for additional United States Armed Forces in the Indo-Pacific region, including an assessment of infrastructure and military construction resources necessary to accommodate such forces;
a detailed timeline to achieve desired posture requirements;
a detailed assessment of the resources necessary to achieve the requirements of the plan, including specific cost estimates for each project under the Initiative to support optimized presence, exercises and training, enhanced prepositioning, improved infrastructure, and building partnership capacity; and
a detailed timeline to achieve the force posture and capabilities, including force requirements.
A detailed explanation of any significant modifications of the requirements or resources, as compared to plans previously submitted under paragraph (1).
Any other matters the Secretary of Defense determines should be included.
Form— The plan required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Budget submission information— For fiscal year 2022 and each fiscal year thereafter, the Secretary of Defense shall include in the budget justification materials submitted to Congress in support of the Department of Defense budget for that fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code)—
the amounts, by budget function and as a separate item, requested for the Department of Defense for such fiscal year for all programs and activities under the Initiative; and
a detailed budget display for the Initiative, including—
with respect to procurement accounts—
amounts displayed by account, budget activity, line number, line item, and line item title; and
a description of the requirements for each such amounts;
with respect to research, development, test, and evaluation accounts—
amounts displayed by account, budget activity, line number, program element, and program element title; and
a description of the requirements for each such amount;
with respect to operation and maintenance accounts—
amounts displayed by account title, budget activity title, line number, and subactivity group title; and
a description of how such amounts will specifically be used;
with respect to military personnel accounts—
amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and
a description of the requirements for each such amount; and
with respect to each project under military construction accounts (including with respect to unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount for each fiscal year.
End of fiscal year report— Not later than November 20, 2022, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report that contains—
a detailed summary of funds obligated for the Initiative during the preceding fiscal year; and
a detailed comparison of funds obligated for the Initiative during the preceding fiscal year to the amount of funds requested for the Initiative for such fiscal year in the materials submitted to Congress by the Secretary in support of the budget of the President for that fiscal year as required by subsection (e), including with respect to each of the accounts described in subparagraphs (A), (B), (C), (D), and (E) of subsection (e)(2) and the information required under each such subparagraph.
Briefings required— Not later than March 1, 2023, and annually thereafter, the Secretary of Defense shall provide to the congressional defense committees a briefing on the status of all matters covered by the report required by section (f).
Relationship to budget— Nothing in this section shall be construed to affect section 1105(a) of title 31, United States Code.
Conforming repeal— Section 1251 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1676) is repealed.
Sec. 1253 Implementation of GAO recommendations on preparedness of United States forces to counter North Korean chemical and biological weapons
Plan required—
changed
In general— The Secretary of Defense shall develop a plan to address the recommendations in the U.S. Government Accountability Office’s report entitled “Preparedness of U.S. Forces to Counter North Korean Chemical and Biological Weapons” (GAO-20-79C).(GAO–20–79C).
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 summary of actions that have been or will be taken to implement the recommendation; and
a schedule, with specific milestones, for completing implementation of the recommendation.
changed
Submittal to Congress— Not later than one 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).
Deadline for implementation—
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).
Exception for implementation of certain recommendations—
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.
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)—
a specific justification for the decision not to implement the recommendation; and
a summary of alternative actions the Secretary plans to take to address the conditions underlying the recommendation.
Sec. 1256 Deterrence strategy against Chinese-origin cyber attacks
changed
In general—Findings— Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on Congress finds the military and defense implications of China’s One Belt, One Road Initiative in Africa and a strategy to address impacts on United States military and defense interests in Africa.following:
added
Cyber-enabled industrial espionage and the large scale cybertheft of personal information by the People’s Republic of China (“PRC”) are severely detrimental to national security, economic vitality, and technological preeminence.
added
Such attacks are generally situated within the context of state-sponsored gray zone campaigns and not generally ultimately attributable to sub-state actors.
added
The United States response to such espionage has not included the imposition of sufficient costs on the PRC to deter or credibly respond to such attacks.
changed
Matters to be included—Statement of policy— The report required It is the policy of the United States to deter and respond to industrial espionage and the theft of personal information conducted against the United States or United States persons by subsection (a) shall include the following:PRC, PRC persons or entities, or persons or entities acting on behalf of the PRC.
removed
An assessment of Chinese dual-use investments in Africa, including a description of which investments that are of greatest concern to United States military or defense interests.
removed
A description of such investments that are associated with People’s Liberation Army cooperation with African countries.
removed
An assessment of the potential military, intelligence, and logistical threats facing United States’ key regional military infrastructure, supply chains, and staging grounds due to such investments.
removed
An identification of Department of Defense measures taken to mitigate the risk posed to United States forces and defense interests by such investments.
removed
A strategy to address ongoing military and defense implications posed by the expansion of such investments.
changed
Definitions—In general— In Not later than 180 days after the date of the enactment of this section:Act, the President shall submit to the appropriate congressional committees a whole-of-government strategy, in unclassified and classified forms as specified in paragraphs (1) through (4), to impose costs on the PRC or appropriate PRC persons or entities in order to deter industrial espionage and the large-scale theft of personal information conducted by the PRC, PRC persons or entities, or persons or entities acting on behalf of the PRC against the United States or United States persons, that includes the following:
changed
Appropriate congressional committees— The term “appropriate congressional committees” means—An unclassified discussion of United States interests in preventing such cyber attacks that includes a general discussion of the impact on the United States and its economy from such attacks.
removed
the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and
removed
the Committee on Armed Services, the Committee on Foreign Relations, and Select Committee on Intelligence of the Senate.
changed
Chinese dual-use investments in Africa— The term “Chinese dual-use investments in Africa” means investments made by the Government An unclassified general discussion of the People’s Republic of China, contexts in which and the Chinese Communist Party, or companies owned or controlled means by which the United States will seek to deter such Government or Party in cyber attacks, that seeks to demonstrate the infrastructure credibility of African countries or related projects for both commercial and military or proliferation purposes.United States resolve to defend its interests in cyberspace.
added
A classified theory of deterrence with respect to the PRC that explains—
added
the means or combination of means, including available non-cyber responses, anticipated to achieve deterrence and the justification for such assessment; and
added
an escalation ladder that describes the circumstances and the timeframe under which the President plans to invoke the use of such means to be effective to deter such attacks or to invoke lesser means to provide a credible response.
added
A classified description of the roles of the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Commerce, the Secretary of the Treasury, the Secretary of Homeland Security, the Secretary of Health and Human Services, and, as appropriate, the head of each element of the intelligence community (as such term is defined by section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) in carrying out such strategy.
changed
Form—Implementation plan— The report Not later than 30 days after the date of the submission of the strategy required by subsection (a) shall—(c), each Federal official listed in subsection (c)(4) shall submit to the appropriate congressional committees a classified implementation plan to describe the manner in which the respective department or agency will carry out this strategy.
added
Update— Not later than 1 year after the date of the submission of the strategy required by subsection (c), and annually thereafter, the President shall submit to the appropriate congressional committees an unclassified assessment of the effectiveness of the strategy, an unclassified summary of the lessons learned from the past year on the effectiveness of deterrence (which may contain a classified annex), and an unclassified summary of planned changes to the strategy with a classified annex on changes to its theory of deterrence.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the Committee on Foreign Affairs, the Committee on Armed Services, the Permanent Select Committee on Intelligence, the Committee on the Judiciary, the Committee on Energy and Commerce, the Committee on Homeland Security, and the Committee on Financial Services of the House of Representatives; and
added
the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Government Affairs, and the Committee on the Judiciary of the Senate.
removed
be submitted in unclassified form but may contain a classified annex; and
removed
be made available to the public on the website of the Department of Defense.
Sec. 1257 Report on China’s One Belt, One Road Initiative in Africa
added
In general— Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on the military and defense implications of China’s One Belt, One Road Initiative in Africa and a strategy to address impacts on United States military and defense interests in Africa.
removed
It is the sense of Congress that—
changed
Matters To be included— Taiwan is a vital partner of The report required by subsection (a) shall include the United States and is critical to a free and open Indo-Pacific region;following:
added
An assessment of Chinese dual-use investments in Africa, including a description of which investments that are of greatest concern to United States military or defense interests.
added
A description of such investments that are associated with People’s Liberation Army cooperation with African countries.
added
An assessment of the potential military, intelligence, and logistical threats facing United States’ key regional military infrastructure, supply chains, and staging grounds due to such investments.
added
An identification of Department of Defense measures taken to mitigate the risk posed to United States forces and defense interests by such investments.
added
A strategy to address ongoing military and defense implications posed by the expansion of such investments.
changed
Definitions— the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the “Six Assurances” are both cornerstones of United States relations with Taiwan;In this section:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and
added
the Committee on Armed Services, the Committee on Foreign Relations, and Select Committee on Intelligence of the Senate.
added
Chinese dual-use investments in Africa— The term “Chinese dual-use investments in Africa” means investments made by the Government of the People’s Republic of China, the Chinese Communist Party, or companies owned or controlled by such Government or Party in the infrastructure of African countries or related projects for both commercial and military or proliferation purposes.
changed
Form— the United States should continue to strengthen defense and security cooperation with Taiwan to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability;The report required by subsection (a) shall—
added
be submitted in unclassified form but may contain a classified annex; and
added
be made available to the public on the website of the Department of Defense.
removed
consistent with the Taiwan Relations Act, the United States should strongly support the acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on anti-ship, coastal defense, anti-armor, air defense, defensive naval mining, and resilient command and control capabilities that support the asymmetric defense strategy of Taiwan;
removed
the President and Congress should determine the nature and quantity of such defense articles and services based solely upon their judgment of the needs of Taiwan, as required by the Taiwan Relations Act and in accordance with procedures established by law;
removed
the United States should continue efforts to improve the predictability of United States arms sales to Taiwan by ensuring timely review of and response to requests of Taiwan for defense articles and services;
removed
the Secretary of Defense should promote policies concerning exchanges that enhance the security of Taiwan, including—
removed
opportunities with Taiwan for practical training and military exercises that—
removed
enable Taiwan to maintain a sufficient self-defense capability, as described in section 3(a) of the Taiwan Relations Act (22 U.S.C. 3302(a)); and
removed
emphasize capabilities consistent with the asymmetric defense strategy of Taiwan;
removed
exchanges between senior defense officials and general officers of the United States and Taiwan, consistent with the Taiwan Travel Act (Public Law 115–135), especially for the purpose of enhancing cooperation on defense planning and improving the interoperability of United States and Taiwan forces; and
removed
opportunities for exchanges between junior officers and senior enlisted personnel of the United States and Taiwan;
removed
the Secretary of Defense should consider expanded air and naval engagements and training with Taiwan to enhance regional security;
removed
the United States and Taiwan should expand cooperation in humanitarian assistance and disaster relief including conducting port calls in Taiwan with the United States Naval Ship Comfort and United States Naval Ship Mercy;
removed
the Secretary of Defense should consider options, including exercising ship visits and port calls, as appropriate, to expand the scale and scope of humanitarian assistance and disaster response cooperation with Taiwan and other regional partners so as to improve disaster response planning and preparedness;
removed
the Secretary of Defense should continue regular transits of United States Navy vessels through the Taiwan Strait and encourage allies and partners to follow suit in conducting such transits to demonstrate the commitment of the United States and its allies and partners to fly, sail, and operate anywhere international law allows;
removed
the violation of international law by the Government of China with respect to the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong, done at Beijing December 19, 1984, is gravely concerning and erodes international confidence in China’s willingness to honor its international commitments, including not to change the status quo with respect to Taiwan by force;
removed
the increasingly coercive and aggressive behavior of China towards Taiwan, including growing military maneuvers targeting Taiwan, is contrary to the expectation of the peaceful resolution of the future of Taiwan; and
removed
the United States and Taiwan should expand consultation and cooperation on combating the Coronavirus Disease 2019 (“COVID-19”) and seek to share the best practices and cooperate on a range of activities under this partnership.
Sec. 1258 Sense of Congress on enhancement of the United States-Taiwan defense relationship
changed
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with It is the head sense of each appropriate Federal department and agency, shall submit to the congressional defense committees a report on the following:Congress that—
changed
The feasibility of establishing Taiwan is a high-level, interagency vital partner of the United States-Taiwan working group for coordinating cooperation related States and is critical to supply chain security.a free and open Indo-Pacific region;
changed
A discussion of the Department of Defense’s current and future plans to engage with Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the “Six Assurances” are both cornerstones of United States relations with respect to activities ensuring supply chain security.Taiwan;
changed
A discussion of obstacles encountered in forming, executing, or implementing agreements the United States should continue to strengthen defense and security cooperation with Taiwan to support the development of capable, ready, and modern defense forces necessary for conducting activities Taiwan to ensure supply chain security.maintain a sufficient self-defense capability;
changed
Any other matters consistent with the Secretary of Defense determines Taiwan Relations Act, the United States should be included.strongly support the acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on anti-ship, coastal defense, anti-armor, air defense, defensive naval mining, and resilient command and control capabilities that support the asymmetric defense strategy of Taiwan;
added
the President and Congress should determine the nature and quantity of such defense articles and services based solely upon their judgment of the needs of Taiwan, as required by the Taiwan Relations Act and in accordance with procedures established by law;
added
the United States should continue efforts to improve the predictability of United States arms sales to Taiwan by ensuring timely review of and response to requests of Taiwan for defense articles and services;
added
the Secretary of Defense should promote policies concerning exchanges that enhance the security of Taiwan, including—
added
opportunities with Taiwan for practical training and military exercises that—
added
enable Taiwan to maintain a sufficient self-defense capability, as described in section 3(a) of the Taiwan Relations Act (22 U.S.C. 3302(a)); and
added
emphasize capabilities consistent with the asymmetric defense strategy of Taiwan;
added
exchanges between senior defense officials and general officers of the United States and Taiwan, consistent with the Taiwan Travel Act (Public Law 115–135), especially for the purpose of enhancing cooperation on defense planning and improving the interoperability of United States and Taiwan forces; and
added
opportunities for exchanges between junior officers and senior enlisted personnel of the United States and Taiwan;
added
the Secretary of Defense should consider expanded air and naval engagements and training with Taiwan to enhance regional security;
added
the United States and Taiwan should expand cooperation in humanitarian assistance and disaster relief including conducting port calls in Taiwan with the United States Naval Ship Comfort and United States Naval Ship Mercy;
added
the Secretary of Defense should consider options, including exercising ship visits and port calls, as appropriate, to expand the scale and scope of humanitarian assistance and disaster response cooperation with Taiwan and other regional partners so as to improve disaster response planning and preparedness;
added
the Secretary of Defense should continue regular transits of United States Navy vessels through the Taiwan Strait and encourage allies and partners to follow suit in conducting such transits to demonstrate the commitment of the United States and its allies and partners to fly, sail, and operate anywhere international law allows;
added
the violation of international law by the Government of China with respect to the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong, done at Beijing December 19, 1984, is gravely concerning and erodes international confidence in China’s willingness to honor its international commitments, including not to change the status quo with respect to Taiwan by force;
added
the increasingly coercive and aggressive behavior of China towards Taiwan, including growing military maneuvers targeting Taiwan, is contrary to the expectation of the peaceful resolution of the future of Taiwan; and
added
the United States and Taiwan should expand consultation and cooperation on combating the Coronavirus Disease 2019 (“COVID–19”) and seek to share the best practices and cooperate on a range of activities under this partnership.
Sec. 1259 Report on supply chain security cooperation with Taiwan
changed
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary head of Health each appropriate Federal department and Human Services, agency, shall submit to the congressional defense committees a report on the following:
changed
The goals, objectives, and feasibility of developing establishing a high-level, interagency United States-Taiwan medical security partnership on issues working group for coordinating cooperation related to pandemic preparedness and control.supply chain security.
changed
A discussion of the Department of Defense’s current and future plans to engage with Taiwan in medical security activities.with respect to activities ensuring supply chain security.
changed
An evaluation of cooperation on a range A discussion of obstacles encountered in forming, executing, or implementing agreements with Taiwan for conducting activities under the partnership to include—ensure supply chain security.
removed
research and production of vaccines and medicines;
removed
joint conferences with scientists and experts;
removed
collaboration relating to and exchanges of medical supplies and equipment; and
removed
the use of hospital ships such as the United States Naval Ship Comfort and United States Naval Ship Mercy.
changed
Any other matters the Secretary of Defense determines appropriate.should be included.
Sec. 1260 Report on United States-Taiwan medical security partnership
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Health and Human Services, shall submit to the congressional defense committees a report on the following:
added
The goals, objectives, and feasibility of developing a United States-Taiwan medical security partnership on issues related to pandemic preparedness and control.
added
A discussion of current and future plans to engage with Taiwan in medical security activities.
added
An evaluation of cooperation on a range of activities under the partnership to include—
added
research and production of vaccines and medicines;
added
joint conferences with scientists and experts;
added
collaboration relating to and exchanges of medical supplies and equipment; and
added
the use of hospital ships such as the United States Naval Ship Comfort and United States Naval Ship Mercy.
added
Any other matters the Secretary of Defense determines appropriate.
Sec. 1260A Report on United Front Work Department
addedadded 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 following:
added
The extent to which the United Front Work Department of the People’s Republic of China poses a threat to the national defense and national security of the United States.
added
An evaluation of which actions, if any, the United States should take in response to the threat and activities of the United Front Work Department as described in paragraph (1).
added
Any other matters the Secretary of Defense determines should be included.
Sec. 1260B Sense of Congress on cross-border violence between the People’s Republic of China and India and the growing territorial claims of China
added
added
Findings— Congress makes the following findings:
added
Since a truce in 1962 ended skirmishes between the People’s Republic of China and India, the countries have been divided by a 2,100-mile-long Line of Actual Control.
added
In the decades since the truce, military standoffs between the People’s Republic of China and India have flared; however, the standoffs have rarely claimed the lives of soldiers.
added
In the months leading up to June, 15, 2020, along the Line of Actual Control, the People’s Republic of China’s military—
added
reportedly amassed 5,000 soldiers; and
added
is trying to redraw long-standing settled boundaries through the use of force and aggression.
added
On June 6, 2020, the People’s Republic of China and India reached an agreement of de-escalate and disengage along the Line of Actual Control.
added
On June 15, 2020, at least 20 Indian soldiers and an unconfirmed number of Chinese soldiers were killed in skirmishes following a weekslong standoff in Eastern Ladakh, which is the de facto border between India and the People’s Republic of China.
added
Sense of Congress— It is the sense of Congress that—
added
there is significant concern about the continued military aggression by the Government of the People’s Republic of China along its border with India and in other parts of the world, including with Bhutan, in the South China Sea, and with the Senkaku Islands, as well as the Government of the People’s Republic of China’s aggressive posture toward Hong Kong and Taiwan; and
added
the Government of the People’s Republic of China should work toward de-escalating the situation along the Line of Actual Control with India through existing diplomatic mechanisms and not through force.
Sec. 1260C Sense of Congress on United States commitments to Pacific allies
addedadded It is the sense of Congress that—
added
the United States affirms the strategic importance of the United States commitments to allies such as the Republic of Korea and Japan;
added
the United States remains committed to the mutually-beneficial relationships with the Republic of Korea and Japan and welcomes the strong leadership of those countries in the Indo-Pacific region; and
added
as the United States seeks to strengthen longstanding military relationships and encourage the development of a strong defense network with allies and partners, the United States reaffirms the United States commitments to maintaining the presence of the United States Armed Forces in the Republic of Korea and Japan.
Sec. 1260D Restrictions on export, reexport, and in-country transfers of certain items that provide a critical capability to the Government of the People’s Republic of China to suppress individual privacy, freedom, and other basic human rights
added
added
Statement of policy— It is the policy of the United States to protect the basic human rights of Uighurs and other ethnic minorities in the People’s Republic of China.
added
List of covered items—
added
In general— Not later than 120 days after the date of the enactment of this Act, and as appropriate thereafter, the President—
added
shall identify those items that provide a critical capability to the Government of the People’s Republic of China, or any person acting on behalf of such Government, to suppress individual privacy, freedom of movement, and other basic human rights, specifically through—
added
surveillance, interception, and restriction of communications;
added
monitoring of individual location or movement or restricting individual movement;
added
monitoring or restricting access to and use of the internet;
added
monitoring or restricting use of social media;
added
identification of individuals through facial recognition, voice recognition, or biometric indicators;
added
detention of individuals who are exercising basic human rights; and
added
forced labor in manufacturing; and
added
shall, pursuant to the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.), include items identified pursuant to subparagraph (A) on the Commerce Control List in a category separate from other items, as appropriate, on the Commerce Control List.
added
Support and cooperation— Upon request, the head of a Federal agency shall provide full support and cooperation to the President in carrying out this subsection.
added
Consultation— In carrying out this subsection, the President shall consult with the relevant technical advisory committees of the Department of Commerce to ensure that the composition of items identified under paragraph (1)(A) and included on the Commerce Control List under paragraph (1)(B) does not unnecessarily restrict commerce between the United States and the People’s Republic of China, consistent with the purposes of this section.
added
Special license or other authorization—
added
In general— Beginning not later than 180 days after the date of the enactment of this Act, the President shall, pursuant to the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.), require a license or other authorization for the export, reexport, or in-country transfer to or within the People’s Republic of China of an item identified pursuant to subsection (b)(1)(A) and included on the Commerce Control List pursuant to subsection (b)(1)(B).
added
Presumption of denial— An application for a license or other authorization described in paragraph (1) shall be subject to a presumption of denial.
added
Public notice and comment— The President shall provide for notice and public comment with respect actions necessary to carry out this subsection.
added
International coordination and multilateral controls— It shall be the policy of the United States to seek to harmonize United States export control regulations with international export control regimes with respect to the items identified pursuant to subsection (b)(1)(A), including through the Wassenaar Arrangement and other bilateral and multilateral mechanisms involving countries that export such items.
added
Termination of suspension of certain other programs and activities— Section 902(b)(1) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101–246; 22 U.S.C. 2151 note) is amended—
added
in the matter preceding subparagraph (A), by inserting “and China’s Xinjiang Uighur Autonomous Region” after “Tibet”;
added
in subparagraph (D), by striking “and” at the end;
added
in subparagraph (E), by striking “or” after the semicolon and inserting “and”; and
added
by adding the following new subparagraph:
added “(F) the ending of the mass internment of ethnic Uighurs and other Turkic Muslims in the Xinjiang Uighur Autonomous Region, including the intrusive system of high-tech surveillance and policing in the region; or”
added
Definitions— In this section:
added
Commerce Control List— The term “Commerce Control List” means the list set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations.
added
Export, in-country transfer, item, and reexport— The terms “export”, “in-country transfer”, “item”, and “reexport” have the meanings given such terms in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).
Sec. 1260E Prohibition on commercial export of covered defense articles and services and covered munitions items to the Hong Kong Police
added
added
In general— Except as provided in subsection (b), the President shall prohibit the issuance of licenses to export covered defense articles and services and covered munitions items to the Hong Kong Police.
added
Waiver— The prohibition under subsection (a) shall not apply to the issuance of a license with respect to which the President submits to the appropriate congressional committees a written certification that the exports to be covered by such license are important to the national interests and foreign policy goals of the United States, including a description of the manner in which such exports will promote such interests and goals.
added
Termination— The prohibition under subsection (a) shall terminate on the date on which the President certifies to the appropriate congressional committees that—
added
the Hong Kong Police have not engaged in gross violations of human rights during the 1-year period ending on the date of such certification; and
added
there has been an independent examination of human rights concerns related to the crowd control tactics of the Hong Kong Police and the Government of the Hong Kong Special Administrative Region has adequately addressed those concerns.
added
Definitions— In this section:
added
Appropriate congressional committees— The term appropriate congressional committees means—
added
the Committee on Foreign Affairs of the House of Representatives;
added
the Committee on Foreign Relations of the Senate; and
added
the Committee on Banking, Housing, and Urban Affairs of the Senate.
added
Covered defense articles and services— The term covered defense articles and services means defense articles and defense services designated by the President under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).
added
Covered munitions items— The term covered munitions items means—
added
items controlled under section 742.7 of part 742 of subtitle B of title 15, Code of Federal Regulations (relating to crime control and detection instruments and equipment and related technology and software); and
added
items listed under the “600 series” of the Commerce Control List contained in Supplement No. 1 to part 774 of subtitle B of title 15, Code of Federal Regulations.
added
Hong Kong— The term Hong Kong has the meaning given such term in section 3 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5702).
added
Hong Kong Police— The term Hong Kong Police means—
added
the Hong Kong Police Force; and
added
the Hong Kong Auxiliary Police Force.
Sec. 1260F Southeast Asia Strategy
added
added
Findings— Congress finds the following:
added
Southeast Asia is the fulcrum of the Indo-Pacific region, providing both a geographic and maritime link between East and South Asia.
added
The Association of Southeast Asian Nations (ASEAN), a regional intergovernmental organization, remains central to the Indo-Pacific region’s institutional architecture and to United States foreign policy toward the region.
added
The United States has reaffirmed that the security and sovereignty of its Southeast Asian allies and partners, including a strong, independent ASEAN, remain vital to the security, prosperity, and stability of the Indo-Pacific region.
added
The United States has committed to continuing to deepen longstanding alliances and partnerships with a range of Southeast Asian nations, including by promoting our shared values, democracy, human rights, and civil society.
added
Since the end of the Second World War, United States investments in strengthening alliances and partnerships with Southeast Asian nations have yielded tremendous returns for United States interests, as working with and through these alliances and partnerships have increased the region’s capacity and capability to address common challenges.
added
ASEAN member states are critical United States security partners in preventing violent extremism and protecting the freedom and openness of the maritime domain and in preventing the trafficking of weapons of mass destruction.
added
ASEAN member states have contributed significantly to regional disaster monitoring and management and emergency response through initiatives such as the ASEAN Coordinating Centre for Humanitarian Assistance on Disaster Management, an inter-governmental organization that facilitates coordination and cooperation among ASEAN member states and international organizations in times of emergency.
added
According to the 2018 ASEAN Business Outlook Survey, ASEAN member states are vital to the prosperity of the United States economy and exports to ASEAN economies support more than 500,000 jobs in the United States.
added
The United States and ASEAN have recently celebrated the 40th anniversary of their ties and established a new strategic partnership that will enhance cooperation across the economic, political-security, and people-to-people pillars of the relationship.
added
Statement of policy— It is the policy of the United States to—
added
deepen cooperation with ASEAN and ASEAN member states in the interest of promoting peace, security, and stability in the Indo-Pacific region;
added
affirm the importance of ASEAN centrality and ASEAN-led mechanisms in the evolving institutional architecture of the Indo-Pacific region; and
added
establish and communicate a comprehensive strategy toward the Indo-Pacific region that articulates—
added
the role and importance of Southeast Asia to the United States;
added
the value of the United States-ASEAN relationship;
added
the mutual interests of all parties;
added
the concrete and material benefits all nations derive from strong United States engagement and leadership in Southeast Asia; and
added
efforts to forge and maintain ASEAN consensus, especially on key issues of political and security concern to the region, such as the South China Sea.
added
Strategy for engagement with Southeast Asia and ASEAN—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of other Federal departments and agencies as appropriate, shall develop and submit to the appropriate congressional committees a comprehensive strategy for engagement with Southeast Asia and ASEAN.
added
Matters to be included— The strategy required by paragraph (1) shall include the following:
added
A statement of enduring United States interests in Southeast Asia and a description of efforts to bolster the effectiveness of ASEAN.
added
A description of efforts to—
added
deepen and expand Southeast Asian alliances, partnerships, and multilateral engagements, including efforts to expand broad based and inclusive economic growth, security ties, security cooperation and interoperability, economic connectivity, and expand opportunities for ASEAN to work with other like-minded partners in the region; and
added
encourage like-minded partners outside of the Indo-Pacific region to engage with ASEAN.
added
A summary of initiatives across the whole of the United States Government to strengthen the United States partnership with Southeast Asian nations and ASEAN, including to promote broad based and inclusive economic growth, trade, investment, energy and efforts to combat climate change, public-private partnerships, physical and digital infrastructure development, education, disaster management, public health and economic and political diplomacy in Southeast Asia.
added
A summary of initiatives across the whole of the United States Government to enhance the capacity of Southeast Asian nations with respect to enforcing international law and multilateral sanctions, and initiatives to cooperate with ASEAN as an institution in these areas.
added
A summary of initiatives across the whole of the United States Government to promote human rights and democracy, to strengthen the rule of law, civil society, and transparent governance, and to protect the integrity of elections from outside influence.
added
A summary of initiatives to promote security cooperation and security assistance within Southeast Asian nations, including—
added
maritime security and maritime domain awareness initiatives for protecting the maritime commons and supporting international law and freedom of navigation in the South China Sea; and
added
efforts to combat terrorism, human trafficking, piracy, and illegal fishing, and promote more open, reliable routes for sea lines of communication.
added
Appropriate congressional committees defined— In this subsection, the term appropriate congressional committees means—
added
the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
added
the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
Sec. 1260G Sense of Congress on strategic security relationship between the United States and Mongolia
addedadded Congress—
added
recognizes the security relationship between the United States and Mongolia and remains committed to advancing the comprehensive partnership in the future;
added
urges the United States Government and the Government of Mongolia to deepen military cooperation through joint defense exercises and hosting military officers for training in the United States;
added
encourages the Government of Mongolia to continue its contributions to multinational peacekeeping operations, including the North Atlantic Treaty Organization (NATO) and the United Nations;
added
commends the Mongolian Armed Forces continued contributions to NATOʼs Resolute Support Mission in Afghanistan to help train Afghan Security Forces and provide security at Kabul International Airport, and continued enforcement of United Nations Security Council sanctions in response to North Korea’s illicit nuclear and ballistic missile programs; and
added
applauds the continued engagement of Mongolia in the Organization for Security and Co-operation in Europe, the Community of Democracies, congressional-parliamentary partnerships, and other institutions that promote democratic values, which reinforces the commitment of the people and the Government of Mongolia to those values and standards.
Sec. 1262 Annual briefings on certain foreign military bases of adversaries
In general— Chapter 3 of title 10, United States Code, is amended by adding at the end the following new section:
changed
“130l. Annual briefings on certain foreign military bases of adversaries.adversaries
“(a) Requirement—Not later than February 15 of each year, the Chairman of the Joint Chiefs of Staff and the Secretary of Defense, acting through the Under Secretary of Defense for Intelligence and Security, shall provide to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a briefing on—
“(1) covered foreign military bases and the related capabilities of that foreign military; and
“(2) the effects of such bases and capabilities on—
“(A) the military installations of the United States located outside the United States; and
“(B) current and future deployments and operations of the armed forces of the United States.
“(b) Elements—Each briefing under subsection (a) shall include the following:
“(1) An assessment of covered foreign military bases, including such bases established by China, Russia, and Iran, and any updates to such assessment provided in a previous briefing under such subsection.
“(2) Information regarding known plans for any future covered foreign military base.
“(3) An assessment of the capabilities, including those pertaining to anti-access and area denial, provided by covered foreign military bases to that foreign military, including an assessment of how such capabilities could be used against the armed forces of the United States in the country and the geographic combatant command in which such base is located.
“(4) A description of known ongoing activities and capabilities at covered foreign military bases, and how such activities and capabilities advance the foreign policy and national security priorities of the relevant foreign countries.
“(5) The extent to which covered foreign military bases could be used to counter the defense priorities of the United States.
“(c) Form—Each briefing under subsection (a) shall be provided in classified form.
“(d) Covered foreign military base defined—In this section, the term “covered foreign military base” means, with respect to a foreign country that is an adversary of the United States, a military base of that country located in a different country.”
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
Sec. 1263 Report on progress of the Department of Defense with respect to denying a fait accompli by a strategic competitor against a covered defense partner
Definitions— In this section:
Covered defense partner— The term “covered defense partner” means a partner identified in the “Department of Defense Indo-Pacific Strategy Report” issued on June 1, 2019, located within 100 miles off the coast of a strategic competitor.
Fait accompli— The term fait accompli means the strategy of a strategic competitor designed to allow such strategic competitor to use military force to seize control of a covered defense partner before the United States Armed Forces are able to respond effectively.
Strategic competitor— The term “strategic competitor” means a country labeled as a strategic competitor in the “Summary of the 2018 National Defense Strategy of the United States of America: Sharpening the American Military’s Competitive Edge” issued by the Department of Defense pursuant to section 113 of title 10, United States Code.
changed
Report on progress of the Department of Defense with respect to To denying a fait accompli by a strategic competitor against a covered defense partner—
In general— Not later than April 30 each year, beginning in 2021 and ending in 2026, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the Department of Defense with respect to improving the ability of the United States Armed Forces to conduct combined joint operations to deny the ability of a strategic competitor to execute a fait accompli against a covered defense partner.
Matters to be included— Each report under paragraph (1) shall include the following:
An explanation of the objectives for the United States Armed Forces that would be necessary to deny the fait accompli by a strategic competitor against a covered defense partner.
An identification of joint warfighting capabilities and current efforts to organize, train, and equip the United States Armed Forces in support of the objectives referred to in paragraph (1), including—
an assessment of whether the programs included in the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code, are sufficient to enable the United States Armed Forces to conduct joint combined operations to achieve such objectives;
a description of additional investments or force posture adjustments required to maintain or improve the ability of the United States Armed Forces to conduct joint combined operations to achieve such objectives;
a description of the manner in which the Secretary of Defense intends to develop and integrate Army, Navy, Air Force, Marine Corps, and Space Force operational concepts to maintain or improve the ability of the United States Armed Forces to conduct joint combined operations to achieve such objectives; and
an assessment of the manner in which different options for pre-delegating authorities may improve the ability of the United States Armed Forces to conduct joint combined operations to achieve such objectives.
An assessment of options for deterring limited use of nuclear weapons by a strategic competitor in the Indo-Pacific region without undermining the ability of the United States Armed Forces to maintain deterrence against other strategic competitors and adversaries.
An assessment of a strategic competitor theory of victory for invading and unifying a covered defense partner with such a strategic competitor by military force.
A description of the military objectives a strategic competitor would need to achieve in a covered defense partner campaign.
A description of the military missions a strategic competitor would need to execute a covered defense partner invasion campaign, including—
blockade and bombing operations;
amphibious landing operations; and
combat operations.
An assessment of competing demands on a strategic competitor’s resources and how such demands impact such a strategic competitor’s ability to achieve its objectives in a covered defense partner campaign.
An assessment of a covered defense partner’s self-defense capability and a summary of defense articles and services that are required to enhance such capability.
An assessment of the capabilities of partner and allied countries to conduct combined operations with the United States Armed Forces in a regional contingency.
Form— Each report under paragraph (1) shall be submitted in classified form but may include an unclassified executive summary.
Sec. 1267 Report relating to reduction in the total number of United States Armed Forces deployed to United States Africa Command area of responsibility
Reduction described—
In general— If the Department of Defense reduces the number of United States Armed Forces deployed to the United States Africa Command area of responsibility (in this section referred to as “AFRICOM AOR”) (other than United States Armed Forces described in paragraph (2)) to a number that is below 80 percent of the number deployed as of the day before the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence, shall, not later than 90 days after date of such a reduction, submit to the appropriate congressional committees a report described in subsection (b).
United States Armed Forces described— United States Armed Forces described in this paragraph are United States Armed Forces that are deployed to AFRICOM AOR but are not under the direct authority of the Commander of United States Africa Command, including—
forces deployed in conjunction with other Commands;
forces participating in joint exercises;
forces identified for pre-planned activities;
forces used to assist in emergency situations; and
forces designated or assigned for diplomatic or embassy security.
Report—
In general— A report described in this subsection is a report that includes each of the following:
A strategic plan to—
degrade each of the violent extremist organizations described in paragraph (2) within the AFRICOM AOR, to include an assessment of the extent to which such violent extremist organizations pose a direct threat to the United States; and
counter the military influence of China and Russia within the AFRICOM AOR.
The average number of United States Armed Forces that are under the direct authority of the Commander of United States Africa Command and deployed to AFRICOM AOR and the amount of associated expenditures, to be listed by month for each of the fiscal years 2019 and 2020 and disaggregated by mission and country, to include those forces deployed to secure United States embassies.
The average number of United States Armed Forces that are planned to be under the direct authority of the Commander of United States Africa Command and deployed to AFRICOM AOR and the amount of projected associated expenditures, to be listed by month for fiscal years 2021 and 2022 and disaggregated by mission and country, to include those forces deployed to secure United States embassies.
The effect that a reduction described in subsection (a) would have on military and intelligence efforts to combat each of the violent extremist organizations described in paragraph (2), including a statement of the current objectives of the Secretary of Defense with respect to such efforts.
A description of any consultation or coordination with the Department of State or the United States Agency for International Development with respect to such a reduction and the effect that such a reduction would have on diplomatic, developmental, or humanitarian efforts in Africa, including statements of the current objectives of the Secretary of State and the Administrator of the United States Agency for International Development with respect to such efforts.
The strength, regenerative capacity, and intent of such violent extremist organizations in the AFRICOM AOR, including—
an assessment of the number of fighters in the Sahel, the Horn of Africa, and West Africa who are members of such violent extremist organizations;
the threat such violent extremist organizations pose to host nations and United States allies and partners, and the extent to which such violent extremist organizations pose a direct threat to the United States; and
the likely reaction of such violent extremist organizations to the withdrawal of United States Armed Forces.
The strategic risks involved with countering such violent extremist organizations following such a reduction.
The operational risks involved with conducting United States led or enabled operations in Africa against such violent extremist organizations following such a reduction.
For any region of the AFRICOM AOR in which United States Armed Forces currently are present or conduct activities, the effect such a reduction would have on power and influence of China and Russia in such region.
Any consultation or coordination with United States allies and partners concerning such a reduction.
An assessment of the response from the governments and military forces of France, the United Kingdom, and Canada to such a reduction.
added
An assessment of how the frequency of air strikes could change as a result of such reduction.
added
An assessment of the commitment of partner security forces in the AFRICOM AOR to address gross violations of internationally recognized human rights and uphold international humanitarian law, and the impact such reduction could have on such commitment.
Violent extremist organizations described— The violent extremist organizations described in this paragraph are adversarial groups and forces in the AFRICOM AOR, as determined by the Secretary of Defense.
Additional reporting requirement— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report that includes the information required by subsection (b)(1)(B).
Form— The reports required by subsections (b) and (c) shall be submitted in unclassified form, but may contain a classified annex.
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
the congressional defense committees (which has the meaning given the term in section 101(a)(16) of title 10, United States Code);
the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and
the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.
Sec. 1271 Report on us military support of the Saudi-led coalition in Yemen
changed
Prohibition relating to support—In general— None Not later than 1 year after the date of the funds authorized to be appropriated or otherwise made available by enactment of this Act may be made available to provide Act, the Comptroller General of the United States logistical support shall submit to the Saudi-led coalition’s operations against the Houthis in Yemen for coalition strikes, specifically by providing maintenance or transferring spare parts to coalition members flying warplanes engaged in anti-Houthi bombings for coalition strikes.appropriate committees of Congress a report that includes—
added
a description of the military support, training, and defense articles provided by the Department of Defense to Saudi Arabia, the Government of the United Arab Emirates, and other countries participating in the Saudi-led coalition since March 2015, including—
added
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;
added
a description of the total financial value of such transfers and which countries bore the cost described in subparagraph (A) of these transfers, including the status of the reimbursement of costs from Saudi Arabia, the Government of the United Arab Emirates and the Saudi-led coalition to the Department of Defense; and
added
a description of the types of training provided by the Department of Defense, including the authorities under which this training was provided, and whether such training has included tactics for stopping, searching and seizing boats, or other activities that could be used to restrict the importation of commercial and humanitarian shipments into and out of Yemen;
added
a description and evaluation of processes used by the Department of Defense to determine whether the types of military support described in paragraph (1)(A) have impacted the restriction of the movement of persons into or out of Yemen, the restriction of the importation of commercial and humanitarian shipments into and out of Yemen, or the illicit profit from such importation by any of the warring parties in the conflict in Yemen;
added
a description and evaluation of processes used by the Department of Defense to determine whether the type of military support described in paragraph (1)(C) has been use by any of the warring parties in the conflict in Yemen to restrict the importation of commercial and humanitarian shipments into and out of Yemen; and
added
a description and evaluation of processes used by the Department of Defense to determine what steps the Department has taken to reduce restrictions on the movement of persons into or out of Yemen, and restrictions on the importation of commercial and humanitarian shipments into and out of Yemen, or the illicit profit of such importation by any of the warring parties in the conflict in Yemen.
changed
Prohibition relating to military participation—Form— None of the funds authorized to be appropriated or otherwise made available The report required by this Act may subsection (a) shall be made available for any civilian or military personnel of the Department of Defense or contractors of the Department to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of the Saudi and United Arab Emirates-led coalition forces engaged in hostilities against the Houthis in Yemen or in situations in which there exists an imminent threat that such coalition forces become engaged in such hostilities, unless and until the President has obtained specific statutory authorization, submitted in accordance with section 8(a) of the War Powers Resolution (50 U.S.C. 1547(a)).unclassified form, but may include a classified annex.
changed
Rule Appropriate committees of construction—congress— The prohibitions under In this section may not be construed to apply with respect to United States Armed Forces engaged in operations directed at al-Qaeda or associated forces.section, the term “appropriate committees of Congress” means—
added
the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Financial Services of the House of Representatives; and
added
the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
Sec. 1272 Prohibition on support for military participation against the Houthis
added
Prohibition relating to support— None of the funds authorized to be appropriated or otherwise made available by this Act may be made available to provide United States logistical support to the Saudi-led coalition’s operations against the Houthis in Yemen for coalition strikes, specifically by providing maintenance or transferring spare parts to coalition members flying warplanes engaged in anti-Houthi bombings for coalition strikes.
added
Prohibition relating to military participation— None of the funds authorized to be appropriated or otherwise made available by this Act may be made available for any civilian or military personnel of the Department of Defense or contractors of the Department to command, coordinate, participate in the movement of, or accompany the regular or irregular military forces of the Saudi and United Arab Emirates-led coalition forces engaged in hostilities against the Houthis in Yemen or in situations in which there exists an imminent threat that such coalition forces become engaged in such hostilities, unless and until the President has obtained specific statutory authorization, in accordance with section 8(a) of the War Powers Resolution (50 U.S.C. 1547(a)).
added
Rule of construction— The prohibitions under this section may not be construed to apply with respect to United States Armed Forces engaged in operations directed at al-Qaeda or associated forces.
removed
Nothing in this Act or any amendment made by this Act may be construed to authorize the use of military force.
Sec. 1273 Rule of construction relating to use of military force
addedadded Nothing in this Act or any amendment made by this Act may be construed to authorize the use of military force.
Sec. 1274 Countering white identity terrorism globally
added
added
Strategy and coordination— Not later than 6 months after the date of the enactment of this Act, the Secretary of State shall—
added
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
added
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.
added
Elements— The strategy shall at a minimum contain the following:
added
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.
added
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.
added
A description of how the Department plans to build on any existing strategy developed by the Bureau for Counterterrorism to—
added
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
added
identify the need for any new Department programs, projects, activities, or policy instruments for the specific purpose of degrading and delegitimizing the white identity terrorist movement globally, including a description of the steps and resources necessary to establish any such programs, projects, activities, or policy instruments, noting whether such steps would require new authorities.
added
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—
added
countering white identity terrorist messaging and supporting efforts to redirect potential supporters away from white identity terrorist content online;
added
exposing foreign government support for white identity terrorist ideologies, objectives, ideologues, networks, organizations, and internet platforms;
added
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
added
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.
added
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—
added
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
added
proposing new mechanisms or forums that might enable expanded sharing of information, intelligence, or counterterrorism best practices.
added
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—
added
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
added
a description of possible remedies if such criteria are insufficient to enable designation of any individuals or entities the Secretary of State considers a potential terrorist threat to the United States.
added
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.
added
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.
added
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.
added
A identification of any additional resources or staff needed to implement the strategy.
added
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.
added
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.
added
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.
added
Implementation— Not later than 3 months after the submission of the strategy, the Secretary of State shall begin implementing the strategy.
added
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.
added
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).
added
Report on sanctions—
added
In general— Not later than 120 days and again 240 days after the submission of each annual country report on terrorism submitted pursuant to section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), as modified in accordance with subsection (h), the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that determines whether the foreign persons, organizations, and networks identified in such annual country reports on terrorism as so modified, satisfy the criteria to be designated as—
added
foreign terrorist organizations under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or
added
Specially Designated Global Terrorist under Executive Order No. 13224 (50 U.S.C. 1701 note).
added
Form— Each determination required under subsection (a) shall be submitted in unclassified form, but may include a classified annex, if appropriate.
added
Requirement for independent study To map the global white identity terrorism movement—
added
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).
added
Study— The study described in this subsection shall provide for a comprehensive social network analysis of the global white identity terrorism movement to—
added
identify key actors, organizations, and supporting infrastructure; and
added
map the relationships and interactions between such actors, organizations, and supporting infrastructure.
added
Report—
added
To the Secretary— Not later than 1 year after the date on which the Secretary of State enters into a contract pursuant to subsection (a), the federally funded research and development center referred to in such subsection that has entered into such contract with the Secretary shall submit to the Secretary a report containing the results of the study required under this section.
added
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.
Sec. 1275 Yemen
added
added
Statement of policy— It is the policy of the United States—
added
to protect United States citizens and strategic interests in the Middle East region;
added
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;
added
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;
added
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;
added
to assist United States allies and partners in countering destabilization of the Middle East region;
added
to oppose Iranian arms transfers in violation of UN Security Council resolutions, including transfers to the Houthis;
added
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
added
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.
added
Report on conflict in Yemen—
added
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.
added
Matters to be included— The report required under subsection (b) shall include the following:
added
A detailed description of diplomatic actions taken by the United States Government to help ease human suffering in Yemen, including—
added
United States direct humanitarian assistance and United States donations to multilateral humanitarian assistance efforts, including to address the COVID–19 pandemic;
added
efforts to ensure that humanitarian assistance is delivered in line with internationally recognized humanitarian principles, and the results of such efforts;
added
efforts to facilitate humanitarian and commercial cargo shipments into Yemen and minimize delays associated with such shipments, including access to ports for humanitarian and commercial cargo, and the results of such efforts;
added
efforts to work with parties to the conflict in Yemen to ensure protection of civilians and civilian infrastructure, and the results of such efforts;
added
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
added
efforts to work with ROYG and countries that are members of the Saudi-led coalition in Yemen to address the currency crisis in Yemen and the solvency of the Central Bank of Yemen, and the results of such efforts.
added
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.
added
A description of civilian harm occurring in the context of the conflict in Yemen since Nov 2017, including—
added
mass casualty incidents; and
added
damage to, and destruction of, civilian infrastructure and services.
added
An estimated total number of civilian casualties in the context of the conflict in Yemen since September 2014, disaggregated by year.
added
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.
added
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.
added
A description of external and cross border attacks perpetrated by the Houthis.
added
A detailed assessment of the Government of Yemen’s willingness and capacity to effectively—
added
provide public services to the people of Yemen;
added
service the external debts of Yemen; and
added
facilitate or ensure access to humanitarian assistance and key commodities in Yemen.
added
A description of support for the Houthis by Iran and Iran-backed groups, including provision of weapons and training.
added
A description of recruitment and use of child soldiers by parties to the conflict in Yemen.
added
Form— The report required under paragraph (1) shall be submitted in unclassified form (without the classification “For Official Use Only”) but may contain a classified annex.
added
Appropriate congressional committees defined— In this subsection, the term “appropriate congressional committees” means—
added
the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives;
added
the Committee on Foreign Relations and the Committee on Armed Services of the Senate;
added
the Permanent Select Committee on Intelligence of the House of Representatives; and
added
the Select Committee on Intelligence of the Senate.
added
Report on United States military support—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on United States military support to countries that are members of the Saudi-led coalition in Yemen since March 2015 that evaluates—
added
the manner and extent to which the United States military has provided and continues to provide support to such countries in Yemen;
added
the extent to which the Department of Defense has determined that its advice or assistance has—
added
minimized violations of the laws of armed conflict in Yemen, including any credible allegations of torture, arbitrary detention, and other gross violations of internationally recognized human rights by ROYG and countries that are members of the Saudi-led coalition in Yemen; and
added
reduced civilian casualties and damage to civilian infrastructure;
added
the responsiveness and completeness of any certifications submitted pursuant to section 1290 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2081); and
added
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).
added
Form— The report required under paragraph (1) shall be submitted in unclassified form (without the classification “For Official Use Only”), but may contain a classified annex.
added
Appropriate congressional committees defined— In this subsection, the term “appropriate congressional committees” means—
added
the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
added
the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
Sec. 1276 Establishment of the Office of Subnational Diplomacy
addedadded Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at the end the following new subsection:
added “(h) Office of Subnational Diplomacy
added “(1) In general—There shall be established within the Department of State an Office of Subnational Diplomacy (in this subsection referred to as the “Office”).
added “(2) Head of Office—The head of the Office shall be a full-time position filled by a senior Department official. The head of the Office shall report directly to the Under Secretary for Political Affairs.
added “(3) Duties
added “(A) Principal duty—The principal duty of the head of the Office shall be the overall supervision (including policy oversight of resources) of Federal support for subnational engagements by State and municipal governments with foreign governments. The head of the Office shall be the principal adviser to the Secretary of State on subnational engagements and the principal official on such matters within the senior management of the Department of State.
added “(B) Additional duties—The additional duties of the head of the Office shall include the following:
added “(i) Coordinating overall United States policy and programs in support of subnational engagements by State and municipal governments with foreign governments, including with respect to the following:
added “(I) Coordinating resources across the Department of State and throughout the Federal Government in support of such engagements.
added “(II) Identifying policy, program, and funding disputes among relevant Federal agencies regarding such coordination.
added “(III) Identifying gaps in Federal support for such engagements and developing corresponding policy or programmatic changes to address such gaps.
added “(ii) Promoting United States foreign policy goals through support for subnational engagements and aligning subnational priorities with national foreign policy goals, as appropriate.
added “(iii) Maintaining a public database of subnational engagements.
added “(iv) Providing advisory support to subnational engagements, including by assisting State and municipal governments to—
added “(I) develop, implement, and, as necessary, adjust global engagement and public diplomacy strategies; and
added “(II) implement programs to cooperate with foreign governments on policy priorities or managing shared resources.
added “(v) Facilitating linkages and networks between State and municipal governments and their foreign counterparts.
added “(vi) Overseeing the work of Department of State detailees assigned to State and municipal governments pursuant to this subsection.
added “(vii) Negotiating agreements and memoranda of understanding with foreign governments to support subnational engagements and priorities.
added “(viii) Promoting United States trade and foreign exports on behalf of United States businesses through exchanges between the United States and foreign state, municipal, and provincial governments, and by establishing a more enduring relationship overall between subnational governments.
added “(ix) Coordinating subnational engagements with the associations of subnational elected leaders, including the U.S. Conference of Mayors, National Governors Association, National League of Cities, National Association of Counties, Council of State Governments, National Conference of State Legislators, and State International Development Offices.
added “(4) Detailees
added “(A) In general—The Secretary of State, acting through the head of the Office, is authorized to detail a member of the civil service or Foreign Service to State and municipal governments on a reimbursable or nonreimbursable basis. Such details shall be for a period not to exceed 2 years, and shall be without interruption or loss of Foreign Service status or privilege.
added “(B) Responsibilities—Detailees under subparagraph (A) shall carry out the following:
added “(i) Supporting the mission and objectives of the Office.
added “(ii) Coordinating activities relating to State and municipal government subnational engagements with the Department of State, including the Office, Department leadership, and regional and functional bureaus of the Department, as appropriate.
added “(iii) Engaging the Department of State and other Federal agencies regarding security, public health, trade promotion, and other programs executed at the State or municipal government level.
added “(iv) Advising State and municipal government officials regarding questions of global affairs, foreign policy, cooperative agreements, and public diplomacy.
added “(v) Any other duties requested by State and municipal governments and approved by the Office.
added “(5) Report and briefing
added “(A) Report—Not later than 1 year after the date of the enactment of this subsection, the head of the Office shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that includes information relating to the following:
added “(i) The staffing plan (including permanent and temporary staff) for the Office.
added “(ii) The funding level provided to the Office for the Office, together with a justification relating to such level.
added “(iii) The status of filling the position of head of the Office.
added “(iv) The rank and title granted to the head of the Office, together with a justification relating to such decision and an analysis of whether the rank and title of Ambassador-at-Large is required to fulfill the duties of the Office.
added “(v) A strategic plan for the Office.
added “(vi) Any other matters as determined relevant by the head of the Office.
added “(B) Briefings—Not later than 30 days after the submission of the report required under subparagraph (A) and annually thereafter, the head of the Office shall brief the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate on the work of the Office and any changes made to the organizational structure or funding of the Office.
added “(6) Rule of construction—Nothing in this subsection may be construed as precluding—
added “(A) the Office from being elevated to a bureau within the Department of State; or
added “(B) the head of the Office from being elevated to an Assistant Secretary, if such an Assistant Secretary position does not increase the number of Assistant Secretary positions at the Department above the number authorized under subsection (c)(1).
added “(7) Definitions—In this subsection:
added “(A) Municipal—The term “municipal” means, with respect to the government of a municipality in the United States, a municipality with a population of not fewer than 100,000 people.
added “(B) State—The term “State” means the 50 States, the District of Columbia, and any territory or possession of the United States.
added “(C) Subnational engagement—The term “subnational engagement” means formal meetings or events between elected officials of State or municipal governments and their foreign counterparts.”
Sec. 1277 Report and strategy to address gross violations of human rights and civilian harm in Burkina Faso, Mali, and Niger
added
added
Report required—
added
In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 3 years, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate congressional committees a report on gross violations of human rights and civilian harm in Burkina Faso, Mali, and Niger, as well as civilian harm that may occur during United States-supported advise, assist, and accompany operations in the Sahel region.
added
Matters to be included— The report required by this subsection shall include the following:
added
An identification of all state security force units of Burkina Faso, Mali, and Niger that participated in United States security cooperation programs or benefitted from security assistance since fiscal year 2017, whether any of these units were subsequently credibly implicated in gross violations of human rights, including extrajudicial killings and torture, and the approximate locations, to the extent possible, of where such violations have taken place.
added
A description of gross violations of human rights and civilian harm committed by violent extremist organizations and other armed groups operating in Burkina Faso, Mali, and Niger, including deaths of state security forces and destruction of civilian infrastructure, including schools, medical facilities, and churches.
added
An assessment of the relationship between state security forces and any non-state armed groups active in Burkina Faso, Mali, and Niger, including an analysis of the extent to which any armed group that has been credibly implicated in gross violations of human rights or civilian casualties received material support from the governments or militaries of such countries.
added
An assessment of efforts by the Governments of Burkina Faso, Mali, and Niger to prevent and decrease instances of gross violations of human rights or civilian casualties by state security forces during counterterrorism operations and ensure accountability for violations that have occurred since fiscal year 2017 through appropriate justice systems, including efforts to investigate, prosecute, and sentence such violations.
added
An assessment of the impact that any gross violations of human rights and other civilian casualties perpetrated by state security forces and non-state armed groups in Burkina Faso, Mali, and Niger have had on the effectiveness of regional and international counterterrorism operations.
added
An assessment of the effectiveness of any United States human rights training provided to the security forces of Burkina Faso, Mali, and Niger to date.
added
A description of any confirmed incidents or reports of civilian harm that may have occurred during United States military advise, assist, or accompany operations.
added
Any other matters that the Secretary of Defense and the Secretary of State consider to be relevant.
added
Strategy required—
added
In general— Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate congressional committees a United States strategy to prevent civilian harm and address gross violations of human rights by state security forces of Burkina Faso, Mali, and Niger, and ensure accountability for such violations.
added
Matters to be included— The strategy required by this subsection shall include the following:
added
A description of planned public and private diplomatic engagement to support efforts by the Governments of Burkina Faso, Mali, and Niger to investigate and prosecute any credible allegations of gross violations of human rights by state security forces and non-state armed groups.
added
An identification of United States foreign assistance and security cooperation funds and other available United States policy tools to support programs aimed at addressing gross violations of human rights and civilian harm, and an assessment of how they can be strengthened to greater effect.
added
An identification of United States foreign assistance and security cooperation funds available to support the state security forces of Burkina Faso, Mali, and Niger to combat violent extremist organizations, improve civil-military relations, and strengthen accountability through their military justice systems, including support for building the capacity of provost marshals.
added
An identification of state security forces of Burkina Faso, Mali, and Niger that would most benefit from United States foreign assistance and security cooperation funds identified in subparagraph (C) and that are eligible to receive such funds.
added
A description of plans to coordinate United States efforts with France, the European Union, the United Nations Stabilization Mission in Mali (MINUSMA), the African Union, and the G5 Sahel Joint Force to decrease gross violations of human rights and minimize civilian harm during all counterterrorism operations in the Sahel.
added
Any other matters that the Secretary of Defense and the Secretary of State consider to be relevant.
added
Form— The report required by subsection (a) and the strategy required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.
added
Definitions— In this section:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
added
the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
added
Civilian harm— In this section, the term “civilian harm” means conflict-related death, physical injury, loss of property or livelihood, or interruption of access to essential services.
Sec. 1278 Assessment of effectiveness of United States policies relating to exports of United States-origin Unmanned Aerial Systems that are assessed to be “Category I” items under the Missile Technology Control Regime
added
added
In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter through December 31, 2025, the Secretary of State, in consultation with the Secretary of Defense, shall conduct and submit to the appropriate congressional committees an assessment of the effectiveness of United States policies to—
added
export United States-origin Unmanned Aerial Systems (UAS) that are assessed to be “Category I” items under the Missile Technology Control Regime (MTCR) (in this section referred to as “covered items”); and
added
support United States allies and partners’ security, counter-terrorism capabilities, persistent intelligence, surveillance, and reconnaissance (ISR) capabilities, and persistent maritime domain awareness and strengthen bilateral relationships through exports of covered items.
added
Matters To be included— The assessment required by subsection (a) shall include the following:
added
A description of steps taken to enhance United States competitiveness in the global UAS market, including markets in which covered items have been exported to foreign countries that previously received UAS that are assessed to be “Category I” items under the MTCR from third countries.
added
A description of how the Department of State and other relevant Federal agencies evaluate United States allies and partners’ access to covered items.
added
A description of progress to prevent state and non-state actors from gaining covered items’ capabilities that would undermine the safety and security of United States allies and partners.
added
An identification of the total number of licenses requested, approved, returned without action, or denied for the export of covered items and the typical amount of time needed to process such requests beginning on the date on which the license was received by the Department of State.
added
A summary of results of end use checks conducted during the assessment period by the Department of State and the Department of Defense with respect to covered items transferred under the Arms Export Control Act (22 U.S.C. 2751 et. seq.) and any pending or concluded investigations into end-use violations of covered items pursuant to section 3 of the Arms Export Control Act (22 U.S.C. 2753).
added
Periods covered by assessments— The first assessment required by subsection (a) shall cover the 3-year period ending on the date of the enactment of this Act. Each subsequent assessment required by subsection (a) shall cover the 1-year period beginning on the day after the end of the period covered in the preceding assessment.
added
Form— The assessment required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
added
the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
Sec. 1279 Sense of Congress on the United States Israel relationship
addedadded It is the sense of Congress that—
added
since 1948, Israel has been one of the strongest friends and allies of the United States;
added
Israel is a stable, democratic country in a region often marred by turmoil;
added
it is essential to the strategic interest of the United States to continue to offer full security assistance and related support to Israel; and
added
such assistance and support is especially vital as Israel confronts a number of potential challenges at the present time, including continuing threats from Iran.
Sec. 1280 Feasibility study on increased rotational deployments to Greece and enhancement of United States-Greece diplomatic engagement
added
added
Feasibility study—
added
In general— The Secretary of Defense shall conduct a study on the feasibility of increased rotational deployments of members of the Armed Forces to Greece, including to Souda Bay, Alexandroupoli, Larissa, Volos, and Stefanovikeio.
added
Element— The study required by paragraph (1) shall include an evaluation of any infrastructure investment necessary to support such increased rotational deployments.
added
Report to congress— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the study required by paragraph (1).
added
Diplomatic engagement— The Secretary of State is encouraged to pursue persistent United States diplomatic engagement with respect to the Greece-Cyprus-Israel and Greece-Cyprus-Egypt trilateral agreements beyond the occasional participation of United States diplomats in the regular summits of the countries party to such agreements.
Sec. 1281 Report on internally displaced peoples in Ukraine, Georgia, Moldova, and Azerbaijan
added
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report on the status of internally displaced persons in Ukraine, Georgia, the Republic of Moldova, and the Republic of Azerbaijan.
added
Elements— The report required by subsection (a) shall include an assessment of the following:
added
The number of citizens of Ukraine, Georgia, Moldova, and Azerbaijan who have been forcibly displaced in illegally occupied regions in Ukraine, Georgia, Moldova, and Azerbaijan by foreign forces since 1991.
added
The number of citizens of Ukraine, Georgia, Moldova, and Azerbaijan who have been killed in regions illegally occupied by foreign forces since 1991.
added
Form— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the congressional defense committees;
added
the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives; and
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Sec. 1282 Sense of Congress on cross-border violence in the Galwan Valley and the growing territorial claims of the People’s Republic of China
added
added
Findings— Congress makes the following findings:
added
Since a truce in 1962 ended skirmishes between India and the People’s Republic of China, the countries have been divided by a 2,100-mile-long Line of Actual Control.
added
In the decades since the truce, military standoffs between India and the People’s Republic of China have flared; however, the standoffs have rarely claimed the lives of soldiers.
added
In the months leading up to June, 15, 2020, along the Line of Actual Control, the People’s Republic of China—
added
reportedly amassed 5,000 soldiers; and
added
is believed to have crossed into previously disputed territory considered to be settled as part of India under the 1962 truce.
added
On June 6, 2020, the People’s Republic of China and India reached an agreement to deescalate and disengage along the Line of Actual Control.
added
On June 15, 2020, at least 20 Indian soldiers and an unconfirmed number of Chinese soldiers were killed in skirmishes following a weeks-long standoff in Eastern Ladakh, which is the de facto border between India and the People’s Republic of China.
added
Following the deadly violence, Prime Minister Narendra Modi of India stated, “[w]henever there have been differences of opinion, we have always tried to ensure that those differences never turned into a dispute”.
added
Sense of Congress— It is the sense of Congress that—
added
India and the People’s Republic of China should work toward deescalating the situation along the Line of Actual Control; and
added
the expansion and aggression of the People’s Republic of China in and around disputed territories, such as the Line of Actual Control, the South China Sea, the Senkaku Islands, is of significant concern.
Sec. 1283 Enhancing Engagement with the Caribbean
addedadded It is the sense of Congress that—
added
the prosperity and security of the Caribbean region is a matter of significant importance for the United States, and promotion of such should be a component of United States policy;
added
the United States and the Caribbean region, due to both geographic proximity and close societal ties, are bound together by a variety of shared interests, including with respect to—
added
enhancing mutual resiliency and preparedness for natural disasters;
added
coordinating humanitarian responses to such disasters;
added
advancing trade, investment, academic exchange, and other cooperative efforts between the United States and the Caribbean region;
added
enhancing Caribbean states’ security and safeguarding territorial sovereignty, including from risks related to predatory financing;
added
strengthening the rule of law, supporting civil society, and upholding human rights;
added
addressing other mutual challenges, including hemispheric efforts to combat the coronavirus pandemic; and
added
countering drug trafficking;
added
in furtherance of these and other shared interests, the United States should strengthen its engagement with the Caribbean region; and
added
the Department of State’s and the Department of Defense’s facilitation of such engagement is essential, given the role of the various agencies of the United States government in coordinating humanitarian responses and United States national security.
Sec. 1284 Amendments to annual Country Reports on Human Rights Practices
addedadded The Foreign Assistance Act of 1961 is amended as follows:
added
In section 116 (22 U.S.C. 2151n), by adding at the end the following:
added “(h) Status of excessive surveillance and use of advanced technology
added “(1) In general—The report required by subsection (d) shall include, wherever applicable, a description of the status of surveillance and use of advanced technology to impose arbitrary or unlawful interference with privacy, or unlawful or unnecessary restrictions on freedoms of expression, peaceful assembly, association, or other internationally recognized human rights in each country, including—
added “(A) whether the government of such country has adopted and is enforcing laws, regulations, policies, or practices relating to—
added “(i) government surveillance or censorship, including through facial recognition, biometric data collection, internet and social media controls, sensors, spyware data analytics, non-cooperative location tracking, recording devices, or other similar advanced technologies, and any allegations or reports that this surveillance or censorship was unreasonable;
added “(ii) searches or seizures of individual or private institution data without independent judicial authorization or oversight; and
added “(iii) surveillance of any group based on political views, religious beliefs, ethnicity, or other protected category, in violation of equal protection rights;
added “(B) whether such country has imported or unlawfully obtained biometric or facial recognition data from other countries or entities and, if applicable, from whom; and
added “(C) whether the government agency end-user has targeted individuals, including through the use of technology, in retaliation for the exercise of their human rights or on discriminatory grounds prohibited by international law, including targeting journalists or members of minority groups.
added “(2) Definition—In this subsection, the term “internet and social media controls” means the arbitrary or unlawful imposition of restrictions, by state or service providers, on internet and digital information and communication, such as through the blocking or filtering of websites, social media platforms, and communication applications, the deletion of content and social media posts, or the penalization of online speech, in a manner that violates rights to free expression or assembly.”
added
In section 502B(b) (22 U.S.C. 2304(b))—
added
by redesignating the second subsection (i) (as added by section 1207(b)(2) of Public Law 113–4) as subsection (j); and
added
by adding at the end the following:
added “(k) Status of excessive surveillance and use of advanced technology—The report required under subsection (b) shall include, wherever applicable, a description of the status of excessive surveillance and use of advanced technology to restrict human rights, including the descriptions of such policies or practices required under section 116(h).”
Sec. 1285 Establishment of National Commission on U.S. Counterterrorism Policy
added
added
Establishment— There is established an independent commission within the legislative branch to be known as the “National Commission on U.S. Counterterrorism Policy” (in this section referred to as the “Commission”).
added
Purpose— The Commission shall assess United States counterterrorism efforts, including the study areas specified in subsection (c), and make recommendations based on its findings.
added
Study areas— In carrying out subsection (b), the Commission shall study the following:
added
The evolution of threats to the United States since September 11, 2001, from international and domestic terrorism, including—
added
an assessment of potential connections between such threats, and the risks such threats pose relative to other security threats to the United States and United States national interests; and
added
the effects of United States counterterrorism objectives, priorities, capabilities, policies, programs, and activities on such threats.
added
The applicability of major lessons learned from United States counterterrorism objectives, priorities, policies, programs, and activities since September 11, 2001, for ongoing and future counterterrorism objectives, priorities, policies, programs, and activities.
added
Ongoing United States counterterrorism objectives, priorities, capabilities, policies, programs, and activities, including an assessment of the following:
added
Whether such objectives, priorities, capabilities, policies, programs, and activities are appropriately integrated, programmatically and organizationally, into wider United States foreign and domestic policy.
added
Whether counterterrorism resources are appropriately balanced across the range of counterterrorism programs and activities conducted by the United States, and the actions necessary to improve such balance if necessary.
added
The potential constraints on counterterrorism objectives, priorities, capabilities, policies, programs, and activities resulting from the United States’ need to confront a growing number of geopolitical and security challenges, and how to mitigate any terrorism-related risks that might result.
added
The potential new or emerging challenges or opportunities of conducting counterterrorism operations in contested environments where strategic state competitors such as Russia, China, or Iran operate, and identification of actions the United States Government should take to mitigate potential risks and take advantage of possible opportunities.
added
The instruments of national power used to advance counterterrorism objectives and identification of new or modified instruments, if appropriate.
added
Any impacts of such counterterrorism objectives, priorities, capabilities, policies, programs, and activities on civil rights and civil liberties in the United States and internationally recognized human rights and humanitarian principles abroad.
added
The legal authorities and policy frameworks for counterterrorism programs and activities in the United States and abroad, and whether such authorities or frameworks require updating.
added
The state of United States counterterrorism partnerships, including—
added
the impact of United States counterterrorism objectives, priorities, capabilities, policies, programs, and activities on the counterterrorism objectives, priorities, capabilities, policies, programs, and activities of partner countries; and
added
the willingness, capacity, and capability of United States counterterrorism partners to combat shared threats, and the impact of security assistance and foreign assistance on such willingness, capacity, and capability.
added
Ongoing efforts by the executive branch to measure the effectiveness of United States counterterrorism objectives, priorities, capabilities, policies, programs, and activities through net assessments and evaluations of lessons learned, including an assessment of efforts to address factors that contribute to terrorist recruitment and radicalization.
added
Recommendations on how best to adapt United States counterterrorism objectives, priorities, capabilities, policies, programs, and activities on the basis of the areas of study specified in this subsection and any other findings the Commission determines relevant.
added
Composition—
added
Members— The Commission shall be composed of 14 commissioners, to be appointed as follows:
added
One commissioner appointed by the Chairman, with the concurrence of the ranking member, of each of the appropriate congressional committees.
added
A Chairperson, appointed by the Speaker of the House of Representatives, with the concurrence of the Minority Leader of the House of Representatives.
added
A Vice-Chairperson, appointed by the Majority Leader of the Senate, with the concurrence of the Minority Leader of the Senate.
added
Qualifications— Individuals appointed to the Commission shall be United States persons with relevant counterterrorism expertise and experience in diplomacy, law enforcement, the Armed Forces, law, public administration, Congress, intelligence, academia, human rights, civil rights, or civil liberties. The leadership of the House of Representatives and the Senate shall coordinate with the appropriate congressional committees to ensure that Commission membership represents a variety of expertise in such fields. At least one of the commissioners shall possess a civil rights or civil liberties background in addition to relevant counterterrorism expertise, and one commissioner shall possess an international human rights background in addition to relevant counterterrorism expertise.
added
Prohibitions— An individual appointed to the Commission may not be—
added
a Member of Congress, including a Delegate or Resident Commissioner;
added
an employee or official of any other branch of the Federal Government;
added
an employee or official of any State, territory, county, or municipality in the United States; or
added
a registered lobbyist.
added
Conflicts of interest— An individual appointed to the Commission shall disclose any financial gains from private sector employment conducted in support of United States counterterrorism objectives, priorities, capabilities, policies, programs, or activities at any time since the September 11, 2001, attacks.
added
Deadline for appointment of commissioners— Individuals appointed to the Commission shall be appointed not later than—
added
30 days after the date of the enactment of this Act; or
added
December 31, 2020,
added
Period of appointment— Each commissioner and the Chairperson and Vice-Chairperson shall be appointed for the life of the Commission.
added
Vacancies— Any vacancy in the Commission shall not affect its powers and duties and shall be filled in the same manner as the original appointment within 30 days of such vacancy occurring.
added
Compensation— Commissioners and the Chairperson and Vice-Chairperson shall serve without pay.
added
Travel expenses— Commissioners and the Chairperson and Vice-Chairperson shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Commission.
added
Meetings—
added
Initial meeting— The initial meeting of the Commission shall be held not later than 30 days after the satisfaction of all of the following:
added
The appointment of two-thirds of the members of the Commission, including at least one of the Chairperson or Vice-Chairperson.
added
The transfer of funding under subsection (k).
added
Responsibility— The Commission shall, at its initial meeting, develop and implement a schedule for completion of the review and assessment under subsection (b) and report under subsection (m)(2).
added
Subsequent meetings— The Commission shall meet at the call the Chairperson or a majority of commissioners.
added
Quorum— Eight commissioners shall constitute a quorum, and commissioners may vote by proxy.
added
Consultation— In conducting the review and assessment and study required under this section, the Commission shall consult with relevant experts in the Federal Government (including relevant Members of Congress and congressional staff), academia, law, civil society, and the private sector.
added
Powers of the Commission—
added
Hearings and evidence— For the purposes of carrying out this section, the Commission may—
added
hold classified or unclassified hearings, take testimony, receive evidence, and administer oaths; and
added
subject to paragraph (3), require, by subpoena authorized by majority vote of the Commission and issued under the signature of the Chairperson or any member designated by a majority of the Commission, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission may determine advisable.
added
Notification of committees— If the Commission is unable to obtain testimony or documents needed to conduct its work, the Commission shall notify the appropriate congressional committees.
added
Subpoena enforcement—
added
In general— In the case of contumacy or failure to obey a subpoena issued under paragraph (1)(B), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court.
added
Additional enforcement— In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194).
added
Limitations on subpoena authority— With respect to the subpoena authority under paragraph (1)(B), the Commission—
added
may only issue a subpoena to a member of Federal, State, local, Tribal, or territorial government;
added
may reference unclassified documents and information obtained through a subpoena when conducting interviews to further the Commission’s objectives, and may include such documents and information in the final report, but may not otherwise share, disclose, publish, or transmit in any way any information obtained through a subpoena to another Federal department or agency, any agency of a State, local, Tribal, or territorial government, or any international body; and
added
shall comply with requirements for the issuance of a subpoena issued by a United States district court under the Federal Rules of Civil Procedure.
added
Meetings— The Commission shall—
added
hold public hearings and meetings;
added
hold classified hearings or meetings if necessary to discuss classified material or information; and
added
provide an opportunity for public comment, including sharing of research and policy analysis, through publication in the Federal Register of a solicitation for public comments during a period to last not fewer than 45 days.
added
Resources—
added
Authority to use the United States mails— The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies.
added
Documents, statistical data and other such information— Upon written request by the Chairperson, Vice-Chairperson, or any commissioner designated by a majority of the Commission, an executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government—
added
shall provide reasonable access to documents, statistical data, and other such information the Commission determines necessary to carry out its duties; and
added
shall, to the extent authorized by law, furnish any information, suggestions, estimates, and statistics the Commission determines necessary to carry out its duties.
added
Gifts— No member or staff of the Commission may receive a gift or benefit by reason of the service of such member or staff to the Commission.
added
Authority to contract—
added
In general— The Commission is authorized to enter into contracts, leases, or other legal agreements with Federal and State agencies, Indian tribes, Tribal entities, private entities, and individuals for the conduct of activities necessary to the discharge of its duties.
added
Termination— A contract, lease, or other legal agreement entered into by the Commission under this paragraph may not extend beyond the date of termination of the Commission.
added
Inapplicability of FACA— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the activities of the Commission under this section.
added
Office space and administrative support— The Architect of the Capitol shall make office space available for day-to-day activities of the Commission and for scheduled meetings of the Commission. Upon request, the Architect of the Capitol shall provide, on a reimbursable basis, such administrative support as the Commission requests to carry out its duties.
added
Assistance from Federal agencies—
added
General Services Administration— The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services as the Commission requests to carry out its duties.
added
Federal departments and agencies— Federal departments and agencies may provide to the Commission such services, funds, facilities, staff, and other support services as such departments and agencies consider advisable and as may be authorized by law.
added
Staff—
added
Director— The Chairperson, in consultation with the Vice-Chairperson, and in accordance with rules agreed upon by the Commission, may appoint a staff director.
added
Staff— With the approval of the Commission, the staff director may appoint such employees as the staff director determines necessary to enable the Commission to carry out its duties.
added
Staff qualifications— The staff director shall ensure employees of the Commission have relevant counterterrorism expertise and experience, including in areas such as diplomacy, law enforcement, the Armed Forces, law, public administration, Congress, intelligence, academia, human rights, civil rights, or civil liberties.
added
Appointments and compensation— The Commission may appoint and fix the compensation of the staff director and other employees without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the rate of pay for the staff director may not may exceed the equivalent of that payable to a person occupying a position at level IV of the Executive Schedule and the rate of pay for any other employee of the Commission may not exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule.
added
Experts and consultants— With the approval of the Chairperson, the staff director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.
added
Detail of Government employees— Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out its duties. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of such personnel.
added
Volunteer services— Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary.
added
Security clearances for Commission members and staff— The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the commissioners, including the Chairperson and Vice-Chairperson, and the staff director and other employees, appropriate security clearances to the extent possible pursuant to existing procedures and requirements.
added
Funding—
added
In general— Of the amounts authorized to be appropriated for fiscal year 2021 by this Act, $4,000,000 shall be made available for transfer to the Commission for purposes of the activities of the Commission under this section.
added
Duration of availability— Amounts made available to the Commission under paragraph (1) shall remain available until the until the termination of the Commission.
added
Termination— The Commission shall terminate on the date that is 180 days after the date on which the Commission submits the report under subsection (m)(2).
added
Briefings and report—
added
Briefings— The Chairperson, Vice-Chairperson, and staff director of the Commission shall provide quarterly briefings to the appropriate congressional committees, of which not fewer than two briefings shall be for Members of Congress.
added
Report—
added
In general— Not later than 540 days after the initial meeting of the Commission under subsection (e), the Commission shall submit to the appropriate congressional committees an unclassified report that includes the following:
added
The findings, conclusions, and recommendations of the Commission pursuant to the review and assessment under subsection (b).
added
Summaries of the input and recommendations of each individual with whom the Commission consulted in accordance with subsection (f), attributed in accordance with the preference expressed by such individual.
added
Classified annex— The report required under this subsection may include a classified annex.
added
Addendum— Pursuant to subsection (h)(3), the Commission shall publish as an addendum to the report under subsection (m)(2) a list of all gifts received and the individual or entity from which such gift was received.
added
Public release— Not later than 7 days after the date on which the Commission submits the report under this subsection, the Commission shall make publicly available such report, with the exception of any classified annex under paragraph (2)(B).
added
Definitions— In this section:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the Committee on Armed Services, the Committee on Homeland Security, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives; and
added
the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Finance of the Senate.
added
Domestic terrorism— The term “domestic terrorism” has the meaning given such term in section 2331 of title 18, United States Code.
added
Indian tribe— The term “Indian tribe” has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5304).
added
International terrorism— The term “international terrorism” has the meaning given such term in section 2331 of title 18, United States Code.
added
Registered lobbyist— The term “registered lobbyist” means a lobbyist described in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603).
added
United States person— The term “United States person” has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
Sec. 1286 Program to prevent, mitigate, and respond to civilian harm as a result of military operations in Somalia
added
added
Program required—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall develop and implement a program—
added
to prevent, mitigate, and respond to civilian harm resulting from military operations to counter al-Shabaab or the Islamic State in Somalia (ISIS-Somalia); and
added
to enhance the ability for Somali civilians to report instances of civilian harm resulting from—
added
any operations conducted by United States Armed Forces; and
added
any operations in which United States Armed Forces provided operational support to the Somali Army or the African Union Mission in Somalia (AMISOM).
added
Coordination— The program required by this subsection shall be carried out in accordance with—
added
section 1213 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92);
added
section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 note); and
added
section 1057 of the National Defense Authorization Act for Fiscal Year 2018.
added
Scope of program— The program required by subsection (a) shall include the following:
added
Measures in accordance with section 1057 of the National Defense Authorization Act for Fiscal Year 2018 to improve the ability of the Somali National Army, AMISOM, the United States military, and United States contractors to prevent, mitigate, and respond to instances of civilian harm as a result of military operations to counter al-Shabaab or ISIS-Somalia.
added
Measures in accordance with section 1057 of the National Defense Authorization Act for Fiscal Year 2018 and section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 note) to improve coordination among international actors involved in military operations in Somalia, to include AMISOM, with regard to preventing and mitigating civilian casualties, and collecting data and reporting on such incidents when they occur.
added
Specific measures relating to compliance by Somalia with section 936(b)(3) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 note), to include measures to ensure that Somali civilians, including those without reliable access to the internet, and credible local or international nongovernmental organizations, can report civilian harm, including death, injury, or damage to civilian infrastructure, resulting from United States operations and partner operations.
added
Measures to ensure that ex gratia payments and other assistance are made available as appropriate in accordance with section 1213 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
added
Report—
added
In general— Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report on the measures that have been taken to implement the program required by subsection (a).
added
Form— The report required by this subsection shall be submitted in unclassified form, but may include a classified annex.
added
Definitions— In this section:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
added
the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
added
Operational support— The term “operational support” means training, advising, commanding, coordinating, participating in the movement of, or accompanying Somali Army or AMISOM forces, providing such forces with medevac or other medical aid, aerial refueling, intelligence, surveillance, or reconnaissance, or close air support for operations.
Sec. 1287 Sense of Congress regarding Japan and SMA report draft
added
added
Sense of Congress— It is the Sense of Congress that—
added
the United States greatly values its alliance with the Government of Japan, based on shared values of democracy, the rule of law, a rules-based international order, and respect for human rights;
added
the United States-Japan alliance has been the cornerstone of peace, stability, and security in the Indo-Pacific for more than seven decades;
added
the United States and Japan are indispensable partners in addressing global challenges, including combating the proliferation of weapons of mass destruction, preventing piracy, assisting the victims of conflict and disaster worldwide, safeguarding maritime security, and ensuring freedom of navigation, commerce, and overflight in the Indo-Pacific region;
added
the Democratic People’s Republic of Korea’s (DPRK) nuclear, chemical, and biological weapons programs and ballistic missile programs pose a critical threat to the stability of the Indo-Pacific region and to the security of Japan;
added
the People’s Republic of China’s use of military forces to challenge territory under Japan’s administrative control violate international norms and thereby threaten regional stability.
added
the United States reaffirms its commitment to Article V of the Treaty of Mutual Cooperation and Security between the United States of America and Japan, which applies to the Japanese-administered Senkaku Islands;
added
United States forces forward-deployed in Japan, consisting of 54,000 United States forces, United States Seventh Fleet, the only forward-deployed United States aircraft carrier, and the United States Marine Corps’ III Marine Expeditionary Force, are essential to sustaining United States national security and regional peace and stability;
added
the United States and Japan should continue to deepen defense cooperation to enhance collective defense and regional security;
added
Japan makes significant contributions to regional and global security, including contributions to regional Ballistic Missile Defense, conducting bilateral presence operations and mutual asset protection missions with United States forces, serving as a capacity building contributor to United Nations peacekeeping operations, and providing critical support to United Nations Security Council Resolution enforcement operations against the DPRK’s illicit weapons programs;
added
the United States recognizes the substantial financial commitments of Japan to the maintenance of United States forces in Japan, including contributions of approximately $2,000,000,000 annually under the Special Measures Agreement, $187,000,000 annually under the Japan Facilities Improvement Program, $12,100,000,000 for the Futenma Replacement Facility, and $4,800,000,000 for Marine Corps Air Station Iwakuni, that directly support operational readiness of United States forces in Japan and make Japan among the most significant burden-sharing partners of the United States; and
added
it is in the national security interest of the United States that the United States and Japan conclude a new Special Measures Agreement, negotiated based on the principles of mutual respect, equity, and our shared national security interests, prior to the expiration of the current agreement.
added
Report—
added
In general— Not later than January 1, 2021, the Secretary of Defense, in consultation with the Secretary of State, shall provide a report on the costs most directly associated with the stationing of United States forces in Japan to the congressional defense committees, the House Committee on Foreign Affairs, and the Senate Committee on Foreign Relations. At a minimum, the report shall include—
added
a description of each category of costs, including labor, utilities, training relocation, and any other categories the Secretary determines to be appropriate, that are most directly associated with the stationing of United States forces in Japan;
added
a detailed description of which costs most directly associated with the stationing of United States forces in Japan are incurred in Japan and which such costs are incurred outside of Japan;
added
a detailed summary of contributions made by the Government of Japan that allay the costs to United States of stationing United States forces in Japan;
added
the benefits to United States national security and regional security derived from the forward presence of United States Armed Forces in Japan;
added
the impact to the national security of the United States, the security of Japan, and peace and stability in the Indo-Pacific region if a new Special Measures Agreement is not reached before March 31, 2021; and
added
any other matters the Secretary deems appropriate to include.
added
Form— The report shall be unclassified without any designation relating to dissemination control, but may include a classified annex.
Sec. 1288 Sense of Congress relating to Grand Ethiopian Renaissance Dam
addedadded It is the sense of Congress that it is in the best interests of the stability of the region for Egypt, Ethiopia, and Sudan to immediately reach a just and equitable agreement regarding the filling and operation of the Grand Ethiopian Renaissance Dam.
Sec. 1289 Report on all comprehensive sanctions imposed on foreign governments
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the President, in consultation with the Secretary of State, the Secretary of the Treasury, the Secretary of Commerce, the Administrator of the United States Agency for International Development, the United States Ambassador to the United Nations, and relevant nongovernmental organizations, shall submit to the appropriate congressional committees a report on all comprehensive sanctions imposed on governments of foreign countries under any provision of law.
added
Matters To be included— The report required by subsection (a) shall include—
added
an assessment of the effect of sanctions imposed on the government of each foreign country described in subsection (a) on—
added
the ability of civilian population of the country to access water, sanitation, and public health services;
added
the changes to the general mortality rate, maternal mortality rate, life expectancy, and literacy;
added
the environmental impacts experienced by the country that may be associated with the sanctions, to include fossil fuel usage;
added
the delivery of economic aid and development projects in the country;
added
the extent to which there is an increase in refugees or migration to or from the country or an increase in internally displaced people in the country;
added
the economic, political, and military impacts on the country;
added
the reactions of the country to the imposed sanctions, including policy changes and internal sentiment;
added
the degree of international compliance and non-compliance of the country; and
added
the licensing of transactions to allow access to essential goods and services to vulnerable populations, including women, children, elderly individuals, and individuals with disabilities; and
added
a description of the purpose of sanctions imposed on the government of each foreign country described in subsection (a) and the required legal or political authority, including—
added
an assessment of United States national security;
added
an assessment of whether the stated foreign policy goals of the sanctions are being met;
added
the degree of international support or opposition that can be anticipated;
added
an assessment of such sanctions on United States businesses and consumers;
added
criteria for lifting the sanctions; and
added
prospects for commitment to enforcing the sanctions.
added
Updates of report— The President shall submit to Congress an updated report under subsection (a)—
added
not later than 1 year after the date of the enactment of this Act, and annually thereafter for 10 years; and
added
with respect to a new comprehensive sanction imposed on a government of a foreign country under any provision of law, not later than 180 days after the date on which the sanctions are imposed on the government.
added
Form— The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex. The unclassified portion of the report shall be published on a publicly-available website of the Government of the United States.
added
Review by Congress— Upon receipt of the report required by subsection (a), Congress shall examine the report with a focus on the humanitarian impacts of comprehensive sanctions described in the report, including with respect to human rights, medical services, food and malnutrition and access to water, sanitation, and hygiene services.
added
Definitions— In this section:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives; and
added
the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate.
added
Comprehensive sanction— The term “comprehensive sanctions” means any prohibition on significant commercial and financial activity with a foreign government that is imposed by the United States for reasons of foreign policy or national security.
Sec. 1290 Limitation on assistance to Brazil
addedadded No Federal funds may be obligated or expended to provide any United States security assistance or security cooperation to the defense, security, or police forces of the Government of Brazil to involuntarily relocate, including through coercion or the use of force, the indigenous or Quilombola communities in Brazil.
Sec. 1291 United States Agency for Global Media
added
added
Short title— This section may be cited as the “U.S. Agency for Global Media Reform Act”.
added
Sense of Congress— It is the sense of Congress that the Office of Cuba Broadcasting should—
added
remain an independent entity of the United States Agency for Global Media; and
added
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.
added
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—
added
in subsection (a)—
added
in paragraph (20), by inserting “in accordance with subsection (c)” before the period at the end;
added
in paragraph (21)—
added
by striking “including with Federal officials,”; and
added
by inserting “in accordance with subsection (c)” before the period at the end;
added
by adding at the end the following new paragraph:
added “(23) To—
added “(A) require semi-annual content reviews of each language service of each surrogate network, consisting of a review of at least 10 percent of available weekly content, 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 surrogate service, and the Chief Executive Officer; and
added “(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.”
added
by adding at the end the following new subsection:
added “(c) Limitation on corporate leadership of grantees
added “(1) In general—The Chief Executive Officer may not award any grant under subsection (a) to RFE/RL, Inc., Radio Free Asia, the Middle East Broadcasting Networks, the Open Technology Fund, or any other grantee authorized under this title (collectively referred to as “Agency Grantee Networks”) unless the incorporation documents of any such grantee require that the corporate leadership and Board of Directors of such grantee be selected in accordance with this Act.
added “(2) Conflicts of interest
added “(A) Chief executive officer—The Chief Executive Officer may not serve on any of the corporate boards of any grantee under subsection (a).
added “(B) Federal employees—A full-time employee of a Federal agency may not serve on a corporate board of any grantee under subsection (a).
added “(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.”
added
International Broadcasting Advisory Board— Section 306 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6205) is amended—
added
by striking subsections (a) through (c) and inserting the following:
added “(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.
added “(b) Composition of the Advisory Board
added “(1) In general—The Advisory Board shall consist of seven members, of whom—
added “(A) six shall be appointed by the President, by and with the advice and consent of the Senate, in accordance with subsection (c); and
added “(B) one shall be the Secretary of State.
added “(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.
added “(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.
added “(4) Terms of office
added “(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)—
added “(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;
added “(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
added “(iii) two members who are not affiliated with the same political party, shall be appointed for terms ending on the date that is 6 years after the date of the enactment of the U.S. Agency for Global Media Reform Act.
added “(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.
added “(5) Vacancies
added “(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.
added “(B) Term—Any members appointed pursuant to subparagraph (A) shall serve for the remainder of such term.
added “(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.
added “(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.”
added
by redesignating subsection (d) as subsection (c);
added
by amending subsection (c), as redesignated—
added
in the subsection heading, by inserting “Advisory” before “Board”; and
added
in paragraph (2), by inserting “who are” before “distinguished”; and
added
by striking subsections (e) and (f) and inserting the following new subsections:
added “(d) Functions of the Advisory Board—The members of the Advisory Board shall—
added “(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;
added “(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;
added “(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;
added “(4) obtain information from the Chief Executive Officer, as needed, for the purposes of fulfilling the functions described in this subsection;
added “(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;
added “(6) advise the Chief Executive Officer to ensure that—
added “(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
added “(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
added “(7) provide other strategic input to the Chief Executive Officer.
added “(e) Appointment of heads of networks
added “(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.
added “(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).
added “(3) Quorum
added “(A) In general—A quorum shall consist of four members of the Advisory Board (excluding the Secretary of State).
added “(B) Decisions—Except as provided in paragraph (2), decisions of the Advisory Board shall be made by majority vote, a quorum being present.
added “(C) Closed sessions—The Advisory Board may meet in closed sessions in accordance with section 552b of title 5, United States Code.
added “(f) Compensation
added “(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.
added “(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.
added “(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).
added “(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).”
added
Conforming amendments— The United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended—
added
in section 304—
added
in the section heading, by striking “Broadcasting Board of Governors” and inserting “United States Agency for Global Media”;
added
in subsection (a), by striking “Broadcasting Board of Governors” and inserting “United States Agency for Global Media”;
added
in subsection (b)(1), by striking “Broadcasting Board of Governors” and inserting “United States Agency for Global Media”; and
added
in subsection (c), by striking “Board” each place such term appears and inserting “Agency”;
added
in section 305—
added
in subsection (a)—
added
in paragraph (6), by striking “Board” and inserting “Agency”;
added
in paragraph (13), by striking “Board” and inserting “Agency”;
added
in paragraph (20), by striking “Board” and inserting “Agency”; and
added
in paragraph (22), by striking “Board” and inserting “Agency”;
added
in subsection (b), by striking “Board” each place such term appears and inserting “Agency”;
added
in section 308—
added
in subsection (a), in the matter preceding paragraph (1), by striking “Board” and inserting “Agency”;
added
in subsection (b), by striking “Board” each place such term appears and inserting “Agency”;
added
in subsection (d), by striking “Board” and inserting “Agency”;
added
in subsection (g), by striking “Board” each place such term appears and inserting “Agency”;
added
in subsection (h)(5), by striking “Board” and inserting “Agency”; and
added
in subsection (i), in the first sentence, by striking “Board” and inserting “Agency”;
added
in section 309—
added
in subsection (c)(1), by striking “Board” each place such term appears and inserting “Agency”;
added
in subsection (e), in the matter preceding paragraph (1), by striking “Board” and inserting “Agency”;
added
in subsection (f), by striking “Board” each place such term appears and inserting “Agency”; and
added
in subsection (g), by striking “Board” and inserting “Agency”;
added
in section 310(d), by striking “Board” and inserting “Agency”;
added
in section 310A(a), by striking “Broadcasting Board of Governors” and inserting “United States Agency for Global Media”;
added
in section 310B, by striking “Board” and inserting “Agency”;
added
by striking section 312;
added
in section 313(a), in the matter preceding paragraph (1), by striking “Board” and inserting “Agency”;
added
in section 314—
added
by striking “(4) the terms “Board and Chief Executive Officer of the Board” means the Broadcasting Board of Governors” and inserting the following:
added “(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,”
added
in paragraph (3)—
added
by striking “includes—” and inserting “means the corporation having the corporate title described in section 308”; and
added
by striking subparagraphs (A) and (B); and
added
in section 316—
added
in subsection (a)(1), by striking “Broadcasting Board of Governors” and inserting “United States Agency for Global Media”; and
added
in subsection (c), by striking “Broadcasting Board of Governors” and inserting “United States Agency for Global Media”.
added
Rulemaking— Notwithstanding any other provision of law, the United States Agency for Global Media may not revise part 531 of title 22, Code of Federal Regulations, which took effect on June 11, 2020, without explicit authorization by an Act of Congress.
added
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:
added “(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.
added “(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.”
added
Rule of construction— Nothing in the United States International Broadcasting Act of 1994 or any other provision of law may be construed to make the Open Technology Fund an entity authorized under such Act until the effective date of legislation authorizing the establishment of the Open Technology Fund.
Sec. 1292 Determination and imposition of sanctions with respect to Turkey’s acquisition of the S–400 air and missile defense system
added
added
Findings and sense of Congress—
added
Findings— Congress makes the following findings:
added
The Government of Turkey acquired the S–400 air and missile defense system from the Russian Federation beginning on July 12, 2019.
added
Such acquisition was facilitated by Turkey’s Presidency of Defense Industries (SSB).
added
Sense of Congress— It is the sense of Congress that it is in the national security interest of the United States—
added
to deter aggression against North Atlantic Treaty Organization (NATO) allies by the Russian Federation or any other adversary;
added
to continue to work with NATO allies to ensure they meet their alliance defense commitments, including through adequate and efficient investments in national defense;
added
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;
added
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;
added
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;
added
to promote opportunities to strengthen the capacity of NATO member states to counter Russian malign influence; and
added
to enforce fully the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44; 22 U.S.C. 9401 et seq.), including by imposing sanctions with respect to any person that the President determines knowingly engaged 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.
added
Determination— The acquisition by the Government of Turkey of the S–400 air and missile defense system from the Russian Federation beginning on July 12, 2019, shall constitute a significant transaction as described in section 231 of the Countering America’s Adversaries Through Sanctions Act (22 U.S.C. 9525).
added
Sanctions— Not later than 30 days after the date of the enactment of this Act, the President shall impose 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 the Government of Turkey’s acquisition of the S–400 air and missile defense system from the Russian Federation.
added
Exception relating to importation of goods—
added
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.
added
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.
added
Termination— The President may terminate the imposition of sanctions required under this section with respect to a person if the President submits to the appropriate congressional committees a certification that—
added
the Government of Turkey and any person acting on its behalf no longer possesses the S–400 air and missile defense system and no such system or successor system is operated or maintained by Russian nationals, or persons acting on behalf of the Government of the Russian Federation, in Turkey; and
added
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 any activity subject to sanctions under section 231 of the Countering America’s Adversaries Through Sanctions Act in the future.
Sec. 1293 Report on incidents of arbitrary detention, violence, and state-sanctioned harassment by the Government of Egypt against United States citizens and their family members who are not United States citizens
added
added
In general— Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense, shall submit to the appropriate congressional committees a report on incidents of arbitrary detention, violence, and state-sanctioned harassment by the Government of Egypt against United States citizens and their family members who are not United States citizens, in both Egypt and in the United States.
added
Matters To be included— The report required by subsection (a) shall include the following:
added
A detailed description of such incidents in the past three years.
added
A certification of whether such incidents constitute a “pattern of acts of intimidation or harassment” for purposes of a Presidential determination in accordance with section 6 of the Arms Export Control Act (22 U.S.C. 2756).
added
A statement of the Secretary of State’s intent with regard to cancelling or suspending any letters of offer, credits, guarantees, or export licenses accorded to the Government of Egypt in accordance with the provisions of section 6 of such Act.
added
Any other actions taken to meaningfully deter incidents of intimidation or harassment against Americans and their families by such government’s security agencies.
added
Form— The report required by subsection (a) shall be submitted in unclassified form, but the portions of the report described in paragraphs (2), (3), and (4) of subsection (b) may contain a classified annex, so long as such annex is provided separately from the unclassified report.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
added
the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
Sec. 1294 Establishment of the Open Technology Fund
added
added
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.
added
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:
added “309A. Open Technology Fund
added “(a) Authority
added “(1) In general—Grants authorized under section 305 shall be available to make annual grants for the purpose of promoting, consistent with United States law, unrestricted access to uncensored sources of information via the internet to enable journalists, including journalists employed by or affiliated with the Voice of America, Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, the Office of Cuba Broadcasting, or any entity funded by or partnering with the United States Agency for Global Media, to create and disseminate, and for their audiences to receive, news and information consistent with the purposes, standards, and principles specified in sections 302 and 303.
added “(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.
added “(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—
added “(1) research, develop, implement, and maintain—
added “(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
added “(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;
added “(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;
added “(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;
added “(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;
added “(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
added “(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.
added “(c) Methodology—In carrying out subsection (b), the Open Technology Fund shall—
added “(1) support fully open-source tools, code, and components, to the extent practicable, to ensure such supported tools and technologies are as secure, transparent, and accessible as possible, and require that any such tools, components, code, or technology supported by the Open Technology Fund remain fully open-source, to the extent practicable;
added “(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;
added “(3) review and update periodically as necessary security auditing procedures used by the Open Technology Fund to reflect current industry security standards;
added “(4) establish safeguards to mitigate the use of such supported technologies for illicit purposes;
added “(5) solicit project proposals through an open, transparent, and competitive application process to attract innovative applications and reduce barriers to entry;
added “(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;
added “(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;
added “(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
added “(9) utilize any other methodology approved by the United States Agency for Global Media in furtherance of the mission of the Open Technology Fund.
added “(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:
added “(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.
added “(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.
added “(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.
added “(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.
added “(5) Administrative and managerial costs for operation of the Open Technology Fund should be kept to a minimum and, to the maximum extent feasible, should not exceed the costs that would have been incurred if the Open Technology Fund had been operated as a Federal entity rather than as a grantee.
added “(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.
added “(e) Relationship to the United States Agency for Global Media
added “(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.
added “(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.
added “(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.
added “(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.
added “(f) Relationship to other United States Government-Funded internet freedom programs—The United States Agency for Global Media shall ensure that internet freedom research and development projects of the Open Technology Fund are coordinated with internet freedom programs of the Department of State and other relevant United States Government departments, in order to share information and best-practices relating to the implementation of subsections (b) and (c).
added “(g) Reporting requirements
added “(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:
added “(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.
added “(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.
added “(2) Assessment of the effectiveness of the Open Technology Fund—Not later than 2 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:
added “(A) Whether the Open Technology Fund is technically sound and cost effective.
added “(B) Whether the Open Technology Fund is satisfying the requirements of this section.
added “(C) The extent to which the interests of the United States are being served by maintaining the work of the Open Technology Fund.
added “(h) Audit authorities
added “(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.
added “(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.
added “(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.”
added
Conforming amendments— The United States International Broadcasting Act of 1994 is amended—
added
in section 304(d) (22 U.S.C. 6203(d)), by inserting “the Open Technology Fund,” before “the Middle East Broadcasting Networks”;
added
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
added
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.
added
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.
added
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.
Sec. 1295 Sense of Congress on payment of amounts owed by Kuwait to United States medical institutions
added
added
Findings— Congress finds that—
added
at least 45 medical institutions in the United States have provided medical services to citizens of Kuwait; and
added
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.
added
Sense of Congress— It is the sense of Congress that—
added
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;
added
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 Coronavirus Disease 2019 (“COVID–19”) pandemic; and
added
Kuwait should immediately pay such outstanding amounts owed to such United States medical institutions.
Sec. 1296 Protection and promotion of internationally recognized human rights during the novel coronavirus pandemic
added
added
Statement of policy— It is the policy of the United States to—
added
encourage the protection and promotion of internationally recognized human rights at home and abroad at all times and especially during the novel coronavirus pandemic;
added
support freedom of expression and freedom of the press in the United States and elsewhere, which are critical to ensuring public dissemination of, and access to, accurate information about the novel coronavirus pandemic, including information authorities need to enact science-based policies that limit the spread and impact of the virus, while protecting human rights;
added
support multilateral efforts to address the novel coronavirus pandemic; and
added
oppose the use of the novel coronavirus pandemic as a justification for the enactment of laws and policies that use states of emergency to violate or otherwise restrict the human rights of citizens, inconsistent with the principles of limitation and derogation, and without clear scientific or public health justifications, including the coercive, arbitrary, disproportionate, or unlawful use of surveillance technology.
added
Sense of Congress— It is the sense of Congress that—
added
the United States should lead the international community in its efforts to respond to the novel coronavirus pandemic;
added
the United States, in implementing emergency policies at home and through its diplomacy, foreign assistance, and security cooperation, should promote the protection of internationally recognized human rights during and after the novel coronavirus pandemic;
added
foreign assistance and security cooperation provided by the Department of State, the United States Agency for International Development (USAID), and the Department of Defense, whether implemented directly or through nongovernmental organizations or international organizations, should—
added
support democratic institutions, civil society, free media, and other internationally recognized human rights during, and in the aftermath of, the novel coronavirus pandemic;
added
ensure attention to countries in which the government’s response to the pandemic violated human rights and democratic norms; and
added
incentivize foreign military and security force units to abide by their human rights obligations, and in no way contribute to human rights violations; and
added
in implementing emergency policies in response to the novel coronavirus pandemic—
added
governments should fully respect and comply with internationally recognized human rights, including the rights to life, liberty, and security of the person, the freedoms of movement, religion, speech, peaceful assembly, association, freedom of expression and of the press, and the freedom from arbitrary detention, discrimination, or invasion of privacy;
added
emergency restrictions or powers that impact internationally recognized human rights, including the rights to freedom of assembly, association, and movement should be—
added
grounded in law, narrowly tailored, proportionate, and necessary to the government’s legitimate goal of ending the pandemic;
added
limited in duration;
added
clearly communicated to the population;
added
subject to independent government oversight; and
added
implemented in a nondiscriminatory and fully transparent manner;
added
governments—
added
should not place any limits or other restrictions on, or criminalize, the free flow of information; and
added
should make all efforts to provide and maintain open access to the internet and other communications platforms;
added
emergency measures should not discriminate against any segment of the population, including minorities, vulnerable individuals, and marginalized groups;
added
monitoring systems put in place to track and reduce the impact of the novel coronavirus should, at a minimum—
added
abide by privacy best practices involving data anonymization and aggregation;
added
be administered in an open and transparent manner;
added
be scientifically justified and necessary to limit the spread of disease;
added
be employed for a limited duration of time in correspondence with the system’s public health objective;
added
be subject to independent oversight;
added
incorporate reasonable data security measures; and
added
be firewalled from other commercial and governmental uses, such as law enforcement and the enforcement of immigration policies; and
added
governments should take every feasible measure to protect the administration of free and fair elections.
added
Report on countering disinformation— Not later than 60 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense and the heads of other relevant Federal departments and agencies, shall submit to the appropriate congressional committees a report on all actions taken by the United States Government to counter disinformation and disseminate accurate information abroad related to the novel coronavirus pandemic.
added
Report on human rights— Not later than 90 days after the date on which the World Health Organization declares that the novel coronavirus pandemic has ended, and having consulted with the appropriate congressional committees, the Secretary of State, in coordination with the Secretary of Defense, shall submit to the appropriate congressional committees a report that—
added
identifies the countries in which emergency measures or other legal actions taken in response to the novel coronavirus pandemic were inconsistent with the principles described in subsection (b)(4) or otherwise limited internationally recognized human rights in a manner inconsistent with the principles of limitation and derogation extended beyond the end of the novel coronavirus pandemic;
added
identifies the countries in which such measures or actions continued beyond the end of the novel coronavirus pandemic;
added
for the countries identified pursuant to paragraph (1), describes such emergency measures, including—
added
how such measures violated or seriously undermined internationally recognized human rights; and
added
the impact of such measures on—
added
the government’s efforts and ability to control the pandemic within the country;
added
the population’s access to health care services;
added
the population’s access to services for survivors of violence and abuse;
added
women and ethnic, religious, sexual, and other minority, vulnerable, or marginalized populations; and
added
military-to-military activities, exercises, or joint operations, including the number and type of bilateral and multilateral military events, cancelled or adjusted, the type of joint Special Security Agreement or Security Cooperation activity, and the reason for cancellation;
added
describes—
added
any surveillance measures implemented or utilized by the governments of such countries as part of the novel coronavirus pandemic response;
added
the extent to which such measures have been, or have not been, rolled back; and
added
whether and how such measures impact internationally recognized human rights;
added
indicates whether any foreign person or persons within a country have been determined to have committed gross violations of internationally recognized human rights during the novel coronavirus pandemic response, including a description of any resulting sanctions imposed on such persons under United States law; and
added
provides recommendations relating to the steps the United States Government should take, through diplomacy, foreign assistance, and security cooperation, to address the persistent issues related to internationally recognized human rights in the aftermath of the novel coronavirus pandemic.
added
Conditioning of security sector assistance— Section 502B(a)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(4)) is amended—
added
in subparagraph (A), by striking “or” at the end;
added
in subparagraph (B), by striking the period at the end and inserting “; or”; and
added
by adding at the end the following:
added “(C) has engaged in the systematic violation of internationally recognized human rights through the use of emergency laws, policies, or administrative procedures.”
added
Department of Defense guidance— Not later 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance that the program of assessment, monitoring, and evaluation in support of the security cooperation programs and activities maintained by the Department of Defense in accordance with section 383 of title 10, United States Code, and intelligence collections requirements of the combatant commands shall include, for the next 5 fiscal years, indicators of whether partner security forces have taken advantage of the novel coronavirus pandemic and public health control measures to—
added
control, limit, or profit from the distribution or supply of medical supplies, food, water, and other essential goods;
added
undermine civilian and parliamentary control or oversight of security forces;
added
limit ability of civilian government authorities to execute essential functions, including civilian policing, justice delivery, detentions, or other forms of essential community-level government service delivery;
added
expand solicitation of bribes or compensation for use of or access to key transportation nodes or networks, including roadways and ports;
added
take control of media distribution or otherwise limit the exercise of freedom of the press or distribution of radio, internet, or other broadcast media;
added
deepen religious or ethnic favoritism in delivery of security, justice, or other essential government services; or
added
otherwise undermine or violate internationally recognized human rights in any way determined of concern by the Secretary.
added
Country reports on human rights practices— The Foreign Assistance Act of 1961 is amended as follows:
added
In section 116 (22 U.S.C. 2151n), by adding at the end the following new subsection:
added “(h) Human rights violations due to misuse of emergency powers and surveillance technology—The report required by subsection (d) shall include, wherever applicable, a description of any misuse by the government of any country of any emergency powers or measures, or any development or proliferation of any surveillance technologies, that violated or seriously undermined internationally recognized human rights in a manner inconsistent with the principles of limitation and derogation, including the following information:
added “(1) Any failure by the government of any country to clearly articulate the purpose of emergency powers or measures, or to specify the duration of such powers or measures, or to notify the United Nations regarding the use of such powers, as required by applicable treaty.
added “(2) Any failure by the government of any country to abide by the stated purposes of emergency powers or measures, or to cease the use of such powers after any specified term expires.
added “(3) Any violations by the government of any country of non-derogable rights due to the implementation of emergency powers or measures.
added “(4) Any discriminatory implementation by the government of any country of emergency powers or measures, the populations affected, and the impact on such populations.
added “(5) Any development or proliferation of surveillance technologies, including new or emerging technologies used by the government of a country in the surveillance of civilian populations, that—
added “(A) fail to abide by privacy best practices involving data anonymization and aggregation;
added “(B) are not administered in an open and transparent manner;
added “(C) are not subject to independent oversight; and
added “(D) fail to incorporate reasonable data security measures.”
added
In section 502B(b) (22 U.S.C. 2304(b)), by—
added
redesignating the second subsection (i) (relating to child marriage) as subsection (j); and
added
adding at the end the following new subsection:
added “(k) Human rights violations due to misuse of emergency powers and surveillance technology—The report required by subsection (b) shall include, wherever applicable, a description of any misuse by the government of any country of any emergency powers or measures, or any development or proliferation of any surveillance technologies, that violated or seriously undermined internationally recognized human rights in a manner inconsistent with the principles of limitation and derogation, including the following information:
added “(1) Any failure by the government of any country to clearly articulate the purpose of emergency powers or measures, or to specify the duration of such powers or measures, or to notify the United Nations regarding the use of such powers, as required by applicable treaty.
added “(2) Any failure by the government of any country to abide by the stated purposes of emergency powers or measures, or to cease the use of such powers after any specified term expires.
added “(3) Any violations by the government of any country of non-derogable rights due to the implementation of emergency powers or measures.
added “(4) Any discriminatory implementation by the government of any country of emergency powers or measures, the populations affected, and the impact on such populations.
added “(5) Any development or proliferation of surveillance technologies, including new or emerging technologies used by the government of a country in the surveillance of civilian populations, that—
added “(A) fail to abide by privacy best practices involving data anonymization and aggregation;
added “(B) are not administered in an open and transparent manner;
added “(C) are not subject to independent oversight; and
added “(D) fail to incorporate reasonable data security measures.”
added
Definition— In this section, the term “appropriate congressional committees” means—
added
the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and
added
the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate.
Sec. 1297 Review of Department of Defense compliance with “Principles Related to the Protection of Medical Care Provided by Impartial Humanitarian Organizations During Armed Conflicts”
added
added
Statement of Congress— Congress—
added
affirms the importance of United States leadership in ensuring global respect and protection for all health care workers, vehicles and equipment, and health care facilities, during times of armed conflict or other situations of violence;
added
deeply regrets that health care workers, vehicles and equipment, health care facilities, and the sick and wounded are too often attacked, assaulted or subjected to violence in and outside of situations of armed conflict, and expresses support for health care workers around the world providing impartial care in and outside of armed conflict;
added
affirms support for the right to freedom of assembly and rejects the targeting, harming, or endangering of health care workers, vehicles or equipment, health care facilities, or the sick and wounded during times of civil protest or unrest; and
added
urges the United States Government to strengthen its global leadership role to protect health care in armed conflict and other situations of violence, in accordance with the Geneva Conventions of 1949 and United Nations Security Council Resolution 2286 of May 3, 2016, through—
added
United States diplomatic channels;
added
appropriately leveraging United States security cooperation to ensure that United States military partners protect health care; and
added
the development of practical guidance for the United State Armed Forces on protecting health care in armed conflict and other situations of violence.
added
Statement of policy— It is the policy of the United States—
added
to ensure that Department of Defense orders and military guidance are consistent with international humanitarian law recognized by the United States as binding by treaty or custom; and
added
to encourage United States military partners to integrate similar measures to protect health care into the planning and conduct of operations.
added
Review—
added
In general— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees the results of the review requested on October 3, 2016, by then Secretary of Defense Ashton Carter, 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”.
added
If review not completed— If such review has not been completed, the Secretary of Defense—
added
shall complete the review in accordance with the original request; and
added
shall, not later than 120 days after the date of the enactment of this Act, provide the results of the review to the appropriate congressional committees.
added
Matters to be included— Such review shall include the following:
added
A description of the Department of Defense orders, rules of engagement, directives, regulations, policies, practices, and procedures that were reviewed, including checkpoint practices, hospital searches, precautions concerning attacks on health care facilities that have lost legal protection, treatment of the wounded and sick, or any other guidance, and training or standard operating procedures relating to the protection of health care during armed conflict.
added
An identification of any changes or adjustments to orders, guidance, policies, or procedures that were made as a result of such review and a description of such changes or adjustments.
added
Definition— In this subsection, the term “appropriate congressional committees” means—
added
the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
added
the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
Sec. 1298 Promoting human rights in Colombia
added
added
Sense of Congress— It is the sense of Congress that—
added
the United States recognizes Colombia as a key regional partner committed to promoting democracy, human rights, and security and remains committed to supporting areas of mutual interest outlined under Plan Colombia;
added
no military or intelligence equipment or supplies transferred or sold to the Government of Colombia under United States security sector assistance programs should be used for purposes of unlawful surveillance or intelligence gathering directed at the civilian population, including human rights defenders, judicial personnel, journalists or the political opposition;
added
the United States should encourage accountability through full and transparent investigation, as appropriate, and prosecution under applicable law of individuals in Colombia responsible for conducting unlawful surveillance or intelligence gathering; and
added
the United States, through its diplomacy, foreign assistance, and United States security sector assistance programs, should consistently and at all times promote the protection of internationally-recognized human rights in Colombia, including by incentivizing the Colombian Government, its military, police, security, and intelligence units, to abide by their human rights obligations.
added
Report—
added
In general— Not later than 120 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense and the Director of National Intelligence, shall submit to the appropriate congressional committees a report that assesses allegations that United States security sector assistance provided to the Government of Colombia was used by or on behalf of the Government of Colombia for purposes of unlawful surveillance or intelligence gathering directed at the civilian population, including human rights defenders, judicial personnel, journalists, and the political opposition.
added
Matters to be included— The report required by this subsection shall include the following:
added
A detailed summary of findings in regard to any involvement by Colombian military, police, security, or intelligence units in unlawful surveillance or intelligence gathering directed at sectors of the civilian population and non-combatants from 2002 through 2018.
added
Any findings in regard to any unlawful surveillance or intelligence gathering alleged or reported to have been carried out by Colombian military, police, security, or intelligence units in 2019 and 2020 and an assessment of the full extent of such activities, including identification of units involved, relevant chains of command, and the nature and objectives of such surveillance or intelligence gathering.
added
A detailed description of any use of United States security sector assistance for such unlawful surveillance or intelligence gathering.
added
Full information on the steps taken by the Department of State, the Department of Defense, or the Office of the Director of National Intelligence in response to any misuse or credible allegations of misuse of United States security sector assistance, including—
added
any application of section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) or section 362 of title 10, United States Code (commonly referred to as the “Leahy Laws”);
added
any consideration of the implementation of mandatory “snap-back” of United States security assistance found to have been employed by the Colombian Government or any dependency thereof for such unlawful surveillance or intelligence gathering; and
added
a description of measures taken to ensure that such misuse does not recur in the future.
added
Full information on the steps taken by the Colombian Government and all relevant Colombian authorities in response to any misuse or credible allegations of misuse of United States security sector assistance, including a description of measures taken to ensure that such misuse of military or intelligence equipment or supplies does not recur in the future.
added
An analysis of the adequacy of Colombian military and security doctrine and training for ensuring that surveillance and intelligence gathering operations are conducted in accordance with the Government of Colombia’s international human rights obligations and any additional assistance and training that the United States can provide to strengthen adherence by Colombian military and security forces to international human rights obligations.
added
Form— The report required by this subsection shall be submitted in unclassified form, but may include a classified annex.
added
Definitions— In this section:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and
added
the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate.
added
Intelligence community— The term “intelligence community” has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
added
United States security sector assistance— The term “United States security sector assistance” means a program authorized under—
added
section 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2304) and administered by the Department of State;
added
section 301 of title 10, United States Code, or any national defense authorization Act and administered by the Department of Defense; or
added
any law administered by the intelligence community.
added
Unlawful surveillance or intelligence gathering— The term “unlawful surveillance or intelligence gathering” means surveillance or intelligence gathering—
added
prohibited under applicable Colombian law or international law recognized by Colombia;
added
undertaken without legally required judicial oversight, warrant or order; or
added
undertaken in violation of internationally recognized human rights.
Sec. 1299 Waiver of passport fees for certain individuals
addedadded Section 1 of the Passport Act of June 4, 1920 (22 U.S.C. 214) is amended, in the third sentence, by inserting “from a family member of a member of the uniformed services proceeding abroad whose travel and transportation is provided under section 481h of title 37, United States Code;” after “funeral or memorial service for such member;”.
Sec. 1299A Report on Venezuela
added
added
Report required— Not later than 120 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense shall submit to the appropriate congressional committees a report regarding the political, economic, health, and humanitarian crisis in Venezuela, and its implications for United States national security and regional security and stability.
added
Elements of report— The report required by subsection (a) shall include, at a minimum, the following:
added
An assessment of how the multifaceted crisis in Venezuela and the resulting migration of millions of citizens from Venezuela to neighboring countries, including Brazil, Colombia, Ecuador, and Peru, affects regional security and stability.
added
An assessment of whether, and to what degree, the situation in Venezuela has affected drug trafficking trends in the region, including by creating a more permissive environment in Venezuela for drug trafficking organizations and other criminal actors to operate.
added
An assessment of the influence of external actors in Venezuela, including the Government of the People’s Republic of China, the Government of Cuba, the Government of Iran, and the Government of the Russian Federation.
added
An assessment of how, and to what degree, the COVID–19 pandemic in Venezuela has affected, or is likely to affect, the health and humanitarian situation in Venezuela and regional security and stability.
added
Any other matters the Secretary of State or Secretary of Defense determines should be included.
added
Form— The report required by subsection (a) shall be submitted in both classified and unclassified form.
added
Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—
added
the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives;
added
the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives;
added
the Subcommittee on State, Foreign Operations, and Related Programs of the Committee on Appropriations of the Senate and the Subcommittee on State, Foreign Operations, and Related Programs of the Committee on Appropriations of the House of Representatives; and
added
the Subcommittee on Defense of the Committee on Appropriations of the Senate and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
Sec. 1299B Prohibition on use of funds for aerial fumigation
addedadded None of the amounts authorized to be appropriated or otherwise made available by this Act may be made available to directly conduct aerial fumigation in Colombia unless there are demonstrated actions by the Government of Colombia to adhere to national and local laws and regulations.
Sec. 1299C Report on support for democratic reforms by the Government of the Republic of Georgia
added
added
Sense of Congress— It is the sense of Congress that the United States should—
added
support the Government of the Republic of Georgia’s continued development of democratic values, path to electoral reform, commitment to combating corruption, and efforts to ensure the Georgian private sector upholds internationally recognized standards, including welcoming and protecting foreign direct investment; and
added
continue to work closely with the Government of Georgia on defense and security cooperation to include increasing Georgia’s defense capabilities, interoperability with partner nations, adherence to the rules of war, and strengthening of defense institutions.
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that contains—
added
an analysis of whether or not the Government of Georgia is taking effective steps to strengthen democratic institutions in Georgia; and
added
an analysis of whether or not the Government of Georgia is—
added
effectively implementing electoral reform;
added
respecting the independence of the judiciary, including independence from legislative or executive interference;
added
effectively implementing the necessary policies to ensure accountability and transparency, including unfettered access to public information;
added
protecting the rights of civil society, opposition political parties, and the independence of the media; and
added
any other matters the Secretary determines to be appropriate.
Sec. 1299D Assessment on modernization targets of the People’s Liberation Army
added
added
Assessment— The Secretary of Defense, in consultation with relevant Federal departments and agencies, shall prepare an assessment on the People’s Liberation Army of the People’s Republic of China 2035 modernization targets that includes—
added
how such modernization could impact the effectiveness of Taiwan’s self-defense capabilities;
added
how such modernization could impact United States interests, including those articulated in the Taiwan Relations Act (22 U.S.C 3301 et. seq.) to maintain the capacity of the United States 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; and
added
any other matters the Secretary determines appropriate.
added
Briefing— Not later than 180 days after the enactment of this Act, the Secretary of Defense shall provide the assessment in a classified, written report to—
added
the Committee on Armed Services, the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and
added
the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.
Sec. 1299E Mitigation and prevention of atrocities in high-risk countries
added
added
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 the prevention of atrocities and mitigation of fragility into security assistance and cooperation planning and implementation for covered foreign countries.
added
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.
added
Report— Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State shall submit to the appropriate congressional committees a report on its efforts to prevent atrocities in covered foreign countries.
added
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 may 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 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.
added
Definitions— In this section:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
added
the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
added
Covered foreign country— The term “covered foreign country” means a foreign country that is not listed as a priority country under the Global Fragility Initiative 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.
Sec. 1299F Resumption of Peace Corps operations
addedadded 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—
added
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 China and Mongolia), due to the COVID–19 public health emergency;
added
obtain approval from countries, as is 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;
added
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;
added
develop and maintain a robust volunteer cohort; and
added
identify the need for anticipated additional appropriations or new statutory authorities and 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. 1299G Transfer of excess naval vessels to the Government of Egypt
added
added
Transfers by grant— The President is authorized to transfer to the Government of Egypt the OLIVER HAZARD PERRY class guided missile frigates ex-USS CARR (FFG–52) and ex-USS ELROD (FFG–55) on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) upon submitting to the appropriate congressional committees a certification described in subsection (b).
added
Certification— A certification described in this subsection is a certification of the following:
added
The President has received reliable assurances that the Government of Egypt and any Egyptian state-owned enterprise—
added
are not engaged in activity subject to sanctions under the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44; 22 U.S.C. 9401 et seq.), including activity related to Russian Su–35 warplanes; and
added
will not knowingly engage in activity subject to sanctions under such Act in the future.
added
The Egyptian forces that will man the vessels described in subsection (a) will be subject to the requirements of section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) and section 362 of title 10, United States Code (commonly referred to as the “Leahy laws”), and to other human rights vetting requirements to ensure that United States-funded assistance is not provided to Egyptian security forces that have committed gross violations of internationally recognized human rights.
added
The President has received reliable assurances that the vessels described in subsection (a) will not be used in any military operation in Libya or Libyan territorial waters, except for those operations conducted in coordination with the United States.
added
Violations— If the President determines after the transfer of a vessel described in subsection (a) that the conditions described in subsection (b) are no longer being met, the President shall apply the provisions of section 3(c) of the Arms Export Control Act (22 U.S.C. 2753(c)) with respect to Egypt to the same extent and in the same manner as if Egypt had committed a violation described in paragraph (1) of such section.
added
Grants not counted in annual total of transferred excess defense articles— The value of a vessel transferred to the Government of Egypt on a grant basis pursuant to authority provided under subsection (a) shall not be counted against the aggregate value of excess defense articles transferred in any fiscal year under section 516(g) of such Act (22 U.S.C. 2321j(g)).
added
Costs of transfers— Notwithstanding section 516(e) of such Act (22 U.S.C. 2321j(e)), any expense incurred by the United States in connection with a transfer authorized under subsection (a) shall be charged to the Government of Egypt.
added
Repair and refurbishment in United States shipyards— To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under subsection (a), that the Government of Egypt have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of Egypt, performed at a shipyard located in the United States, including a United States Navy shipyard.
added
Expiration of authority— The authority to transfer a vessel under subsection (a) shall expire at the end of the 3-year period beginning on the date of the enactment of this Act.
added
Report— Not later than 30 days before the transfer of a vessel described in subsection (a), the President shall submit to the appropriate congressional committees a report on how the transfer of the vessel will help to alleviate United States mission requirements in the Mediterranean Sea, the Bab el Mandeb Strait, and the Red Sea.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
added
the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
Sec. 1299H Limitation on production of nuclear proliferation assessment statements
added
added
Limitation— The Secretary of State may not provide to the President, and the President may not submit to Congress, a Nuclear Proliferation Assessment Statement described in subsection (a) of section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) with respect to a proposed cooperation agreement with any country that has not signed and implemented an Additional Protocol with the International Atomic Energy Agency, other than a country with which, as of July 1, 2020, there is in effect a civilian nuclear cooperation agreement pursuant to such section 123.
added
Waiver— The limitation under subsection (a) shall be waived with respect to a particular country if—
added
the President submits to the appropriate congressional committees a request to enter into a proposed cooperation agreement with such country that includes a report describing the manner in which such agreement would advance the national security and defense interests of the United States and not contribute to the proliferation of nuclear weapons; and
added
there is enacted a joint resolution approving the waiver of such limitation with respect to such agreement.
added
Form— The report described in subsection (b) shall be submitted in unclassified form but may include a classified annex.
added
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
added
the congressional defense committees;
added
the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and
added
the Committee on Energy and Natural Resources, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.
Sec. 1299I Report on Mexican Security Forces
added
added
Report— Not later than 90 days after enactment of this act, the Secretary of Defense and the Secretary of State, in coordination with other appropriate officials, shall jointly submit to the appropriate congressional committees a report containing a comprehensive assessment of ongoing support and a strategy for future cooperation between the United States government and the Mexican security forces including the Mexican National Guard, federal, state, and municipal law enforcement.
added
Matters To be included— The report under subsection (a) shall include, at minimum, the following:
added
Department of Defense and Department of State strategy and timeline for assistance to Mexican security forces, including detailed areas of assistance and a plan to align the strategy with Mexican government priorities.
added
Description of the transfer of U.S.-supported equipment from the Federal Police and armed forces to the National Guard, if any, and any resources originally provided for the Federal Police and armed forces that are now in use by the National Guard.
added
Dollar amounts of any assistance provided or to be provided to each of the Mexican security forces, and any defense articles, training, and other services provided or to be provided to each of the Mexican security forces.
added
Department of Defense and Department of State plans for all U.S. training for Mexican security forces, including training in human rights, proper use of force, de-escalation, investigation and evidence-gathering, community relations, and anti-corruption.
added
An assessment of the National Guard’s adherence to human rights standards, including the adoption of measures to ensure accountability for human rights violations and the development of a human rights training curriculum.
added
Department of Defense and Department of State plans to support external monitoring and strengthen internal control mechanisms within each of the Mexican security forces including the Mexican National Guard, federal, state, and municipal law enforcement, including the internal affairs unit.
added
Information on Mexico’s security budget and contributions to strengthening security cooperation with the United States; and (8) Information on security assistance Mexico may be receiving from other countries.
added
Form— The report required under subsection (a) may be submitted in classified form with an unclassified summary.
added
Appropriate congressional committees— The term “appropriate congressional committees” means the Committee on Foreign Affairs and the Armed Services Committee of the House of Representatives and the Committee on Foreign Relations and the Armed Services Committee of the Senate.
Sec. 1299J Matters relating to Cooperative Threat Reduction programs and weapons of mass destruction terrorism
added
added
Statement of policy— It is the policy of the United States to ensure—
added
to the extent practicable, the agents, precursors, and materials needed to produce weapons of mass destruction are placed beyond the reach of terrorist organizations and other malicious non-state actors;
added
the number of foreign states that possess weapons of mass destruction is declining; and
added
the global quantity of weapons of mass destruction and related materials is reduced.
added
Sense of Congress— It is the sense of Congress that—
added
diplomatic outreach, threat reduction and foreign capacity-building programs, export controls, and the promotion of international treaties and norms are all essential elements of accomplishing the core national security mission of preventing, detecting, countering, and responding to threats of weapons of mass destruction terrorism; and
added
the potentially devastating consequences of weapons of mass destruction terrorism pose a significant risk to United States national security.
added
Report on lines of effort To implement policies—
added
In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President, acting through the Secretary of Defense, the Secretary of State, the Secretary of Energy, and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on each line of effort to implement the policies described in subsection (a) and the budgets required to implement each such line of effort effectively.
added
Matters to be included— The report required by this subsection should include the following:
added
An assessment of nuclear, radiological, biological, and chemical terrorism and foreign state risks and other emerging risks facing the United States and its allies, including—
added
the status of foreign state, state-affiliated, and non-state actors efforts to acquire nuclear, radiological, biological, and chemical weapons and their intent to misuse weapons-related materials;
added
any actions by foreign state, state-affiliated, and non-state actors employing weapons of mass destruction;
added
an update on—
added
the risk of biological threats, including the proliferation of biological weapons, weapons components, and weapons-related materials, technology, and expertise to non-state actors;
added
the risk of accidental release of dangerous pathogens due to unsafe practices and facilities; and
added
the risk of uncontrolled naturally occurring disease outbreaks that may pose a threat to the United States or its Armed Forces or allies; and
added
the status of national efforts to meet obligations to provide effective security and accounting for nuclear weapons and for all weapons-useable nuclear materials in foreign states that possess such weapons and materials.
added
A strategy to reduce the risk of nuclear, radiological, biological, and chemical terrorism over the next five years, including—
added
ensuring, to the extent practicable—
added
the agents, precursors, and materials needed to develop or acquire weapons of mass destruction are placed beyond the reach of terrorist organizations and other malicious non-state actors;
added
the number of foreign states that possess weapons of mass destruction is declining; and
added
the global quantity of weapons of mass destruction and related materials is reduced;
added
identifying and responding to technological trends that may enable terrorist or state development, acquisition, or use of weapons of mass destruction;
added
a plan to prevent the proliferation of biological weapons, weapons components, and weapons-related materials, technology, and expertise, which shall include activities that facilitate detection and reporting of highly pathogenic diseases or other diseases that are associated with or that could be used as an early warning mechanism for disease outbreaks that could affect the United States or its Armed Forces or allies, regardless of whether such diseases are caused by biological weapons;
added
regional engagement to reduce nuclear, biological, and chemical risks;
added
engagement with foreign states, where possible, on security for nuclear weapons and weapons-useable nuclear and radioactive material, including protection against insider threats, strengthening of security culture, and support for security performance testing; and
added
a recommendation to establish a joint Department of Defense and Department of Energy program—
added
to assess the verification, security, and implementation requirements associated with potential future arms reduction or denuclearization accords,
added
identify gaps in existing and planned capabilities; and
added
provide recommendations for developing needed capabilities to fill those gaps.
added
Form— The report required by this subsection shall be submitted in unclassified form, but may contain a classified annex.
added
Sense of Congress on revitalizing international nuclear security programs— It is the sense of Congress that—
added
the United States Government should expand and revitalize its international nuclear security programs, as necessary;
added
such an expanded nuclear security effort should seek to be comprehensive and close, to the extent possible, any gaps that exist in United States nuclear security programs; and
added
the Secretary of State should seek to cooperate with as many foreign states with nuclear weapons, weapons-usable nuclear materials, or significant nuclear facilities as possible to—
added
ensure protection against the full spectrum of plausible threats, including support for evaluating nuclear security threats and measures to protect against such threats, exchanging unclassified threat information, holding workshops with experts from each country, and having teams review the adequacy of security against a range of threats;
added
establish comprehensive, multilayered protections against insider threats, including in-depth exchanges on good practices in insider threat protection, workshops, help with appropriate vulnerability assessments, and peer review by expert teams;
added
establish targeted programs to strengthen nuclear security culture;
added
institute effective, regular vulnerability assessments and performance testing through workshops, peer observation of such activities in the United States, training, and description of approaches that have been effective; and
added
consolidate nuclear weapons and weapons-usable nuclear materials to the minimum practical number of locations.
added
Assessment of weapons of mass destruction terrorism—
added
In general— The Secretary of Defense, in coordination with the Secretary of State and the Secretary of Energy, shall seek to enter into an arrangement with the National Academy of Sciences—
added
to conduct an assessment of strategies of the United States for preventing, countering, and responding to nuclear, biological, and chemical terrorism assess and make recommendations to improve such strategies; and
added
submit to the Secretary of Defense a report that contains such assessment and recommendations.
added
Matters to be included— The assessment and recommendations required by paragraph (1) shall address the adequacy of strategies described in such paragraph and identify technical, policy, and resource gaps with respect to—
added
identifying national and international nuclear, biological, and chemical risks and critical emerging threats;
added
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;
added
countering efforts by state-sponsored and non-state actors to carry out such attacks;
added
responding to nuclear, biological, and chemical terrorism incidents to attribute their origin and help manage their consequences;
added
budgets likely to be required to implement effectively such strategies; and
added
other important matters that are directly relevant to such strategies.
added
Report—
added
In general— The Secretary of Defense shall submit to the appropriate congressional committees a copy of the report received by the Secretary under paragraph (1)(B).
added
Form— The report required by this paragraph shall be submitted in unclassified form, but may contain a classified annex.
added
Funding—
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4301, for Operations and Maintenance, Defense-wide, Cooperative Threat Reduction, Line 10, is hereby increased by $1,000,000 to carry out this subsection.
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance as specified in the corresponding funding table in section 4301, for operation and maintenance, Air Force, admin & servicewide activities, servicewide communications, line 440, is hereby reduced by $1,000,000.
added
Report on cooperative threat reduction programs—
added
In general— Not later than 270 days after the date of the enactment of this Act, and annually thereafter at the same time that the President submits the budget to Congress under section 1105 of title 31, United States Code, the President shall submit to the appropriate congressional committees a report on—
added
the programs of each Federal agency that are intended to reduce threat of nuclear, radiological, biological, and chemical weapons to the United States or its Armed Forces or allies;
added
a description of the operations of such programs and how such programs advance the mission of reducing the threat of nuclear, radiological, biological, and chemical weapons to the United States or its Armed Forces or allies; and
added
recommendations on how to evaluate the success of such programs, how to identify opportunities for collaboration between such programs, how to eliminate crucial gaps not filled by such programs, and how to ensure that such programs are complementary to other programs across the United States Government.
added
Form— The report required by this paragraph shall be submitted in unclassified form, but may contain a classified annex.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the Committee on Foreign Affairs, Committee on Armed Services, and Permanent Select Committee on Intelligence of the House of Representatives; and
added
the Committee on Foreign Relations, Committee on Armed Services, and Select Committee on Intelligence of the Senate.
Sec. 1299K Certification relating to assistance for Guatemala
added
added
In general— Prior to the transfer of any equipment by the Department of Defense to a joint task force of the Guatemalan military or national civilian police 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.
added
Issuing regulations— Not later than 60 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 Defense, as appropriate, shall issue regulations requiring the inclusion of appropriate clauses for any new foreign assistance contracts, grants, and cooperative agreements covering the transfer of equipment to the Guatemalan military or national civilian police, to ensure that any equipment provided by the Department of Defense to the Guatemalan military or national civilian police may be recovered if such equipment is used for purposes other than those purposes for which it was provided.
added
Exceptions and waiver—
added
Exceptions— Subsection (b) shall not apply to humanitarian assistance, disaster assistance, or assistance to combat corruption.
added
Waiver— The Secretary of State or the Secretary of Defense, on a case by case basis, may waive the requirement under subsection (b) if the Secretary of State or the Secretary of Defense certifies to the appropriate congressional committees that such waiver is important to the national security interests of the United States.
added
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
added
the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives; and
added
the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate.
Sec. 1299L Report on foreign influence campaigns targeting United States Federal elections
added
added
In general— Not later than September 1, 2021, and biennially thereafter, the Director of National Intelligence, in consultation with the Secretary of Defense, the Secretary of State, and any other relevant Federal agency, shall submit to the appropriate congressional committees a report on foreign influence campaigns targeting United States Federal elections.
added
Matters To be included— The report required by subsection (a) shall include an analysis of the following:
added
The patterns, tools, and techniques of foreign influence campaigns across all platforms and the country of origin of such campaigns.
added
The extent of inauthentic accounts and “bot” networks across platforms, including the scale to which they exist, how platforms currently act to remove them, and what percentage have been removed over the last year.
added
The reach of intentional or weaponized disinformation by inauthentic accounts and “bot” networks, including analysis of amplification by users and algorithmic distribution.
added
The type of media that is being disseminated by the foreign influence campaign, including fabricated or falsified content and manipulated videos and photos, and the intended targeted groups.
added
The methods that have been used to mitigate engagement and remove content.
added
Briefing— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense should provide a briefing to congressional committees on the report required by subsection (a).
added
Appropriate congressional committees defined— In this section, the term “appropropriate congressional committees” means—
added
the congressional defense committees; and
added
the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.
Sec. 1299M–1 Short title
addedadded This subtitle may be cited as the “Global Child Thrive Act of 2020”.
Sec. 1299M–2 Sense of Congress
addedadded It is the sense of Congress that—
added
the United States Government should continue efforts to reduce child mortality rates and increase attention on prevention efforts and early childhood development programs;
added
investments in early childhood development ensure healthy and well-developed future generations that contribute to a country’s stability, security and economic prosperity;
added
efforts to provide training and education on nurturing care could result in improved early childhood development outcomes and support healthy brain development; and
added
integration and cross-sector coordination of early childhood development programs is critical to ensure the efficiency, effectiveness, and continued implementation of such programs.
Sec. 1299M–3 Assistance to improve early childhood outcomes globally
added
added
Authorization of assistance— Amounts authorized to be appropriated to carry out section 135 in chapter 1 of part 1 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) for each of the fiscal years 2021 through 2025 are authorized to be made available to support early childhood development activities in conjunction with relevant, existing programming, such as water, sanitation and hygiene, maternal and child health, basic education, nutrition and child protection.
added
Assistance To improve early childhood incomes globally— Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following:
added “137. Assistance to improve early childhood outcomes globally
added “(a) Definitions—In this section:
added “(1) Appropriate congressional committees—The term appropriate congressional committees means—
added “(A) the Committee on Appropriations of the Senate;
added “(B) the Committee on Foreign Relations of the Senate;
added “(C) the Committee on Appropriations of the House of Representatives; and
added “(D) the Committee on Foreign Affairs of the House of Representatives.
added “(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.
added “(3) Early childhood development program—The term early childhood development program means a program that ensures that every child has the conditions for healthy growth, nurturing family-based care, development and learning, and protection from violence, exploitation, abuse, and neglect, which may include—
added “(A) a health, clean water, sanitation, and hygiene program that serves pregnant women, children younger than 5 years of age, and the parents of such children;
added “(B) a nutrition program, combined with stimulating child development activity;
added “(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;
added “(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
added “(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.
added “(4) Federal departments and agencies—The term Federal departments and agencies means—
added “(A) the Department of State;
added “(B) the United States Agency for International Development;
added “(C) the Department of the Treasury;
added “(D) the Department of Labor;
added “(E) the Department of Education;
added “(F) the Department of Agriculture;
added “(G) the Department of Defense;
added “(H) the Department of Health and Human Services, including—
added “(i) the Centers for Disease Control and Prevention; and
added “(ii) the National Institutes of Health;
added “(I) the Millennium Challenge Corporation;
added “(J) the Peace Corps; and
added “(K) any other department or agency specified by the President for the purposes of this section.
added “(5) Residential care—The term residential care means care provided in any non-family-based group setting, including orphanages, transit or interim care centers, children’s homes, children’s villages or cottage complexes, group homes, and boarding schools used primarily for care purposes as an alternative to a children’s home.
added “(b) Statement of policy—It is the policy of the United States—
added “(1) to support early childhood development in relevant foreign assistance programs, including by integrating evidence-based, efficient, and effective interventions into relevant strategies and programs, in coordination with partner countries, other donors, international organizations, international financial institutions, local and international nongovernmental organizations, private sector partners, civil society, and faith-based and community-based organizations; and
added “(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—
added “(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;
added “(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
added “(C) utilizing and expanding innovative public-private financing mechanisms.
added “(c) Implementation
added “(1) In general—Not later than 1 year after the date of the enactment of this section, the Administrator of the United States Agency for International Development, in coordination with the Secretary of State, shall direct relevant Federal departments and agencies—
added “(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
added “(B) to promote inclusive early childhood development in partner countries.
added “(2) Elements—In carrying out paragraph (1), the Administrator, the Secretary, and the heads of other relevant Federal departments and agencies as appropriate shall—
added “(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”);
added “(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;
added “(C) support the design, implementation, and evaluation of pilot projects in partner countries, with the goal of taking such projects to scale;
added “(D) support inclusive early childhood development within all relevant sector strategies and public laws, including—
added “(i) the Global Water Strategy required under section 136(j);
added “(ii) the whole-of-government strategy required under section 5 of the Global Food Security Act of 2016 (22 U.S.C. 9304 note);
added “(iii) the Basic Education Strategy set forth in section 105(c);
added “(iv) the U.S. Government Global Nutrition Coordination Plan, 2016–2021; and
added “(v) APCCA; and others as appropriate;
added “(E) improve coordination with foreign governments and international and regional organizations with respect to official country policies and plans to improve early childhood development, maternal, newborn, and child health and nutrition care, basic education, water, sanitation and hygiene, and child protection plans which promote nurturing, appropriate, protective, and permanent family care, while reducing the percentage of children living in residential care or on the street; and
added “(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.
added “(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—
added “(1) the progress made toward integrating early childhood development interventions into relevant strategies and programs;
added “(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;
added “(3) the progress achieved during the reporting period toward meeting the goals, objectives, benchmarks, described in subsection (c); and
added “(4) the progress achieved during the reporting period toward meeting the goals, objectives, benchmarks, and timeframes described in subsection (c) at the program level, along with specific challenges or gaps that may require shifts in targeting or financing in the following fiscal year.
added “(e) Interagency task force—The Special Advisor for Assistance to Orphans and Vulnerable Children should regularly convene an interagency task force, to coordinate—
added “(1) intergovernmental and interagency monitoring, evaluation, and reporting of the activities carried out pursuant to this section;
added “(2) early childhood development initiatives that include children with a variety of needs and circumstances; and
added “(3) United States Government early childhood development programs, strategies, and partnerships across relevant Federal departments and agencies.”
Sec. 1299M–4 Special advisor for assistance to orphans and vulnerable children
addedadded Section 135(e)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2152f(e)(2)) is amended—
added
by amending subparagraph (A) to read as follows:
added “(A) Coordinate assistance to orphans and other vulnerable children among the relevant Executive branch agencies and officials.”
added
in subparagraph (B), by striking “the various offices, bureaus, and field missions within the United States Agency for International Development” and inserting “the relevant Executive branch agencies and officials”.
Sec. 1299M–5 Rule of construction
addedadded 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.
Sec. 1299N–1 Short title
addedadded This subtitle may be cited as the “Global Health Security Act of 2020”.
Sec. 1299N–2 Global Health Security Agenda Interagency Review Council
added
added
Establishment— The President shall establish a Global Health Security Agenda Interagency Review Council (in this section referred to as the “Council”) to perform the general responsibilities described in subsection (c) and the specific roles and responsibilities described in subsection (e).
added
Meetings— The Council shall meet not less than four times per year to advance its mission and fulfill its responsibilities.
added
General responsibilities— The Council shall be responsible for the following activities:
added
Provide policy-level recommendations to participating agencies on Global Health Security Agenda (GHSA) goals, objectives, and implementation.
added
Facilitate interagency, multi-sectoral engagement to carry out GHSA implementation.
added
Provide a forum for raising and working to resolve interagency disagreements concerning the GHSA.
added
added
Review the progress toward and work to resolve challenges in achieving United States commitments under the GHSA, including commitments to assist other countries in achieving the GHSA targets.
added
The Council shall consider, among other issues, the following:
added
The status of United States financial commitments to the GHSA in the context of commitments by other donors, and the contributions of partner countries to achieve the GHSA targets.
added
The progress toward the milestones outlined in GHSA national plans for those countries where the United States Government has committed to assist in implementing the GHSA and in annual work-plans outlining agency priorities for implementing the GHSA.
added
The external evaluations of United States and partner country capabilities to address infectious disease threats, including the ability to achieve the targets outlined within the WHO Joint External Evaluation (JEE) tool, as well as gaps identified by such external evaluations.
added
Participation— The Council shall consist of representatives, serving at the Assistant Secretary level or higher, from the following agencies:
added
The Department of State.
added
The Department of Defense.
added
The Department of Justice.
added
The Department of Agriculture.
added
The Department of Health and Human Services.
added
The Department of Labor.
added
The Department of Homeland Security.
added
The Office of Management and Budget.
added
The United States Agency for International Development.
added
The Environmental Protection Agency.
added
The Centers for Disease Control and Prevention.
added
The Office of Science and Technology Policy.
added
The National Institutes of Health.
added
The National Institute of Allergy and Infectious Diseases.
added
Such other agencies as the Council determines to be appropriate.
added
Specific roles and responsibilities—
added
In general— The heads of agencies described in subsection (d) shall—
added
make the GHSA and its implementation a high priority within their respective agencies, and include GHSA-related activities within their respective agencies’ strategic planning and budget processes;
added
designate a senior-level official to be responsible for the implementation of this subtitle;
added
designate, in accordance with subsection (d), an appropriate representative at the Assistant Secretary level or higher to participate on the Council;
added
keep the Council apprised of GHSA-related activities undertaken within their respective agencies;
added
maintain responsibility for agency-related programmatic functions in coordination with host governments, country teams, and GHSA in-country teams, and in conjunction with other relevant agencies;
added
coordinate with other agencies that are identified in this section to satisfy programmatic goals, and further facilitate coordination of country teams, implementers, and donors in host countries; and
added
coordinate across GHSA national plans and with GHSA partners to which the United States is providing assistance.
added
Additional roles and responsibilities— In addition to the roles and responsibilities described in paragraph (1), the heads of agencies described in subsection (d) shall carry out their respective roles and responsibilities described in subsections (b) through (i) of section 3 of Executive Order No. 13747 (81 Fed. Reg. 78701; relating to Advancing the Global Health Security Agenda to Achieve a World Safe and Secure from Infectious Disease Threats), as in effect on the day before the date of the enactment of this Act.
Sec. 1299N–3 United States Coordinator for Global Health Security
added
added
Sense of Congress— It is the sense of the Congress that, given the complex and multisectoral nature of global health threats to the United States, the President should consider appointing an individual with significant background and expertise in public health or emergency response management to the position of United States Coordinator for Global Health Security, as required by subsection (b), who is an employee of the National Security Council at the level of Deputy Assistant to the President or higher.
added
In general— The President shall appoint an individual to the position of United States Coordinator for Global Health Security, who shall be responsible for the coordination of the interagency process for responding to global health security emergencies. As appropriate, the designee shall coordinate with the President’s Special Coordinator for International Disaster Assistance.
added
Congressional briefing— Not less frequently than twice each year, the employee designated under this section shall provide to the appropriate congressional committees a briefing on the responsibilities and activities of the individual under this section.
Sec. 1299N–4 Strategy and reports
added
added
Sense of Congress— It is the sense of the Congress that, given the complex and multisectoral nature of global health threats to the United States, the President, in providing assistance to implement the strategy required under subsection (c), should—
added
coordinate, through a whole-of-government approach, the efforts of relevant Federal departments and agencies to implement the strategy;
added
seek to fully utilize the unique capabilities of each relevant Federal department and agency while collaborating with and leveraging the contributions of other key stakeholders; and
added
utilize open and streamlined solicitations to allow for the participation of a wide range of implementing partners through the most appropriate procurement mechanisms, which may include grants, contracts, cooperative agreements, and other instruments as necessary and appropriate.
added
Statement of policy— It is the policy of the United States to—
added
promote global health security as a core national security interest;
added
advance the aims of the Global Health Security Agenda;
added
collaborate with other countries to detect and mitigate outbreaks early to prevent the spread of disease;
added
encourage other countries to invest in basic resilient and sustainable health care systems; and
added
strengthen global health security across the intersection of human and animal health to prevent infectious disease outbreaks and combat the growing threat of antimicrobial resistance.
added
Strategy— The United States Coordinator for Global Health Security (appointed under section 1299N–3(b)) shall coordinate the development and implementation of a strategy to implement the policy aims described in subsection (b), which shall—
added
set specific and measurable goals, benchmarks, timetables, performance metrics, and monitoring and evaluation plans that reflect international best practices relating to transparency, accountability, and global health security;
added
support and be aligned with country-owned global health security policy and investment plans developed with input from key stakeholders, as appropriate;
added
facilitate communication and collaboration, as appropriate, among local stakeholders in support of a multi-sectoral approach to global health security;
added
support the long-term success of programs by building the capacity of local organizations and institutions in target countries and communities;
added
develop community resilience to infectious disease threats and emergencies;
added
leverage resources and expertise through partnerships with the private sector, health organizations, civil society, nongovernmental organizations, and health research and academic institutions; and
added
support collaboration, as appropriate, between United States universities, and public and private institutions in target countries and communities to promote health security and innovation.
added
Coordination— The President, acting through the United States Coordinator for Global Health Security, shall coordinate, through a whole-of-government approach, the efforts of relevant Federal departments and agencies in the implementation of the strategy required under subsection (c) by—
added
establishing monitoring and evaluation systems, coherence, and coordination across relevant Federal departments and agencies; and
added
establishing platforms for regular consultation and collaboration with key stakeholders and the appropriate congressional committees.
added
Strategy submission—
added
In general— Not later than 180 days after the date of the enactment of this Act, the President, in consultation with the head of each relevant Federal department and agency, shall submit to the appropriate congressional committees the strategy required under subsection (c) that provides a detailed description of how the United States intends to advance the policy set forth in subsection (b) and the agency-specific plans described in paragraph (2).
added
Agency-specific plans— The strategy required under subsection (c) shall include specific implementation plans from each relevant Federal department and agency that describes—
added
the anticipated contributions of the department or agency, including technical, financial, and in-kind contributions, to implement the strategy; and
added
the efforts of the department or agency to ensure that the activities and programs carried out pursuant to the strategy are designed to achieve maximum impact and long-term sustainability.
added
Report—
added
In general— Not later than 1 year after the date on which the strategy required under subsection (c) is submitted to the appropriate congressional committees under subsection (e), and not later than October 1 of each year thereafter, the President shall submit to the appropriate congressional committees a report that describes the status of the implementation of the strategy.
added
Contents— The report required under paragraph (1) shall—
added
identify any substantial changes made in the strategy during the preceding calendar year;
added
describe the progress made in implementing the strategy;
added
identify the indicators used to establish benchmarks and measure results over time, as well as the mechanisms for reporting such results in an open and transparent manner;
added
contain a transparent, open, and detailed accounting of expenditures by relevant Federal departments and agencies to implement the strategy, including, to the extent practicable, for each Federal department and agency, the statutory source of expenditures, amounts expended, partners, targeted populations, and types of activities supported;
added
describe how the strategy leverages other United States global health and development assistance programs;
added
assess efforts to coordinate United States global health security programs, activities, and initiatives with key stakeholders;
added
incorporate a plan for regularly reviewing and updating strategies, partnerships, and programs and sharing lessons learned with a wide range of stakeholders, including key stakeholders, in an open, transparent manner; and
added
describe the progress achieved and challenges concerning the United States Government’s ability to advance the Global Health Security Agenda across priority countries, including data disaggregated by priority country using indicators that are consistent on a year-to-year basis and recommendations to resolve, mitigate, or otherwise address the challenges identified therein.
added
Form— The strategy required under subsection (c) and the report required under subsection (f) shall be submitted in unclassified form but may contain a classified annex.
Sec. 1299N–5 Compliance with the Foreign Aid Transparency and Accountability Act of 2016
addedadded Section 2(3) of the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114–191; 22 U.S.C. 2394c note) is amended—
added
in subparagraph (C), by striking “and” at the end;
added
in subparagraph (D), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following:
added “(E) the Global Health Security Act of 2020.”
Sec. 1299N–6 Definitions
addedadded In this subtitle:
added
Appropriate congressional committees— The term appropriate congressional committees means—
added
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
added
the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
added
Global health security— The term global health security means activities supporting epidemic and pandemic preparedness and capabilities at the country and global levels in order to minimize vulnerability to acute public health events that can endanger the health of populations across geographical regions and international boundaries.
Sec. 1299N–7 Sunset
addedadded This subtitle, and the amendments made by this subtitle, (other than section 1299N–3) shall cease to be effective on December 31, 2024.
Sec. 1299O–1 Short title
addedadded This subtitle may be cited as the “Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act”.
Sec. 1299O–2 Assistance for United States nationals unlawfully or wrongfully detained abroad
added
added
Review— The Secretary of State shall review the cases of United States nationals detained abroad to determine if there is credible information that they are being detained unlawfully or wrongfully, based on criteria which may include whether—
added
United States officials receive or possess credible information indicating innocence of the detained individual;
added
the individual is being detained solely or substantially because he or she is a United States national;
added
the individual is being detained solely or substantially to influence United States Government policy or to secure economic or political concessions from the United States Government;
added
the detention appears to be because the individual sought to obtain, exercise, defend, or promote freedom of the press, freedom of religion, or the right to peacefully assemble;
added
the individual is being detained in violation of the laws of the detaining country;
added
independent nongovernmental organizations or journalists have raised legitimate questions about the innocence of the detained individual;
added
the United States mission in the country where the individual is being detained has received credible reports that the detention is a pretext for an illegitimate purpose;
added
the individual is detained in a country where the Department of State has determined in its annual human rights reports that the judicial system is not independent or impartial, is susceptible to corruption, or is incapable of rendering just verdicts;
added
the individual is being detained in inhumane conditions;
added
due process of law has been sufficiently impaired so as to render the detention arbitrary; and
added
United States diplomatic engagement is likely necessary to secure the release of the detained individual.
added
Referrals to the special envoy— Upon a determination by the Secretary of State, based on the totality of the circumstances, that there is credible information that the detention of a United States national abroad is unlawful or wrongful, and regardless of whether the detention is by a foreign government or a nongovernmental actor, the Secretary shall transfer responsibility for such case from the Bureau of Consular Affairs of the Department of State to the Special Envoy for Hostage Affairs created pursuant to section 1299O–3.
added
Report—
added
Annual report—
added
In general— The Secretary of State shall submit to the appropriate congressional committees an annual report with respect to United States nationals for whom the Secretary determines there is credible information of unlawful or wrongful detention abroad.
added
Form— The report required under this paragraph shall be submitted in unclassified form, but may include a classified annex if necessary.
added
Composition— The report required under paragraph (1) shall include current estimates of the number of individuals so detained, as well as relevant information about particular cases, such as—
added
the name of the individual, unless the provision of such information is inconsistent with section 552a of title 5, United States Code (commonly known as the “Privacy Act of 1974”);
added
basic facts about the case;
added
a summary of the information that such individual may be detained unlawfully or wrongfully;
added
a description of specific efforts, legal and diplomatic, taken on behalf of the individual since the last reporting period, including a description of accomplishments and setbacks; and
added
a description of intended next steps.
added
Resource guidance—
added
Establishment— Not later than 180 days after the date of the enactment of this Act and after consulting with relevant organizations that advocate on behalf of United States nationals detained abroad and the Family Engagement Coordinator established pursuant to section 1299O–4(c)(2), the Secretary of State shall provide resource guidance in writing for government officials and families of unjustly or wrongfully detained individuals.
added
Content— The resource guidance required under paragraph (1) should include—
added
information to help families understand United States policy concerning the release of United States nationals unlawfully or wrongfully held abroad;
added
contact information for officials in the Department of State or other government agencies suited to answer family questions;
added
relevant information about options available to help families obtain the release of unjustly or wrongfully detained individuals, such as guidance on how families may engage with United States diplomatic and consular channels to ensure prompt and regular access for the detained individual to legal counsel, family members, humane treatment, and other services;
added
guidance on submitting public or private letters from members of Congress or other individuals who may be influential in securing the release of an individual; and
added
appropriate points of contacts, such as legal resources and counseling services, who have a record of assisting victims’ families.
Sec. 1299O–3 Special Envoy for Hostage Affairs
added
added
Establishment— There is within the office of the Secretary of State a Special Presidential Envoy for Hostage Affairs.
added
Responsibilities— The Special Presidential Envoy for Hostage Affairs, under the supervision of the Secretary of State, shall—
added
lead diplomatic engagement on United States hostage policy;
added
coordinate all diplomatic engagements in support of hostage recovery efforts, in coordination with the Hostage Recovery Fusion Cell and consistent with policy guidance communicated through the Hostage Response Group;
added
coordinate with the Hostage Recovery Fusion Cell proposals for diplomatic engagements and strategy in support of hostage recovery efforts;
added
provide senior representation from the Special Envoy’s office to the Hostage Recovery Fusion Cell established under section 1299O–4 and the Hostage Response Group established under section 1299O–5; and
added
in coordination with the Hostage Recovery Fusion Cell as appropriate, coordinate diplomatic engagements regarding cases in which a foreign government confirms that it has detained a United States national but the United States Government regards such detention as unlawful or wrongful.
Sec. 1299O–4 Hostage Recovery Fusion Cell
added
added
Establishment— The President shall establish an interagency Hostage Recovery Fusion Cell.
added
Participation— The President shall direct the heads of each of the following executive departments, agencies, and offices to make available personnel to participate in the Hostage Recovery Fusion Cell:
added
The Department of State.
added
The Department of the Treasury.
added
The Department of Defense.
added
The Department of Justice.
added
The Office of the Director of National Intelligence.
added
The Federal Bureau of Investigation.
added
The Central Intelligence Agency.
added
Other agencies as the President, from time to time, may designate.
added
Personnel— The Hostage Recovery Fusion Cell shall include—
added
a Director, who shall be a full-time senior officer or employee of the United States Government;
added
a Family Engagement Coordinator who shall—
added
work to ensure that all interactions by executive branch officials with a hostage’s family occur in a coordinated fashion and that the family receives consistent and accurate information from the United States Government; and
added
if directed, perform the same function as set out in subparagraph (A) with regard to the family of a United States national who is unlawfully or wrongfully detained abroad; and
added
other officers and employees as deemed appropriate by the President.
added
Duties— The Hostage Recovery Fusion Cell shall—
added
coordinate efforts by participating agencies to ensure that all relevant information, expertise, and resources are brought to bear to secure the safe recovery of United States nationals held hostage abroad;
added
if directed, coordinate the United States Government's response to other hostage-takings occurring abroad in which the United States has a national interest;
added
if directed, coordinate or assist the United States Government’s response to help secure the release of United States nationals unlawfully or wrongfully detained abroad; and
added
pursuant to policy guidance coordinated through the National Security Council—
added
identify and recommend hostage recovery options and strategies to the President through the National Security Council or the Deputies Committee of the National Security Council;
added
coordinate efforts by participating agencies to ensure that information regarding hostage events, including potential recovery options and engagements with families and external actors (including foreign governments), is appropriately shared within the United States Government to facilitate a coordinated response to a hostage-taking;
added
assess and track all hostage-takings of United States nationals abroad and provide regular reports to the President and Congress on the status of such cases and any measures being taken toward the hostages' safe recovery;
added
provide a forum for intelligence sharing and, with the support of the Director of National Intelligence, coordinate the declassification of relevant information;
added
coordinate efforts by participating agencies to provide appropriate support and assistance to hostages and their families in a coordinated and consistent manner and to provide families with timely information regarding significant events in their cases;
added
make recommendations to agencies in order to reduce the likelihood of United States nationals’ being taken hostage abroad and enhance United States Government preparation to maximize the probability of a favorable outcome following a hostage-taking; and
added
coordinate with agencies regarding congressional, media, and other public inquiries pertaining to hostage events.
added
Administration— The Hostage Recovery Fusion Cell shall be located within the Federal Bureau of Investigation for administrative purposes.
Sec. 1299O–5 Hostage Response Group
added
added
Establishment— The President shall establish a Hostage Response Group, chaired by a designated member of the National Security Council or the Deputies Committee of the National Security Council, to be convened on a regular basis, to further the safe recovery of United States nationals held hostage abroad or unlawfully or wrongfully detained abroad, and to be tasked with coordinating the United States Government response to other hostage-takings occurring abroad in which the United States has a national interest.
added
Membership— The regular members of the Hostage Response Group shall include the Director of the Hostage Recovery Fusion Cell, the Hostage Recovery Fusion Cell’s Family Engagement Coordinator, the Special Envoy appointed pursuant to section 1299O–3, and representatives from the Department of the Treasury, the Department of Defense, the Department of Justice, the Federal Bureau of Investigation, the Office of the Director of National Intelligence, the Central Intelligence Agency, and other agencies as the President, from time to time, may designate.
added
Duties— The Hostage Recovery Group shall—
added
identify and recommend hostage recovery options and strategies to the President through the National Security Council;
added
coordinate the development and implementation of United States hostage recovery policies, strategies, and procedures;
added
receive regular updates from the Hostage Recovery Fusion Cell and the Special Envoy for Hostage Affairs on the status of United States nationals being held hostage or unlawfully or wrongfully detained abroad and measures being taken to effect safe recoveries;
added
coordinate the provision of policy guidance to the Hostage Recovery Fusion Cell, including reviewing recovery options proposed by the Hostage Recovery Fusion Cell and working to resolve disputes within the Hostage Recovery Fusion Cell;
added
as appropriate, direct the use of resources at the Hostage Recovery Fusion Cell to coordinate or assist in the safe recovery of United States nationals unlawfully or wrongfully detained abroad; and
added
as appropriate, direct the use of resources at the Hostage Recovery Fusion Cell to coordinate the United States Government response to other hostage-takings occurring abroad in which the United States has a national interest.
added
Meetings— The Hostage Response Group shall meet regularly.
added
Reporting— The Hostage Response Group shall regularly provide recommendations on hostage recovery options and strategies to the National Security Council.
Sec. 1299O–6 Authorization of imposition of sanctions
added
added
In general— The President may impose the sanctions described in subsection (b) with respect to any foreign person the President determines, based on credible evidence—
added
is responsible for or is complicit in, or responsible for ordering, controlling, or otherwise directing, the hostage-taking of a United States national abroad or the unlawful or wrongful detention of a United States national abroad; or
added
knowingly provides financial, material, or technological support for, or goods or services in support of, an activity described in paragraph (1).
added
Sanctions described— The sanctions described in this subsection are the following:
added
Ineligibility for visas, admission, or parole—
added
Visas, admission, or parole— An alien described in subsection (a) may be—
added
inadmissible to the United States;
added
ineligible to receive a visa or other documentation to enter the United States; and
added
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
added
Current visas revoked—
added
In general— An alien described in subsection (a) may be subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.
added
Immediate effect— A revocation under clause (i) may—
added
take effect immediately; and
added
cancel any other valid visa or entry documentation that is in the alien’s possession.
added
Blocking of property—
added
In general— The President may exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person described in subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
added
Inapplicability of national emergency requirement— The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of this section.
added
Exceptions—
added
Exception for intelligence activities— Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States.
added
Exception to comply with international obligations and for law enforcement activities— Sanctions under subsection (b)(1) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—
added
to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or
added
to carry out or assist law enforcement activity in the United States.
added
Penalties— A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(2) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
added
Termination of sanctions— The President may terminate the application of sanctions under this section with respect to a person if the President determines that—
added
information exists that the person did not engage in the activity for which sanctions were imposed;
added
the person has been prosecuted appropriately for the activity for which sanctions were imposed;
added
the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future; or
added
the termination of the sanctions is in the national security interests of the United States.
added
Reporting requirement— If the President terminates sanctions pursuant to subsection (d), the President shall report to the appropriate congressional committees a written justification for such termination within 15 days.
added
Implementation of regulatory authority— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
added
Exception relating to importation of goods—
added
In general— The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
added
Good defined— In this subsection, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
added
Definitions— In this section:
added
Foreign person— The term foreign person means—
added
any citizen or national of a foreign country (including any such individual who is also a citizen or national of the United States); or
added
any entity not organized solely under the laws of the United States or existing solely in the United States.
added
United States person— The term United States person means—
added
an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States;
added
an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or
added
any person in the United States.
Sec. 1299O–7 Definitions
addedadded In this subtitle:
added
Appropriate congressional committees— The term appropriate congressional committees means—
added
the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, the Committee on Armed Services, and the Select Committee on Intelligence of the United States Senate; and
added
the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, the Committee on the Judiciary, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
added
United States national— The term United States national means—
added
a United States national as defined in section 101(a)(22) or section 308 of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22), 8 U.S.C. 1408); and
added
a lawful permanent resident alien with significant ties to the United States.
Sec. 1299O–8 Rule of construction
addedadded Nothing in this subtitle may be construed to authorize a private right of action.
Sec. 1299P–1 Actions to advance prosperity in the Northern Triangle
added
added
Secretary of state prioritization— The Secretary of State shall prioritize prosperity in the Northern Triangle countries by carrying out the following initiatives:
added
Supporting market-based solutions to eliminate constraints to inclusive economic growth, including through support for increased digital connectivity and the use of financial technology, and private sector and civil society-led efforts to create jobs and foster economic prosperity.
added
Addressing underlying causes of poverty and inequality, including by improving nutrition and food security, providing health resources and access to clean water, sanitation, hygiene, and shelter, and improving livelihoods.
added
Responding to immediate humanitarian needs by increasing humanitarian assistance, including through access to clean water, sanitation, hygiene, and shelter, improving livelihoods, and by providing health resources and improving nutrition and food security.
added
Supporting conservation and community resilience and strengthening community preparedness for natural disasters and other external shocks.
added
Identifying, as appropriate, a role for the United States International Development Finance Corporation, the Millennium Challenge Corporation (MCC), the United States Agency for International Development, and the United States private sector in supporting efforts to increase private sector investment and strengthen economic prosperity.
added
Expanding comprehensive reintegration mechanisms for repatriated individuals once returned to their countries of origin and supporting efforts by the private sector to hire and train eligible returnees.
added
Establishing monitoring and verification services to determine the well-being of repatriated children in order to determine if United States protection and screening functioned effectively in identifying persecuted and trafficked children.
added
Supporting efforts to increase domestic resource mobilization, including through strengthening of tax collection and enforcement and legal arbitration mechanisms.
added
Strategy—
added
Elements— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, the President and Chief Executive Officer of the Inter-American Foundation, the Director of the United States Trade and Development Agency, the Chief Executive Officer of the United States International Development Finance Corporation, and the heads of other relevant Federal agencies, shall submit to the appropriate congressional committees a 5-year strategy to prioritize prosperity in the Northern Triangle countries by carrying out the initiatives described in subsection (a).
added
Consultation— In developing the strategy required under paragraph (1), the Secretary of State shall consult with nongovernmental organizations in the Northern Triangle countries and the United States.
added
Benchmarks— The strategy required under paragraph (1) shall include annual benchmarks to track the strategy’s progress in curbing irregular migration from the Northern Triangle to the United States.
added
Public diplomacy— The strategy required under paragraph (1) shall include a public diplomacy strategy for educating citizens of the Northern Triangle countries about United States assistance and its benefits to them, and informing such citizens of the dangers of illegal migration to the United States.
added
Annual progress updates— Not later than 1 year after the submission of the strategy required under paragraph (1) and annually thereafter for 4 years, the Secretary of State shall provide the appropriate congressional committees with a written description of progress made in meeting the benchmarks established in the strategy.
added
Public availability— The strategy required under paragraph (1) shall be made publicly available on the website of the Department of State.
added
Report on establishing an investment fund for the northern triangle countries and southern mexico— Not later than 180 days after the date of the enactment of this Act, the Chief Executive Officer of the United States International Development Finance Corporation shall submit to the appropriate congressional committees a detailed report assessing the feasibility, costs, and benefits of the Corporation establishing an investment fund to promote economic and social development in the Northern Triangle countries and southern Mexico.
Sec. 1299P–2 Actions to combat corruption in the Northern Triangle
added
added
Secretary of state prioritization— The Secretary of State shall prioritize efforts to combat corruption in the Northern Triangle countries by carrying out the following initiatives:
added
Supporting anticorruption efforts, including by strengthening national justice systems and attorneys general, providing technical assistance to identify and prosecute money laundering and other financial crimes, breaking up financial holdings of organized criminal syndicates, including illegally acquired lands and proceeds from illegal activities, and supporting independent media and investigative reporting.
added
Supporting anticorruption efforts through bilateral assistance and complementary support through multilateral anticorruption mechanisms when necessary.
added
Encouraging cooperation agreements between the Department of State and relevant United States Government agencies and attorneys general to fight corruption.
added
Supporting efforts to strengthen special prosecutorial offices and financial institutions to combat corruption, money laundering, financial crimes, extortion, human rights crimes, asset forfeiture, and criminal analysis.
added
Supporting initiatives to advance judicial integrity and improve security for members of the judicial sector.
added
Supporting transparent, merit-based selection processes for prosecutors and judges and the development of professional and merit-based civil services.
added
Supporting the establishment or strengthening of methods, procedures, and expectations for internal and external control mechanisms for the security and police services and judiciary.
added
Supporting the adoption of appropriate technologies to combat corruption in public finance.
added
Strategy—
added
Elements— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal agencies, shall submit to the appropriate congressional committees a 5-year strategy to combat corruption in the Northern Triangle countries by carrying out the initiatives described in subsection (a).
added
Consultation— In developing the strategy required under paragraph (1), the Secretary of State shall consult with nongovernmental organizations in the Northern Triangle countries and the United States.
added
Benchmarks— The strategy required under paragraph (1) shall include annual benchmarks to track the strategy’s progress in curbing irregular migration from the Northern Triangle to the United States.
added
Public diplomacy— The strategy required under paragraph (1) shall include a public diplomacy strategy for educating citizens of the Northern Triangle countries about United States assistance and its benefits to them, and informing such citizens of the dangers of illegal migration to the United States.
added
Annual progress updates— Not later than 1 year after the submission of the strategy required under paragraph (1) and annually thereafter for 4 years, the Secretary of State shall provide the appropriate congressional committees with a written description of progress made in meeting the benchmarks established in the strategy.
added
Public availability— The strategy required under paragraph (1) shall be made publicly available on the website of the Department of State.
added
Designation of a senior rule of law advisor for the northern triangle in the bureau of western hemisphere affairs— The Secretary of State shall designate in the Bureau of Western Hemisphere Affairs of the Department of State a Senior Rule of Law Advisor for the Northern Triangle who shall lead diplomatic engagement with the Northern Triangle countries in support of democratic governance, anticorruption efforts, and the rule of law in all aspects of United States policy towards the countries of the Northern Triangle, including carrying out the initiatives described in subsection (a) and developing the strategy required under subsection (b). The individual designated in accordance with this subsection shall be a Department of State employee in the Bureau of Western Hemisphere Affairs.
Sec. 1299P–3 Actions to strengthen democratic institutions in the Northern Triangle
added
added
Secretary of state prioritization— The Secretary of State shall prioritize strengthening democratic institutions, good governance, human rights, and the rule of law in the Northern Triangle countries by carrying out the following initiatives:
added
Providing support to strengthen government institutions and actors at the local and national levels to provide services and respond to citizen needs through transparent, inclusive, and democratic processes.
added
Supporting efforts to strengthen access to information laws and reform laws that currently limit access to information.
added
Financing efforts to build the capacity of independent media with a specific focus on professional investigative journalism.
added
Ensuring that threats and attacks on journalists and human rights defenders are fully investigated and perpetrators are held accountable.
added
Developing the capacity of civil society to conduct oversight and accountability mechanisms at the national and local levels.
added
Training political actors committed to democratic principles.
added
Strengthening electoral institutions and processes to ensure free, fair, and transparent elections.
added
Advancing conservation principles and the rule of law to address multiple factors, including the impacts of illegal cattle ranching and smuggling as drivers of deforestation.
added
Strategy—
added
Elements— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal agencies, shall submit to the appropriate congressional committees a strategy to support democratic governance in the Northern Triangle countries by carrying out the initiatives described in subsection (a).
added
Consultation— In developing the strategy required under paragraph (1), the Secretary of State shall consult with nongovernmental organizations in the Northern Triangle countries and the United States.
added
Benchmarks— The strategy required under paragraph (1) shall include annual benchmarks to track the strategy’s progress in curbing irregular migration from the Northern Triangle to the United States.
added
Public diplomacy— The strategy required under paragraph (1) shall include a public diplomacy strategy for educating citizens of the Northern Triangle countries about United States assistance and its benefits to them, and informing such citizens of the dangers of illegal migration to the United States.
added
Annual progress updates— Not later than 1 year after the submission of the strategy required under paragraph (1) and annually thereafter for 4 years, the Secretary of State shall provide the appropriate congressional committees with a written description of progress made in meeting the benchmarks established in the strategy.
added
Public availability— The strategy required under paragraph (1) shall be made publicly available on the website of the Department of State.
Sec. 1299P–4 Actions to improve security conditions in the Northern Triangle
added
added
Secretary of state prioritization— The Secretary of State shall prioritize security in the Northern Triangle countries by carrying out the following initiatives:
added
Implementing the Central America Regional Security Initiative of the Department of State.
added
Continuing the vetting and professionalization of security services, including the civilian police and military units.
added
Supporting efforts to combat the illicit activities of criminal gangs and transnational criminal organizations, including MS–13 and the 18th Street Gang, through support to fully vetted elements of attorneys general offices, appropriate government institutions, and security services.
added
Supporting training for fully vetted civilian police and appropriate security services in criminal investigations, best practices for citizen security, and human rights.
added
Providing capacity-building to relevant security services and attorneys general to support counternarcotics efforts and combat human trafficking, forcible recruitment of children and youth by gangs, gender-based violence, and other illicit activities, including trafficking of wildlife, and natural resources.
added
Encouraging collaboration with regional and international partners in implementing security assistance, including by supporting cross-border information sharing on gangs and transnational criminal organizations.
added
Providing equipment, technology, tools, and training to security services to assist in border and port inspections.
added
Providing equipment, technology, tools, and training to assist security services in counternarcotics and other efforts to combat illicit activities.
added
Continuing information sharing regarding known or suspected terrorists and other individuals and entities that pose a potential threat to United States national security that are crossing through or residing in the Northern Triangle.
added
Supporting information sharing on gangs and transnational criminal organizations between relevant Federal, State, and local law enforcement and the governments of the Northern Triangle countries.
added
Considering the use of assets and resources of United States State and local government entities, as appropriate, to support the activities described in this subsection.
added
Providing thorough end-use monitoring of equipment, technology, tools, and training provided pursuant to this subsection.
added
Strategy—
added
Elements— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the heads of other relevant Federal agencies, shall submit to the appropriate congressional committees a 5-year strategy to prioritize the improvement of security in the Northern Triangle countries by carrying out the initiatives described in subsection (a).
added
Consultation— In developing the strategy required under paragraph (1), the Secretary of State shall consult with nongovernmental organizations in the Northern Triangle countries and the United States.
added
Benchmarks— The strategy required under paragraph (1) shall include annual benchmarks to track the strategy’s progress in curbing irregular migration from the Northern Triangle to the United States.
added
Public diplomacy— The strategy required under paragraph (1) shall include a public diplomacy strategy for educating citizens of the Northern Triangle countries about United States assistance and its benefits to them, and informing such citizens of the dangers of illegal migration to the United States.
added
Annual progress updates— Not later than 1 year after the submission of the strategy required under paragraph (1) and annually thereafter for 4 years, the Secretary of State shall provide the appropriate congressional committees with a written description of progress made in meeting the benchmarks established in the strategy.
added
Public availability— The strategy required under paragraph (1) shall be made publicly available on the website of the Department of State.
added
Women and children protection compacts—
added
In general— The President, in consultation with the Secretary of State, the Administrator of the United States Agency for International Development, and the heads of other relevant Federal departments or agencies, is authorized to enter into bilateral agreements with one or more of the Governments of El Salvador, Guatemala, or Honduras to provide United States assistance for the purposes of—
added
strengthening the capacity of the justice systems in such countries to protect women and children fleeing domestic, gang, or drug violence and to serve victims of domestic violence, sexual assault, trafficking, or child abuse or neglect, including by strengthening the capacity of such systems to hold perpetrators accountable; and
added
creating, securing, and sustaining safe communities and schools in such countries, by building on current approaches to prevent and deter violence against women and children in such communities or schools.
added
Requirements— An agreement under the authority provided by paragraph (1)—
added
shall establish a 3- to 6-year plan to achieve the objectives described in subparagraphs (A) and (B) of such paragraph;
added
shall include measurable goals and indicators with respect to such objectives;
added
may not provide for any United States assistance to be made available directly to any of the governments of El Salvador, Guatemala, or Honduras; and
added
may be suspended or terminated with respect to a country or an entity receiving assistance pursuant to the agreement, if the Secretary of State determines that such country or entity has failed to make sufficient progress towards the goals of the Compact.
Sec. 1299P–5 Targeted sanctions to fight corruption in the Northern Triangle
added
added
Sense of congress— It is the sense of Congress that—
added
corruption in the Northern Triangle countries by private citizens and select officials in local, regional, and Federal governments significantly damages the economies of such countries and deprives citizens of opportunities;
added
corruption in the Northern Triangle is facilitated and carried out not only by private citizens and select officials from those countries but also in many instances by individuals from third countries; and
added
imposing targeted sanctions on individuals from throughout the world and particularly in the Western Hemisphere who are engaged in acts of significant corruption that impact the Northern Triangle countries or obstruction of investigations into such acts of corruption will benefit the citizens and governments of such countries.
added
Imposition of sanctions— The President shall impose the sanctions described in subsection (c) with respect to a foreign person who the President determines on or after the date of the enactment of this Act to have knowingly engaged in significant corruption or obstruction of investigations into such acts of corruption in a Northern Triangle country, including the following:
added
Corruption related to government contracts.
added
Bribery and extortion.
added
The facilitation or transfer of the proceeds of corruption, including through money laundering.
added
Acts of violence, harassment, or intimidation directed at governmental and non-governmental corruption investigators.
added
Sanctions described—
added
In general— The sanctions described in this subsection are the following:
added
Asset blocking— The blocking, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of a foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
added
Ineligibility for visas and admission to the united states— In the case of a foreign person who is an individual, such foreign person is—
added
inadmissible to the United States;
added
ineligible to receive a visa or other documentation to enter the United States; and
added
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
added
Current visas revoked—
added
In general— The issuing consular officer or the Secretary of State, (or a designee of the Secretary of State) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to a foreign person regardless of when the visa or other entry documentation is issued.
added
Effect of revocation— A revocation under clause (i) shall—
added
take effect immediately; and
added
automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession.
added
Penalties— A person that violates, attempts to violate, conspires to violate, or causes a violation of a measure imposed pursuant to paragraph (1)(A) or any regulation, license, or order issued to carry out such paragraph shall be subject to the penalties specified in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of such section.
added
Exception to comply with international obligations— Sanctions under subparagraph (B) and (C) of paragraph (1) shall not apply with respect to a foreign person if admitting or paroling such person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
added
Implementation; regulatory authority—
added
Implementation— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
added
Regulatory authority— The President shall issue such regulations, licenses, and orders as are necessary to carry out this section.
added
National interest waiver— The President may waive the application of the sanctions under subsection (c) if the President—
added
determines that such a waiver is in the national interest of the United States; and
added
submits to the appropriate congressional committees a notice of and justification for the waiver.
added
Termination— The authority to impose sanctions under subsection (b), and any sanctions imposed pursuant to such authority, shall expire on the date that is 3 years after the date of the enactment of this Act.
added
Exception relating to importation of goods— The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods.
added
Definitions— In this section:
added
Appropriate congressional committees— The term “appropriate congressional committees” means—
added
the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives; and
added
the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
added
Good— The term “good” means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
added
Person from a northern triangle country— The term “person from a Northern Triangle country” means—
added
a citizen of a Northern Triangle country; or
added
an entity organized under the laws of a Northern Triangle country or any jurisdiction within a Northern Triangle country.
Sec. 1299P–6 Definitions
addedadded In this subtitle:
added
Appropriate congressional committees— Except as otherwise provided, the term “appropriate congressional committees” means—
added
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
added
the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
added
Northern triangle— The term “Northern Triangle” means the region of Central America that encompasses the countries of El Salvador, Guatemala, and Honduras.
added
Northern triangle countries— The term “Northern Triangle countries” means the countries of El Salvador, Guatemala, and Honduras.
added
Transnational criminal organization— The term “transnational criminal organization” has the meaning given the term “significant transnational criminal organization” in Executive Order No. 13581 (July 24, 2011).
Sec. 1299Q–1 Foreign military loan authority
added
added
In general— Beginning in fiscal year 2021, subject to the notification requirements under subsection (b) and to the availability of appropriations, the President, acting through the Secretary of State, is authorized—
added
to make direct loans under section 23 of the Arms Export Control Act (22 U.S.C. 2763) to NATO member countries that joined the alliance after March 1, 1999, notwithstanding the minimum interest rate required by subsection (c)(1) of such section; and
added
to charge fees for such loans under paragraph (1), which shall be collected from borrowers in accordance with section 502(7) of the Congressional Budget Act of 1974 and which may be used to cover the costs of such loans as defined in section 502 of the Congressional Budget Act of 1974.
added
Notification— A loan may not be made under the authority provided by subsection (a) unless the Secretary of State submits to the appropriate congressional committees a certification, not fewer than 15 days before entering into an agreement to make such loan, that—
added
the recipient country is making demonstrable progress toward meeting its defense spending commitments in accordance with the 2014 NATO Wales Summit Declaration; and
added
the government of such recipient country is respecting that country’s constitution and upholds democratic values such as freedom of religion, freedom of speech, freedom of the press, the rule of law, and the rights of religious minorities.
added
Repayment— A loan made under the authority provided by subsection (a) shall be repaid in not more than 12 years, but may include a grace period of up to 1 year on the repayment of the principal.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
added
the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
Sec. 1299Q–2 Authorization of rewards for providing information on foreign election interference
addedadded Section 36 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended—
added
in subsection (a)(2), by inserting “foreign election interference,” before “transnational organized crime”;
added
in subsection (b)—
added
in paragraph (5), by striking “or (10)” and inserting “(10), or (13)”;
added
in paragraph (11), by striking “or” after the semicolon at the end;
added
in paragraph (12)—
added
by striking “sections” and inserting “section”;
added
by striking “or (b)(1)” and inserting “or 2914(b)(1)”; and
added
by striking the period at the end and inserting “; or”; and
added
by adding at the end the following new paragraph:
added “(13) the identification or location of a foreign person that knowingly engaged or is engaging in foreign election interference.”
added
in subsection (k)—
added
by redesignating paragraphs (3) through (8) as paragraphs (5) through (10), respectively;
added
by inserting after paragraph (2) the following new paragraphs:
added “(3) Foreign person—The term “foreign person” means—
added “(A) an individual who is not a United States person; or
added “(B) a foreign entity.
added “(4) Foreign election interference—The term “foreign election interference” means conduct by a foreign person that—
added “(A)
added “(i) violates Federal criminal, voting rights, or campaign finance law; or
added “(ii) is performed by any person acting as an agent of or on behalf of a foreign government or criminal enterprise; and
added “(B) includes any covert, fraudulent, deceptive, or unlawful act or attempted act, or knowing use of information acquired by theft, undertaken with the purpose or effect of undermining public confidence in election processes or institutions, or influencing, undermining confidence in, or altering the result or reported result of, a general or primary Federal, State, or local election or caucus, including—
added “(i) the campaign of a candidate; or
added “(ii) a ballot measure, including an amendment, a bond issue, an initiative, a recall, a referral, or a referendum.”
added
in paragraph (10), as so redesignated, in subparagraph (A), by striking “and” after the semicolon and inserting “or”.
Sec. 1299Q–3 Report on NATO member contributions
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, the Secretary of Defense, and the Director of National Intelligence, shall submit to the appropriate congressional committees a report, in classified form but with an unclassified annex, that provides an accounting in United States dollars and assesses the contributions of NATO member countries to the security of the alliance.
added
Matters To be included— The report required by subsection (a) shall also include the following with respect to each member country:
added
Data for the following categories from 2014 through 2019:
added
Defense spending as a percentage of gross domestic product (GDP).
added
Year-to-year percent change in defense spending as a percentage of GDP.
added
Percentage of defense spending spent on major equipment.
added
Year-to-year percent change in equipment spending as a percentage of defense spending.
added
Total security assistance or equivalent assistance to other NATO member countries or members of the NATO Partnership for Peace program.
added
Total economic and development assistance or equivalent assistance to critical NATO partners, such as Ukraine, Georgia, Bosnia and Herzegovina, Kosovo, Moldova, and others.
added
Participation in or contributions to United States or NATO-led missions, exercises, and combat and non-combat operations since March 24, 1999, such as the following:
added
NATO’s Enhanced Forward Presence.
added
Global Coalition Against ISIS.
added
NATO’s Very High Readiness Joint Task Force.
added
Operations in Afghanistan.
added
Efforts to improve domestic conditions to facilitate military mobility in Europe, including relevant infrastructure and legal and regulatory conditions.
added
Financial costs and benefits of the host countries of United States forces in Europe, including permanent basing.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
added
the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
Sec. 1299Q–4 Report on capability and capacity requirements of military forces of Ukraine and resource plan for security assistance
added
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit a report to the appropriate committees of Congress on the capability and capacity requirements of the military forces of the Government of Ukraine, which shall include the following:
added
An identification of the capability gaps and capacity shortfalls of the military of Ukraine, including—
added
an assessment of the requirements of the Ukrainian navy to accomplish its assigned missions; and
added
an assessment of the requirements of the Ukrainian air force to accomplish its assigned missions.
added
An assessment of the relative priority assigned by the Government of Ukraine to addressing such capability gaps and capacity shortfalls.
added
An assessment of the capability gaps and capacity shortfalls that—
added
could be addressed in a sufficient and timely manner by unilateral efforts of the Government of Ukraine; or
added
are unlikely to be addressed in a sufficient and timely manner solely through unilateral efforts.
added
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—
added
the Ukraine Security Assistance Initiative of the Department of Defense;
added
Department of Defense security assistance authorized by section 333 of title 10, United States Code;
added
the Foreign Military Financing and Foreign Military Sales programs of the Department of State; or
added
the provision of excess defense articles pursuant to the requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.).
added
An assessment of the human resource requirements of the Office of Defense Cooperation at the United States Embassy in Kyiv and any gaps in its capacity to transmit and facilitate security assistance to Ukraine.
added
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.
added
Resource plan— Not later than February 15, 2022, the Secretary of State and Secretary of Defense shall jointly submit a report on resourcing United States security assistance with respect to Ukraine, which shall include the following:
added
A plan to resource the following initiatives and programs with respect to Ukraine in fiscal year 2023 and the four succeeding fiscal years to meet the most critical capability gaps and capacity shortfalls of the military forces of Ukraine:
added
The Ukraine Security Assistance Initiative of the Department of Defense.
added
Department of Defense security assistance authorized by section 333 of title 10, United States Code.
added
The Foreign Military Financing and Foreign Military Sales programs of the Department of State.
added
The provision of excess defense articles pursuant to the requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.).
added
With respect to the Ukrainian navy:
added
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).
added
A plan for United States cooperation with third countries and international organizations that have the resources and ability to provide immediate assistance to the Ukrainian navy, while maintaining interoperability with United States platforms to the greatest extent feasible.
added
A plan to prioritize Excess Defense Articles for the Ukrainian navy to the maximum extent practicable during the time period described in paragraph (1).
added
An assessment of how United States security assistance to the Ukrainian navy is in the national security interests of the United States.
added
With respect to the Ukrainian air force—
added
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);
added
a plan for United States cooperation with third countries and international organizations that have the resources and ability to provide immediate assistance to the Ukrainian air force, while maintaining interoperability with United States platforms to the greatest extent feasible;
added
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);
added
an assessment of how United States security assistance to the Ukrainian air force is in the national security interests of the United States.
added
An assessment of progress on defense institutional reforms in Ukraine, including in the Ukrainian navy and air force, in the time period described in paragraph (1) that will be essential for—
added
enabling effective use and sustainment of capabilities developed under security assistance authorities described in this section;
added
enhancing the defense of Ukraine’s sovereignty and territorial integrity;
added
achieving the Government of Ukraine’s stated goal of meeting NATO standards; and
added
allowing Ukraine to achieve its full potential as a strategic partner of the United States.
added
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.
added
Appropriate committees of Congress defined— In this section, the term “appropriate committees of Congress” means—
added
the Armed Services Committees of the Senate and House of Representatives;
added
the Foreign Relations Committee of the Senate and the Foreign Affairs Committee of the House of Representatives; and
added
the Appropriations Committees of the Senate and House of Representatives.
Sec. 1299Q–5 Efforts to counter malign authoritarian influence
added
added
Sense of Congress on the relationship between Russia and Serbia— It is the sense of Congress that—
added
the Government of Russia seeks to undermine the security of the United States, its NATO allies, and other close partners in Europe;
added
the Government of Russia seeks to undermine the legitimate interests of the United States, NATO, the European Union, and other allied and partner governments in strategically significant regions;
added
the values of the Government of Russia are inconsistent with the values of freedom, democracy, free speech, free press, the respect for the rule of law, and other ideals that underpin the international rules-based order formed on the basis of Western institutions including NATO and the European Union;
added
the Government of Russia continues its campaign to undermine and erode the values of NATO and the European Union, institutions that Serbia claims to strive to join;
added
the Government of Serbia, particularly under the leadership of President Alexander Vucic, has acted in ways that do not comport with the values of the United States, NATO, the European Union, and member countries of each such organization;
added
the Government of Serbia, particularly under the leadership of President Alexander Vucic, has continued to deepen its military ties and cooperation with the Government of Russia;
added
the United States Government should, in its bilateral engagements with the Government of Serbia, stress the importance of Serbia reducing its military ties with Russia; and
added
the Government of Serbia should be sanctioned under appropriate authorities of the Countering America’s Adversaries Through Sanctions Act of 2017 if its deepened military ties have facilitated transactions between the Government of Serbia and the Government of Russia that are deemed “significant” for purposes of such Act.
added
Report on malign Russian and Chinese influence in Serbia— Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees an unclassified report, which may contain a classified annex, assessing trends of malign influence from the governments of Russia and China in Serbia including with respect to the following:
added
Corruption of political institutions and political leaders in Serbia by Russia or China.
added
The use of propaganda, disinformation, and other information tools to promote stronger ties between Serbia and Russia or China or to discourage Serbia from advancing toward greater integration with Western institutions like the European Union.
added
The use of foreign assistance and associated media messaging to influence public opinion in Serbia with respect to Russia or China.
added
The deepening of military-to-military cooperation or cooperation in other national security and law enforcement sectors between Serbia and Russia or China.
added
The expansion of economic ties between Serbia and Russia or China, especially in the energy, mining, and industrial sectors.
added
The use of religious or ethnic ties to deepen relations between Serbia and Russia.
added
Report on potential CAATSA violations— Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees an unclassified report, which may contain a classified annex, that lists each country that has taken delivery of military equipment manufactured in Russia since the enactment of the Countering America’s Adversaries Through Sanctions Act of 2017, and determines whether any transactions described in the report constitute a significant transaction as described in such Act, including countries that have—
added
purchased of Russian equipment from the Government of Russia;
added
obtained Russian equipment provided by the Government of Russia as aid, assistance, or for related purposes; or
added
obtained Russian equipment provided by the Government of Russia as a gift.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
added
the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
Sec. 1299R–1 Short title
addedadded This subtitle may be cited as the “Sudan Democratic Transition, Accountability, and Fiscal Transparency Act of 2020”.
Sec. 1299R–2 Definitions
addedadded Except as otherwise provided, in this subtitle:
added
Appropriate congressional committees— The term appropriate congressional committees means—
added
the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
added
the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
added
International financial institutions— The term international financial institutions means—
added
the International Monetary Fund;
added
the International Bank for Reconstruction and Development;
added
the International Development Association;
added
the International Finance Corporation;
added
the Inter-American Development Bank;
added
the Asian Development Bank;
added
the Inter-American Investment Corporation;
added
the African Development Bank;
added
the European Bank for Reconstruction and Development;
added
the Multilateral Investment Guaranty Agency; and
added
any multilateral financial institution, established after the date of enactment of this Act, that could provide financial assistance to the Government of Sudan.
added
Sovereignty council— The term Sovereignty Council means the governing body of Sudan during the transitional period that consists of—
added
five civilians selected by the Forces of Freedom and Change;
added
five members selected by the Transitional Military Council; and
added
one member selected by agreement between the Forces of Freedom and Change and the Transitional Military Council.
added
Sudanese security and intelligence services— The term Sudanese security and intelligence services means—
added
the Sudan Armed Forces;
added
the Rapid Support Forces,
added
Sudan’s Popular Defense Forces and other paramilitary units;
added
Sudan’s police forces;
added
the General Intelligence Service, previously known as the National Intelligence and Security Services; and
added
related entities, such as Sudan’s Military Industry Corporation.
added
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—
added
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
added
the members of the Sovereignty Council described in paragraph (3)(A) select a chair of the Council for the remaining 18 months of the period.
Sec. 1299R–3 Statement of policy
addedadded It is the policy of the United States to—
added
support a civilian-led political transition in Sudan that results in a democratic government, that is accountable to its people, respects and promotes human rights, is at peace internally and with its neighbors, and can be a partner for regional stability;
added
support the implementation of Sudan’s constitutional charter for the transitional period; and
added
pursue a strategy of calibrated engagement with Sudan that includes—
added
facilitating an environment for free, fair, and credible democratic elections and a pluralistic and representative political system;
added
supporting reforms that improve transparency and accountability, remove restrictions on civil and political liberties, and strengthen the protection of human rights, including religious freedom;
added
strengthening civilian institutions, judicial independence, and the rule of law;
added
empowering civil society and independent media;
added
promoting national reconciliation and enabling a just, comprehensive, and sustainable peace;
added
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;
added
promoting accountability for genocide, war crimes, crimes against humanity, and sexual and gender-based violence;
added
encouraging the development of civilian oversight over and professionalization of the Sudanese security and intelligence services and strengthening accountability for human rights violations and abuses, corruption, or other abuses of power;
added
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;
added
securing unfettered humanitarian access across all regions of Sudan;
added
supporting improved development outcomes, domestic resource mobilization, and catalyzing market-based solutions to improve access to health, education, water and sanitation, and livelihoods; and
added
promoting responsible international and regional engagement.
Sec. 1299R–4 Support for democratic governance, rule of law, human rights, and fundamental freedoms
added
added
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.
added
In general— Notwithstanding any other provision of law (other than the Trafficking Victims Protection Act of 2000 or the Child Soldiers Prevention Act of 2008), the President is authorized to provide assistance under part I and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) to—
added
provide for democracy and governance programs that strengthen and build the capacity of representative civilian government institutions, political parties, and civil society in Sudan;
added
support the organization of free, fair, and credible elections in Sudan;
added
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;
added
support for human rights and fundamental freedoms, including the freedoms of religion or belief; expression, including for members of the press, assembly; and association in Sudan;
added
support measures to improve and increase women’s participation in the political, economic, and social sectors of Sudan; and
added
support other related democracy, good governance, rule of law, and fundamental freedom programs and activities.
added
Authorization of appropriations— Of the funds authorized to be appropriated to carry out part I and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) for fiscal years 2021 and 2022, $20,000,000 is authorized to be appropriated for each such fiscal year to carry out this section.
Sec. 1299R–5 Support for development programs
added
added
In general— Notwithstanding any other provision of law (other than the Trafficking Victims Protection Act of 2000 or the Child Soldiers Prevention Act of 2008), the President is authorized to provide assistance under part I and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) for programs in Sudan to—
added
increase agricultural and livestock productivity;
added
promote economic growth, increase private sector productivity and advance market-based solutions to address development challenges;
added
support women’s economic empowerment and economic opportunities for youth and previously marginalized populations;
added
improve equal access to quality basic education;
added
support the capacity of universities to equip students to participate in a pluralistic and global society through virtual exchange and other programs;
added
improve access to water, sanitation, and hygiene projects;
added
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
added
support other related economic assistance programs and activities.
added
Authorization of appropriations— Of the funds authorized to be appropriated to carry out part I and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) for fiscal years 2021 and 2022, $80,000,000 is authorized to be appropriated, for each such fiscal year to carry out this section.
Sec. 1299R–6 Support for conflict mitigation
added
added
In general— Notwithstanding any other provision of law (other than the Trafficking Victims Protection Act of 2000 or the Child Soldiers Prevention Act of 2008), the President is authorized to provide assistance under part I and chapters 4, 5, and 6 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et seq., and 2348 et seq.) to—
added
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;
added
support civil society and other organizations working to address conflict prevention, mitigation, and resolution mechanisms and people-to-people reconciliation in Sudan, especially those addressing issues of marginalization and vulnerable groups, equal protection under the law, natural resource management, compensation and restoration of property, voluntary return, and sustainable solutions for displaced persons and refugees;
added
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;
added
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;
added
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—
added
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
added
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
added
support other related conflict mitigation programs and activities.
added
Authorization of appropriations— Of the funds authorized to be appropriated to carry out part I and chapters 4 and 6 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et seq., and 2348 et seq.) for fiscal years 2021 and 2022, $20,000,000 is authorized to be appropriated for each such fiscal year to carry out this section.
Sec. 1299R–7 Support for accountability for war crimes, crimes against humanity, and genocide in Sudan
added
added
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.
added
In general— Notwithstanding any other provision of law (other than the Trafficking Victims Protection Act of 2000 or the Child Soldiers Prevention Act of 2008), the President is authorized to provide assistance under part I and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) to—
added
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;
added
collect, document, and protect evidence of war crimes, crimes against humanity, and genocide in Sudan and preserve the chain of custody for such evidence, including by providing support for Sudanese, foreign, and international nongovernmental organizations, and other entities engaged in such investigative activities;
added
build Sudan’s judicial capacity to support prosecutions in domestic courts and support investigations by hybrid or international courts as appropriate;
added
protect witnesses who participate in court proceedings or other transitional justice mechanisms; and
added
support other related conflict mitigation programs and activities.
added
Authorization of appropriations— Of the funds authorized to be appropriated to carry out part I and chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.), for fiscal years 2021 and 2022, $10,000,000 is authorized to be appropriated for each such fiscal year to carry out this section.
Sec. 1299R–8 Suspension of assistance
added
added
In general— The President is authorized to suspend the provision of assistance authorized under section 1299R–4, 1299R–5, 1299R–6, or 1299R–7 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.
added
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—
added
the political and security conditions in Sudan that led to such determination; and
added
any planned diplomatic engagement to restart the provision of such assistance.
Sec. 1299R–9 Multilateral assistance
added
added
Sense of the Congress— It is the sense of the Congress that—
added
Sudan’s economic challenges are a legacy of decades of kleptocracy, economic mismanagement, and war;
added
Sudan’s economic recovery will depend on—
added
combating corruption and illicit economic activity;
added
ending internal conflicts in the states of Darfur, South Kordofan, and Blue Nile; and
added
promoting inclusive economic growth and development; and
added
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.
added
Responding to the COVID–19 outbreak— During the transitional period in Sudan, and notwithstanding any other provision of law, the Secretary of the Treasury may instruct the United States Executive Director at each international financial institution to use the voice and vote of the United States to support loans or other utilization of the funds of the respective institution for Sudan for the purpose of addressing basic human needs, responding to the COVID–19 outbreak and its impact on the country’s economic stability, or promoting democracy, governance, or public financial management in Sudan.
added
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.
added
Reporting requirement— Not later than 3 months after the date of the enactment of this Act, and not less than every 6 months thereafter during the transitional period, the Secretary of the Treasury, in consultation with the Secretary of State, shall report to the appropriate congressional committees on the extent to which the transitional government of Sudan has taken demonstrable steps to strengthen governance and improve fiscal transparency, including—
added
establishing civilian control over the finances and assets of the Sudanese security and intelligence services;
added
developing a transparent budget that accounts for all expenditures related to the security and intelligence services;
added
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;
added
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;
added
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;
added
identifying and monitoring the nature and purpose of offshore financial resources controlled by the security and intelligence services; and
added
strengthening banking regulation and supervision and addressing anti-money laundering and counter-terrorism financing deficiencies.
added
Appropriate congressional committees— In this section, the term “appropriate congressional committees” means—
added
the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and
added
the Committee on Foreign Relations and the Committee on Appropriations of the United States Senate.
Sec. 1299R–10 Coordinated support to recover assets stolen from the Sudanese people
addedadded The Secretary of State, in coordination with the Secretary of the Treasury and the Attorney General, shall seek to advance the efforts of the Government of Sudan to recover assets stolen from the Sudanese people, including with regard to international efforts to—
added
identify and track assets taken from the people and institutions of Sudan through theft, corruption, money laundering, or other illicit means; and
added
with respect to assets identified pursuant to paragraph (1), work with foreign governments and international organizations to—
added
share financial investigations intelligence, as appropriate;
added
oversee and manage the assets identified pursuant to paragraph (1);
added
as appropriate, advance, advance civil forfeiture litigation, including providing technical assistance to help governments establish the necessary legal framework to carry out asset forfeitures; and
added
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—
added
returned assets are not used for partisan political purposes; and
added
there are robust financial management and oversight measures to safeguard repatriated assets.
Sec. 1299R–11 Limitation on assistance to the Sudanese security and intelligence services
added
added
In general— The President may not provide assistance (other than assistance authorized under section 1299R–6) 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).
added
Exception; waiver—
added
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.
added
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—
added
a list of the activities and participants to which such waiver would apply;
added
a justification that the waiver is in the national security interest of the United States; and
added
a certification that the participants have met the requirements of either section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) for programs funded through Department of State appropriations or section 362 of title 10, United States Code, for programs funded through Department of Defense appropriations.
added
Conditions—
added
In general— The conditions described in this subsection are that the Sudanese security and intelligence services—
added
have demonstrated progress in undertaking security sector reform, including reforms that professionalize such security and intelligence services, improve transparency, and reforms to the laws governing the security forces, such as of the National Security Act of 2010 and the Sudan Armed Forces Act of 2007;
added
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;
added
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;
added
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;
added
allow unfettered humanitarian access by United Nations organizations and specialized agencies and domestic and international humanitarian organizations to civilian populations in conflict-affected areas;
added
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
added
take constructive steps to investigate all reports of unlawful recruitment of children by Sudanese security forces and prosecute those found to be responsible.
added
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.
added
Sunset— This section shall terminate on the date that is the earlier of—
added
the date that is 2 years after the date of the enactment of this Act; or
added
the date on which the President determines that a successful rotation of military to civilian leadership in the Sovereignty Council has occurred.
Sec. 1299R–12 Authorization of imposition of sanctions with respect to certain Government of Sudan officials and other individuals
added
added
In general— The President shall impose the sanctions described in subsection (b) with respect to any senior official of the Government of Sudan and any other foreign person that the President determines, on or after the date of enactment of this Act—
added
is knowingly responsible for, complicit in, or has directly or indirectly engaged in—
added
significant actions or policies that threaten the peace, security, or stability of Sudan, including through the use of armed groups;
added
significant actions or policies that obstruct, undermine, delay, or impede, or pose a significant risk of obstructing, undermining, delaying, or impeding, the civil and political rights of the Sudanese people and the political transition in Sudan;
added
corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery;
added
serious human rights abuses that may include the targeting of civilians through the commission of acts of violence, abduction, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge, or a violation of international humanitarian law; or
added
illicit exploitation of natural resources in Sudan;
added
is a leader of an entity that has, or whose members have, engaged in any activity described in subparagraphs (A) through (E) of paragraph (1);
added
has materially assisted, sponsored, or provided financial, material, logistical, or technological support for, or goods or services to or in support of—
added
any activity described in paragraph (1); or
added
any person whose property and interests in property are blocked pursuant to Executive Order No. 13400 (2006); or
added
is owned or controlled by, or has acted or purported to act for or on behalf of, any other person whose property and interests in property are blocked pursuant to—
added
subsection (b)(1); or
added
Executive Order No. 13400 (2006).
added
Sanctions described— The sanctions to be imposed with respect to any foreign person described in subsection (a) are the following:
added
Blocking of property— The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property—
added
are in the United States;
added
come within the United States; or
added
come within the possession or control of a United States person.
added
Inadmissibility for visas, admission, or parole—
added
Visas, admission, or parole— The foreign person is—
added
inadmissible to the United States;
added
ineligible to receive a visa or other documentation to enter the United States; and
added
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
added
Current visas revoked— The visa or other entry documentation of the foreign person shall be revoked, regardless of when such visa or other entry documentation is or was issued. A revocation under this subparagraph shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession.
added
Exceptions To comply with united nations headquarters agreement— Sanctions under subsection (b)(2) shall not apply with respect to a foreign person described in subsection (a) if admitting or paroling the foreign person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
added
Implementation; penalties—
added
Implementation— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section and shall issue such regulations, licenses, and orders as are necessary to carry out this section.
added
Penalties— Any person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out paragraph (1) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
added
Waiver— The President may waive the application of sanctions imposed with respect to a foreign person pursuant to subsection (a) if the President—
added
determines that a waiver is in the national interest of the United States; and
added
not later than the date on which such waiver will take effect, submits a notice of and justification for such waiver to the appropriate congressional committees.
added
Termination of authority To impose sanctions— The authority to impose sanctions under this section shall terminate on the date that is the earlier of 3 years after the date of the enactment of this Act or the date on which the President determines and certifies to the appropriate congressional committees that the Government of Sudan—
added
has held free, fair, and credible general elections in accordance with the 2019 constitutional charter for the transitional period and a democratically elected head of state has been sworn in and taken office;
added
is making significant progress towards respecting the freedoms of religion, speech, press, assembly, and association as described in the 2019 constitutional charter for the transitional period and toward holding free, fair, and credible elections by the end of the transitional period;
added
is compliant with international norms and standards concerning the transparent allocation and disbursement of government directed funds;
added
respects the right to freedom of religion, speech, press, assembly, and association for all Sudanese citizens;
added
has ceased attacks on civilians, including through the use of militias;
added
has negotiated in good faith to reach formal peace agreements with armed movements that had been in conflict with the Government of Sudan; and
added
has ceased any material support or assistance to groups associated or linked to international terrorism.
added
Exception relating to importation of goods—
added
In general— The authorities and requirements to impose sanctions authorized under this section shall not include the authority or requirement to impose sanctions on the importation of goods.
added
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.
added
Exceptions to comply with national security— The following activities shall be exempt from sanctions under this section:
added
Activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.).
added
Any authorized intelligence or law enforcement activities of the United States.
added
Definitions— In this section:
added
Admitted; alien— The terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1001).
added
Appropriate congressional committees— The term appropriate congressional committees means—
added
the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Financial Services of the House of Representatives; and
added
the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
added
Foreign person— The term foreign person means a person that is not a United States person.
added
Knowingly— The term knowingly means, with respect to conduct, a circumstance, or a result, that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
added
United states person— The term United States person means—
added
a United States citizen, an alien lawfully admitted for permanent residence to the United States, or any other individual subject to the jurisdiction of the United States;
added
an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such entity; or
added
any person in the United States.
Sec. 1299R–13 Reports
added
added
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 to the appropriate congressional committees a report that—
added
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;
added
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;
added
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
added
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.
added
Report on certain activities and finances of senior officials of the government of sudan— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 1 year, the President shall submit to the appropriate congressional committees a report that—
added
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—
added
directing, carrying out, or overseeing gross violations of human rights;
added
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;
added
directing, carrying out, or colluding in significant acts of corruption;
added
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
added
facilitating, supporting, or financing terrorist activity in Sudan or other countries;
added
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;
added
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;
added
identifies any information United States Government agencies have obtained since August 2019 regarding senior officials of the Government of Sudan who are personally involved in the illicit trade in mineral resources, including petroleum and gold; and
added
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.
added
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 to the appropriate congressional committees a report containing the names of senior Sudanese government officials that President determines meet the criteria to be sanctionable pursuant to Executive Order No. 13400 (71 Fed. Reg. 25483; relating to blocking property of persons in connection with the conflict in Sudan’s Darfur region).
added
Form— The reports required under subsections (b) and (c) shall be submitted in unclassified form but may include a classified annex.
Sec. 1299R–14 United States strategy for support to a civilian-led government in Sudan
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Secretary of the Treasury, shall submit to the appropriate congressional committees a strategy that includes—
added
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;
added
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;
added
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—
added
human rights;
added
freedom of religion, speech, press, assembly, and association; and
added
accountability for human rights abuses, including for sexual and gender-based violence perpetrated by members of the Sudanese security and intelligence services;
added
a description of efforts to address the legal and policy reforms mentioned in paragraph (3);
added
a description of humanitarian and development assistance to Sudan and a plan for coordinating such assistance with international donors, regional partners, and local partners;
added
a description of monitoring and evaluation plans for all forms of assistance to be provided under the strategy in accordance with the monitoring and evaluation requirements of section 4 of the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114–191), to include a detailed description of all associated goals and benchmarks for measuring impact; and
added
an assessment of security sector reforms undertaken by the Government of Sudan, including efforts to demobilize or integrate militias and to foster civilian control of the armed services.
added
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 to the appropriate congressional committees a report that includes—
added
a detailed description of the efforts taken to implement this subtitle; and
added
recommendations for legislative or administrative measures to facilitate the implementation of this subtitle.
Sec. 1299R–15 Amendments to the Darfur Peace and Accountability Act of 2006
addedadded 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. 1299R–16 Repeal of Sudan Peace Act and the Comprehensive Peace in Sudan Act
added
added
Sudan peace act— Effective January 1, 2020, the Sudan Peace Act (Public Law 107–245; 50 U.S.C. 1701 note) is repealed.
added
Comprehensive peace in sudan act— Effective January 1, 2020, the Comprehensive Peace in Sudan Act of 2004 (Public Law 108–497; 50 U.S.C. note) is repealed.
Sec. 1299S–1 Short title
addedadded This subtitle may be cited as the “Afghanistan Security and Reconstruction Transparency Act”.
Sec. 1299S–2 Public availability of data pertaining to measures of performance of the Afghan National Defense and Security Forces
added
added
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall make publicly available all data pertaining to measures of performance of the Afghan National Defense and Security Forces (hereafter in this section referred to as “ANDSF”).
added
Data To be included— The data required to be made publicly available by subsection (a) shall include the following:
added
The total quarterly ANDSF attrition rate and quarterly attrition rates for ANDSF components, including the Afghan National Army, the Afghan National Police, the Afghan Air Force, and the Afghan Local Police.
added
The total number of ANDSF personnel dropped from the rolls for the quarter and the number of personnel dropped from the rolls by ANDSF component for the quarter.
added
The total number of ANDSF personnel trained to date, the number of new ANDSF personnel that entered training for the quarter, the number of new ANDSF personnel that completed training for the quarter, the total number of personnel trained by ANDSF component to date, the number of new personnel by ANDSF component that entered training for the quarter, and the number of new personnel by ANDSF component that completed training for the quarter.
added
The total number and percentage of unfilled ANDSF positions and the number and percentage of unfilled positions by ANDSF component.
added
The percentage of ANDSF components assessed at full authorized and assigned strength.
added
Detailed Afghan Ministry of Defense, Ministry of Interior, and ANDSF performance assessments.
added
Information about the operational readiness of Afghan National Army and Afghan National Police equipment.
added
Afghanistan Special Mission Wing information, including the number and type of airframes, the number of pilots and aircrew, and the operational readiness (and associated benchmarks) of airframes.
added
Enemy-initiated attacks and effective enemy-initiated attacks on the ANDSF.
Sec. 1299S–3 District-level stability assessments of Afghan government and insurgent control and influence
added
added
In general— The Secretary of Defense shall resume the production of district-level stability assessments of Afghan government and insurgent control and influence that were discontinued in 2018, to include district, population, and territorial control data.
added
Public availability— The Secretary of Defense shall make publicly available the assessments and all data pertaining to the assessments produced under subsection (a).
Sec. 1299T–1 Short title
addedadded This subtitle may be cited as the “Leveraging Information on Foreign Traffickers Act” or the “LIFT Act”.
Sec. 1299T–2 Sense of Congress
addedadded It is the sense of Congress that—
added
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;
added
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;
added
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;
added
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
added
United States officials responsible for monitoring and combating trafficking in persons around the world should receive available information regarding where and how often United States diplomatic and consular officials encounter persons who are responsible for, or who knowingly benefit from, severe forms of trafficking in persons.
Sec. 1299T–3 Annual deadline for trafficking in persons report
addedadded 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”.
Sec. 1299T–4 United States Advisory Council on Human Trafficking
added
added
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”.
added
Compensation— Section 115(f) of the Justice for Victims of Trafficking Act of 2015 (Public Law 114–22; 129 Stat. 243) is amended—
added
in paragraph (1), by striking “and” after the semicolon at the end;
added
in paragraph (2), by striking the period at end and inserting “; and”; and
added
by adding at the end the following new paragraph:
added “(3) may each receive compensation for each day such member is engaged in the actual performance of the duties of the Council.”
added
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 subsection (b).
Sec. 1299T–5 Timely provision of information to the Office to Monitor and Combat Trafficking in Persons of the Department of State
added
added
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:
added “(l) Information regarding human trafficking-Related visa denials
added “(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.
added “(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—
added “(A) the information described in paragraph (1); and
added “(B) the information included in the most recent report submitted in accordance with section 110(b).”
added
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:
added “(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).”
Sec. 1299T–6 Reports to Congress
added
added
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—
added
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 section 1299T–5; and
added
identifies by country and by United States diplomatic and 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 section 1299T–5(b)).
added
Annual report— Beginning with the first annual anti-trafficking report required under subsection (b)(1) of section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107; enacted as division A of the Victims of Trafficking and Violence Protection Act of 2000) that is 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 section 1299T–5(b)) during the period covered by each such annual anti-trafficking report.
Sec. 1299T–7 Definitions
addedadded In this subtitle:
added
Locations of United States visa denials— The term location of United States visa denials means—
added
the United States diplomatic or consular post at which a denied United States visa application was adjudicated; and
added
the city or locality of residence of the applicant whose visa application was so denied.
added
Relevant congressional committees— The term relevant congressional committees means—
added
the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; and
added
the Committee on Foreign Relations and the Committee on the Judiciary of the Senate.
Sec. 1302 Sense of Congress regarding biological threat reduction and cooperative biological engagement of the Cooperative Threat Reduction Program
addedadded It is the sense of Congress that—
added
keeping Americans safe means ensuring that global health security is prioritized as a national security issue;
added
as highlighted by the 2017 National Security Strategy of the United States, biological threats, whether “deliberate attack, accident, or a natural outbreak”, are growing threats and “require actions to address them at their source” through programs carried out by cooperative engagement, such as working “with partners to ensure that laboratories that handle dangerous pathogens have in place safety and security measures”;
added
the 2017 National Security Strategy of the United States appropriately affirms the importance of supporting advancements in biomedical innovation while mitigating harm caused by advanced bioweapons and capabilities;
added
the intrinsically linked nature of biological threats, whether naturally occurring, accidental, or deliberate, underscores the relationship between the Global Health Security Strategy of the United States and the National Biodefense Strategy, and the national security tools used to prevent and mitigate these threats must be similarly connected;
added
biological threats are a critical emerging threat against the United States and addressing these threats through cooperative programs is an opportunity to achieve long-standing nonproliferation goals;
added
cooperative programs to address biological threats through improved global capacity in the areas of biosafety, biosecurity, bio-surveillance, research oversight, and related legislative and regulatory frameworks have become even more important as the world faces increasing availability of and advancements in biotechnology, which has broad dual-use and proliferation implications;
added
under the Cooperative Threat Reduction Program of the Department of Defense established under the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3701 et seq.), Congress authorized the Secretary of Defense to address such threats through activities to prevent, detect, and report on highly pathogenic diseases or other diseases, “regardless of whether such diseases are caused by biological weapons”;
added
in 2014, President Obama declared the Ebola virus disease epidemic a national security priority and exercised the authority under such Program to build capacity that mitigated the imminent threat posed by the Ebola virus disease and established capabilities required to prevent future outbreaks;
added
many of the prevention, detection, and response capacities built in response to the Ebola virus disease epidemic are also those used to prevent, detect, and respond to the use of biological weapons abroad;
added
continuing to use cooperative engagement programs is in the national security interests of the United States because of the important relationships established between the United States and partner countries, which are based on ideals such as transparency, information sharing, and a shared responsibility in advancing global security;
added
the recent coronavirus disease 2019 (COVID–19) global pandemic has illustrated the dire consequences resulting from a single disease that knows no boundaries, impacting the United States economy and the health of United States citizens and members of the Armed Forces, both domestically and abroad;
added
in light of the impacts caused by COVID–19, and following two congressionally mandated reports that call for better implementation of the biological cooperative engagement programs of the United States and the National Biodefense Strategy (the report published by the Government Accountability Office on March 11, 2020, titled “National Biodefense Strategy: Opportunities and Challenges with Early Implementation” and the report published by the National Academies of Sciences, Engineering, and Medicine on April 14, 2020, titled “A Strategic Vision for Biological Threat Reduction: The U.S. Department of Defense and Beyond”), it is of utmost importance that such programs are given due and increased prioritization for national security purposes; and
added
the Secretary of Defense and the Secretary of State should make every effort to prioritize and advance the determination, concurrence, and notification processes under the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3701 et seq.) to provide for necessary new country determinations in a timely manner and be responsive to emerging biological threats.
Sec. 1521 Afghanistan security forces fund
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—
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
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)).
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”.
Equipment disposition—
Acceptance of certain equipment— Subject to paragraph (2), the Secretary of Defense may accept equipment that is procured using amounts authorized to be appropriated for the Afghanistan Security Forces Fund by this Act and is intended for transfer to the security forces of the Ministry of Defense and the Ministry of the Interior of the Government of Afghanistan, but is not accepted by such security forces.
Conditions on acceptance of equipment— Before accepting any equipment under the authority provided by paragraph (1), the Commander of United States forces in Afghanistan shall make a determination that such equipment was procured for the purpose of meeting requirements of the security forces of the Ministry of Defense and the Ministry of the Interior of the Government of Afghanistan, as agreed to by both the Government of Afghanistan and the Government of the United States, but is no longer required by such security forces or was damaged before transfer to such security forces.
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).
Treatment as department of defense stocks— Equipment accepted under the authority provided by paragraph (1) may be treated as stocks of the Department of Defense upon notification to the congressional defense committees of such treatment.
Quarterly reports on equipment disposition—
In general— Not later than 90 days after the date of the enactment of this Act and every 90-day period thereafter during which the authority provided by paragraph (1) is exercised, the Secretary shall submit to the congressional defense committees a report describing the equipment accepted during the period covered by such report under the following:
This subsection.
Section 1521(b) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2575).
Section 1531(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1088).
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).
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).
Elements— Each report under subparagraph (A) shall include a list of all equipment that was accepted during the period covered by such report and treated as stocks of the Department of Defense and copies of the determinations made under paragraph (2), as required by paragraph (3).
Security of afghan women—
In general— Of the funds available to the Department of Defense for the Afghan Security Forces Fund for fiscal year 2021, it is the goal that $29,100,000, but in no event less than $10,000,000, shall be used for the recruitment, integration, retention, training, and treatment of women in the Afghan National Defense and Security Forces.
Types of programs and activities— Such programs and activities may include—
efforts to recruit and retain women into the Afghan National Defense and Security Forces, including the special operations forces;
programs and activities of the Directorate of Human Rights and Gender Integration of the Ministry of Defense of Afghanistan and the Office of Human Rights, Gender and Child Rights of the Ministry of Interior of Afghanistan;
development and dissemination of gender and human rights educational and training materials and programs within the Ministry of Defense and the Ministry of Interior of Afghanistan;
efforts to address harassment and violence against women within the Afghan National Defense and Security Forces;
improvements to infrastructure that address the requirements of women serving in the Afghan National Defense and Security Forces, including appropriate equipment for female security and police forces, and transportation for policewomen to their station;
support for Afghanistan National Police Family Response Units;
security provisions for high-profile female police and military officers;
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
enhancements to Afghan National Defense and Security Forces recruitment programs for targeted advertising with the goal of increasing the number of female recruits.
Assessment of afghanistan progress on objectives—
Assessment required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of State, submit to the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate an assessment describing—
the progress of the Government of the Islamic Republic of Afghanistan toward meeting shared security objectives; and
the efforts of the Government of the Islamic Republic of Afghanistan to manage, employ, and sustain the equipment and inventory provided under subsection (a).
Matters to be included— In conducting the assessment required by paragraph (1), the Secretary of Defense shall include each of the following:
The extent to which the Government of Afghanistan has a strategy for, and has taken steps toward, increased accountability and the reduction of corruption within the Ministry of Defense and the Ministry of Interior of Afghanistan.
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.
The extent to which the Afghan National Defense and Security Forces have been able to increase pressure on the Taliban, al-Qaeda, the Haqqani network, the Islamic State of Iraq and Syria-Khorasan, and other terrorist organizations, including by re-taking territory, defending territory, and disrupting attacks.
The distribution practices of the Afghan National Defense and Security Forces and whether the Government of Afghanistan is ensuring that supplies, equipment, and weaponry supplied by the United States are appropriately distributed to, and employed by, security forces charged with fighting the Taliban and other terrorist organizations.
A description of—
the policy governing the use of Acquisition and Cross Servicing Agreements (ACSA) in Afghanistan;
each ACSA transaction by type, amount, and recipient for calendar year 2020; and
for any transactions from the United States to Afghan military forces, an explanation for why such transaction was not carried out under the authorities of the Afghanistan Security Forces Fund.
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.
A description of the ability of the Ministry of Defense and the Ministry of Interior of Afghanistan to manage and account for previously divested equipment, including a description of any vulnerabilities or weaknesses of the internal controls of such Ministry of Defense and Ministry of Interior and any plan in place to address shortfalls.
A description of any significant irregularities in the divestment of equipment to the Afghan National Defense and Security Forces during the period beginning on May 1, 2020, and ending on May 1, 2021, including any major losses of such equipment or any inability on the part of the Afghan National Defense and Security Forces to account for equipment so procured.
A description of the sustainment and maintenance costs required during the 5-year period beginning on the date of the enactment of this Act, for major weapons platforms previously divested, and a description of the plan for the Afghan National Defense and Security Forces to maintain such platforms in the future.
The extent to which the Government of Afghanistan is adhering to conditions for receiving assistance established in annual financial commitment letters or any other bilateral agreements with the United States.
The extent to which the Government of Afghanistan has made progress in achieving security sector benchmarks as outlined by the United States-Afghan Compact (commonly known as the “Kabul Compact”) and a description of any other documents, plans, or agreements used by the United States to measure security sector progress.
The extent to which the Government of Afghanistan or the Secretary has developed a plan to integrate former Taliban fighters into the Ministries of Defense or Interior.
Such other factors as the Secretaries consider appropriate.
added
The extent to which the Government of Afghanistan has prioritized the development of relevant processes to combat gross human rights violation and to promote religious freedom and peace in Afghanistan.
added
The extent to which the Afghan National Defense and Security Forces have been able to promote religious freedom by increasing pressure on the Taliban, al-Qaeda, the Haqqani network, the Islamic State of Iraq and Syria-Khorasan, and other terrorist organizations by connecting regional peace with the practice of freedom of religion or belief.
Form— The assessment required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Withholding of assistance for insufficient progress—
In general— If the Secretary of Defense determines, in coordination with the Secretary of State and pursuant to the assessment under paragraph (1), that the Government of Afghanistan has made insufficient progress in the areas described in paragraph (2), the Secretary of Defense shall—
withhold $401,500,000, to be derived from amounts made available for assistance for the Afghan National Defense and Security Forces, from expenditure or obligation until the date on which the Secretary certifies to the congressional defense committees that the Government of Afghanistan has made sufficient progress; and
notify the congressional defense committees not later than 30 days before withholding such funds.
Waiver— If the Secretary of Defense determines that withholding such assistance would impede the national security objectives of the United States by prohibiting, restricting, delaying, or otherwise limiting the provision of assistance, the Secretary may waive the withholding requirement under subparagraph (A) if the Secretary, in coordination with the Secretary of State, certifies such determination to the congressional defense committees not later than 30 days before the effective date of the waiver.
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:
The amount of funding provided in fiscal year 2020 through the Afghanistan Security Forces Fund to the Government of Afghanistan in the form of direct government-to-government assistance or on-budget assistance for the purposes of supporting any entity of such government, including the Afghan National Defense and Security Forces, the Afghan Ministry of Interior, or the Afghan Ministry of Defense.
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.
To the extent the amount described in paragraph (2) exceeds the amount described in paragraph (1), an explanation as to the reason why the such amount is greater and the specific entities and purposes that were supported by such increase.
Sec. 1522 Report on transitioning funding
addedadded The Secretary of Defense shall include, in the materials submitted 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—
added
a description of each program funded in fiscal year 2021 using amounts authorized to be appropriated for overseas contingency operations under this title;
added
the manner and extent to which the Secretary plans to shift the funding of each such program in the ensuing fiscal years to use amounts authorized to be appropriated other than for overseas contingency operations being carried out by the Armed Forces, disaggregated by fiscal year; and
added
a plan to return all overseas contingency operations funding to the base budget, as appropriate, in accordance with the future-years defense plan set forth in the budget of the President for fiscal year 2021.
Sec. 1605 Policy to ensure launch of small-class payloads
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.
Policy— The policy under subsection (a) shall include, at a minimum, providing resources and policy guidance to sustain—
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;
a robust small-class payload space launch infrastructure and industrial base;
the availability of rapid, responsive, and reliable space launches for national security space programs to—
improve the responsiveness and flexibility of a national security space system;
lower the costs of launching a national security space system; and
maintain risks of mission success at acceptable levels;
a minimum number of dedicated launches each year; and
full and open competition including small launch providers and rideshare opportunities.
changed
Acquisition strategy— The Secretary shall develop and carry out a five-year 5-year phased acquisition strategy, including near and long term, for the small launch and satellite policy under subsection (a).
Elements— The acquisition strategy under subsection (c) shall—
provide the necessary—
stability in budgeting and acquisition of capabilities;
flexibility to the Federal Government; and
procedures for fair competition; and
specifically take into account, as appropriate per competition, the effect of—
contracts or agreements for launch services or launch capability entered into by the Department of Defense with small-class payload space launch providers;
the requirements of the Department of Defense, including with respect to launch capabilities and pricing data, that are met by such providers;
the cost of integrating a satellite onto a launch vehicle;
launch performance history (at least three successful launches of the same launch vehicle design) and maturity;
ability of a launch provider to provide the option of dedicated and rideshare launch capabilities; and
any other matters the Secretary considers appropriate.
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report describing a plan for the policy under subsection (a), including with respect to the cost of launches and an assessment of mission risk.
Sec. 1610A Permanent personnel management authority for Space Development Agency for experts in science and engineering
added
added
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:
added “(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.”
added
Personnel management authority— Section 1599h(b)(1) of such title is amended—
added
by striking “and” at the end of subparagraph (E);
added
by inserting “and” after the semicolon at the end of subparagraph (F); and
added
by adding at the end the following new subparagraph:
added “(G) in the case of the Space Development Agency, appoint individuals to a total of not more than 10 positions in the Agency, of which not more than 5 such positions may be positions of administration or management of the Agency;”
Sec. 1610B Report on effect of COVID–19 on space industrial base and space programs of Department of Defense
addedadded Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the current and projected effects of COVID–19 on the space industrial base and the space programs of Department of Defense. The report shall include an assessment of each of the following:
added
COVID–19 related and associated impacts to cost, timeline, and performance to the space industrial base and the space programs of Department, including with respect to—
added
procurement and acquisition;
added
research, development, test, and evaluation;
added
partnerships with non-Federal governmental entities, such as universities and not-for-profit organizations; and
added
labor force disruptions;
added
Regional and sector-specific disruptions and concerns.
added
Current mitigation strategies by both the Federal Government and industry.
added
Any supplemental disaster appropriations requirements to mitigate impacts to such programs.
added
Recommendations to address risks and threats to the Federal Government and industry relating to such impacts.
Sec. 1610C Satellite ground network frequency licensing
added
added
Report on department of defense satellite antenna frequency licensing processes—
added
Reporting requirement— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Air Force and the Chief of Space Operations, shall submit to the Committees on Armed Services of the House of Representatives and the Senate, and to any other appropriate congressional committee upon request, a report on the Department’s processes and procedures for identifying and securing frequency licenses for national security space ground assets.
added
Matters included— The report provided under paragraph (1) shall address the following:
added
An assessment of current processes, procedures, requirements, timelines, and entities necessary to coordinate and secure frequency licensing for Department of Defense space ground antenna and assets.
added
A plan to address and streamline procedures regarding the ingestion and licensing of commercial industry antenna in support of the augmentation of existing network capacity.
added
A review of FOUO classification requirements for information and specifications related to the items addressed within this report.
added
Such other matters as the Secretary considers appropriate.
added
Designation of antenna specifications— Not later than 1 year after the date of enactment of this Act, the Secretary of the Air Force, in coordination with the Chief of Space Operations (CSO), shall identify and re-designate controlled unclassified information regarding details and technical antenna specifications, necessary to complete National Telecommunications and Information Administration (NTIA), Federal Communication Commission (FCC), and Friendly Nation frequency licensing processes, so that such information may be shared in regards to the guidelines of “Distribution Statement A” as defined by DoDI 5230.24.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means the following:
added
The congressional defense committees.
added
The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
Sec. 1622 Cyberspace solarium commission
Section 1652 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is amended—
in subsection (b)(1)—
in subparagraph (A), by—
striking clauses (i) through (iv); and
redesignating clauses (v) through (viii) as clauses (i) through (iv), respectively; and
in subparagraph (B)(i), by striking “and who are appointed under clauses (iv) through (vii) of subparagraph (A)”;
in subsection (d)(2), by striking “Seven” and inserting “Six”;
in subsection (h), by—
striking “(1) In general.—(A)”; and
striking paragraph (2);
in subsection (i)(1)(B), by striking “officers or employees of the United States or”; and
in subsection (k)(2)—
changed
in subparagraph (A), by striking “at the end of the 120-day period beginning on” and inserting “two “2 years after”;
in subparagraph (B), by—
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striking “may use the 120-day” and inserting “shall use the two year”;2-year”;
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.”
by adding at the end the following new subparagraph:
“(C) If the Commission is extended, and the effective date of such extension is after the date on which the Commission terminated, the Commission shall be deemed reconstituted with the same members and powers that existed on the day before such termination date, except that—
“(i) a member of the Commission may serve only if the member’s position continues to be authorized under subsection (b);
“(ii) no compensation or entitlements relating to a person’s status with the Commission shall 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
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“(vii) the requirement for an assessment of the final report in subsection (l) shall be updated to require annually for a period of two 2 years further assessments of the Federal Government’s responses to the Commission’s recommendations contained in such final report.”
Sec. 1624 Responsibility for the Sector Risk Management Agency function of the Department of Defense
Definitions—
In general— In this section:
Critical infrastructure— The term “critical infrastructure” has the meaning given such term in section 1016(e) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
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Sector Risk Management Agency— The term “Sector Risk Management Agency” means a Federal department or agency designated as a Sector Specific Agency under Presidential Policy Directive-21 Directive–21 to be responsible for providing institutional knowledge and specialized expertise to, as well as leading, facilitating, or supporting, the security and resilience programs and associated activities of its designated critical infrastructure sector in the all-hazards environment.
Reference— Any reference to a Sector-Specific Agency in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Sector Risk Management Agency of the Federal Government for the relevant critical infrastructure sector.
Designation— The Secretary of Defense shall designate the Principal Cyber Advisor of the Department of Defense as the lead official, and the Office of the Principal Cyber Advisor as the lead component, for the Department’s role and functions as the Sector Risk Management Agency for the Defense Industrial Base.
Responsibilities— As the lead official for the Department of Defense’s Sector Risk Management Agency functions, the Principal Cyber Advisor of the Department shall be responsible for all activities performed by the Department in its support of the Defense Industrial Base, as one of the critical infrastructure sectors of the United States. Such activities shall include the following:
Synchronization, harmonization, de-confliction, and management for the execution of all Department programs, initiatives, efforts, and communication related to the Department’s Sector Risk Management Agency function, including any Department program, initiative, or effort that addresses the cybersecurity of the Defense Industrial Base.
Leadership and management of the Defense Industrial Base Government Coordinating Council.
Direct interface and sponsorship of the Defense Industrial Base Sector Coordinating Council.
Organization of quarterly in-person meetings of both the Defense Industrial Base Government Coordinating Council and the Defense Industrial Base Sector Coordinating Council.
Additional functions— In carrying out this section, the Principal Cyber Advisor of the Department of Defense shall—
coordinate with relevant Federal departments and agencies, and collaborate with critical infrastructure owners and operators, where appropriate with independent regulatory agencies, and with State, local, territorial, and Tribal entities, as appropriate;
serve as a day-to-day Federal interface for the dynamic prioritization and coordination of sector-specific activities;
carry out incident management responsibilities;
provide, support, or facilitate technical assistance and consultations for the Defense Industrial Base to identify cyber or physical vulnerabilities and help mitigate incidents, as appropriate; and
support the statutorily required reporting requirements of such relevant Federal departments and agencies by providing to such departments and agencies on an annual basis sector-specific critical infrastructure information.
Sec. 1626 Reporting requirements for cross domain compromises and exemptions to policies for information technology
Compromise reporting—
In general— Effective beginning in October 2020, the Secretary of Defense and the secretaries of the military services shall submit to the congressional defense committees a monthly report in writing that documents each instance or indication of a cross-domain compromise within the Department of Defense.
Procedures— The Secretary of Defense shall submit to the congressional defense committees procedures for complying with the requirements of subsection (a) consistent with the national security of the United States and the protection of operational integrity. The Secretary shall promptly notify such committees in writing of any changes to such procedures at least 14 days prior to the adoption of any such changes.
Definition— In this subsection, the term “cross domain compromise” means any unauthorized connection between software, hardware, or both designed for use on a network or system built for classified data and the public internet.
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Exemptions to policy for information technology— Not later than six 6 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:
Risk categorization.
Duration.
Estimated time remaining.
Sec. 1628 Cyber capabilities and interoperability of the National Guard
Evaluation— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in conjunction with the Chief of the National Guard Bureau, shall submit to the congressional defense committees, the Committee on Appropriations of the House of Representatives, and the Committee on Appropriations of the Senate a review of the statutes, rules, regulations, and standards that pertain to the use of the National Guard for the response to and recovery from significant cyber incidents.
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Recommendations— The review required under subsection (a) shall address the following::following:
Regulations promulgated under section 903 of title 32, United States Code, to allow the National Guard to conduct homeland defense activities that the Secretary of Defense determines to be necessary and appropriate in accordance with section 902 of such title in response to a cyber attack.
Compulsory guidance from the Chief of the National Guard Bureau regarding how the National Guard shall collaborate with the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security and the Federal Bureau of Investigation of the Department of Justice through multi-agency task forces, information-sharing groups, incident response planning and exercises, and other relevant forums and activities.
A plan for how the Chief of the National Guard Bureau will collaborate with the Secretary of Homeland Security to develop an annex to the National Cyber Incident Response Plan that details the regulations and guidance described in paragraphs (1) and (2).
Definition— The term “significant cyber incident” means a cyber incident that results, or several related cyber incidents that result, in demonstrable harm to—
the national security interests, foreign relations, or economy of the United States; or
the public confidence, civil liberties, or public health and safety of the American people.
Sec. 1630 Establishment of integrated cyber center
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of Defense, the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall submit to the relevant congressional committees a report on Federal cybersecurity centers and the potential for better coordination of Federal cyber efforts at an integrated cyber center within the national cybersecurity and communications integration center of the Department of Homeland Security established pursuant to section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659).
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:
Any challenges regarding capacity and funding identified by the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, the Attorney General, the Secretary of Defense, or the Director of National Intelligence that negatively impact coordination with the national cybersecurity and communications integration center of the Department of Homeland Security in furtherance of the security and resilience of critical infrastructure.
Distinct statutory authorities identified by the Secretary of Homeland Security, the Attorney General, the Director of the Federal Bureau of Investigation, the Secretary of Defense, or the Director of National Intelligence that should not be leveraged by an integrated cyber center within the national cybersecurity and communications integration center.
Any challenges associated with effective mission coordination and deconfliction between the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security and other Federal agencies that could be addressed with the creation of an integrated cyber center within the national cybersecurity and communications integration center.
How capabilities or missions of existing Federal cyber centers could benefit from greater integration or collocation to support cybersecurity collaboration with critical infrastructure at an integrated cyber center within the national cybersecurity and communications integration center, including the following Federal cyber centers:
The National Security Agency’s Cyber Threat Operations Center.
United States Cyber Command’s Joint Operations Center.
The Office of the Director of National Intelligence’s Cyber Threat Intelligence Integration Center.
The Federal Bureau of Investigation’s National Cyber Investigative Joint Task Force.
The Department of Defense’s Defense Cyber Crime Center.
The Office of the Director of National Intelligence’s Intelligence Community Security Coordination Center.
Elements— The report required under subsection (a) shall—
identify any challenges regarding the Cybersecurity and Infrastructure Security Agency’s current authorities, structure, resources, funding, ability to recruit and retain its workforce, or interagency coordination that negatively impact the ability of the Agency to fulfill its role as the central coordinator for critical infrastructure cybersecurity and resilience pursuant to its authorities under the Homeland Security Act of 2002, and information on how establishing an integrated cyber center within the national cybersecurity and communications integration center would address such challenges;
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;
identify any lessons from the United Kingdom’s National Cybersecurity Center model to determine whether an integrated cyber center within the Cybersecurity and Infrastructure Security Agency should be similarly organized into an unclassified environment and a classified environment;
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
propose policies, programs, or practices that could overcome challenges identified in the aggregated information under subsection (b), including the creation of an integrated cyber center within the national cybersecurity and communications integration center, accompanied by legislative proposals, as appropriate.
Plan— Upon submitting the report pursuant to subsection (a), the Secretary of Homeland Security, in coordination with the Secretary of Defense, the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall develop a plan to establish an integrated cyber center within the national cybersecurity and communications integration center.
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Establishment— Not later than one 1 year after the submission of the report required under subsection (a), the Secretary of Homeland Security, in coordination with the Secretary of Defense, the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall begin establishing an integrated cyber center in the national cybersecurity and communications integration center.
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Annual updates— Beginning one 1 year after the submission of the report required under subsection (a) and annually thereafter, the Secretary of Homeland Security, in coordination with the Secretary of Defense, the Attorney General, the Director of the Federal Bureau of Investigation, and the Director of National Intelligence, shall submit to the relevant congressional committees updates regarding efforts to establish and operate an integrated cyber center in the national cybersecurity and communications integration center pursuant to subsection (e), including information on progress made toward overcoming any challenges identified in the report required by subsection (a).
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.
Definition— In this section, the term “relevant congressional committees” means—
in the House of Representatives—
the Committee on Armed Services;
the Committee on the Judiciary;
the Permanent Select Committee on Intelligence; and
the Committee on Homeland Security; and
in the Senate—
the Committee on Armed Services;
the Committee on the Judiciary;
the Select Committee on Intelligence; and
the Committee on Homeland Security and Governmental Affairs.
Sec. 1631 Cyber threat information collaboration environment
In general— In consultation with the Cyber Threat Data Standards and Interoperability Council established pursuant to subsection (d), the Secretary of Homeland Security, in coordination with the Secretary of Defense and the Director of National Intelligence (acting through the Director of the National Security Agency), shall develop an information collaboration environment and associated analytic tools that enable entities to identify, mitigate, and prevent malicious cyber activity to—
provide limited access to appropriate operationally relevant data about cybersecurity risks and cybersecurity threats, including malware forensics and data from network sensor programs, on a platform that enables query and analysis;
allow such tools to be used in classified and unclassified environments drawing on classified and unclassified data sets;
enable cross-correlation of data on cybersecurity risks and cybersecurity threats at the speed and scale necessary for rapid detection and identification;
facilitate a comprehensive understanding of cybersecurity risks and cybersecurity threats; and
facilitate collaborative analysis between the Federal Government and private sector critical infrastructure entities and information and analysis organizations.
Implementation of information collaboration environment—
Evaluation— Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, in coordination with the Secretary of Defense and the Director of National Intelligence (acting through the Director of the National Security Agency), shall—
identify, inventory, and evaluate existing Federal sources of classified and unclassified information on cybersecurity threats;
evaluate current programs, applications, or platforms intended to detect, identify, analyze, and monitor cybersecurity risks and cybersecurity threats; and
coordinate with private sector critical infrastructure entities and, as determined appropriate by the Secretary of Homeland Security, in consultation with the Secretary of Defense, other private sector entities, to identify private sector cyber threat capabilities, needs, and gaps.
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Implementation— Not later than one 1 year after the evaluation required under paragraph (1), the Secretary of Homeland Security, acting through the Director of the Cybersecurity and Infrastructure Security Agency, in coordination with the Secretary of Defense and the Director of National Intelligence (acting through the Director of the National Security Agency), shall begin implementation of the information collaboration environment developed pursuant to subsection (a) to enable participants in such environment to develop and run analytic tools referred to in such subsection on specified data sets for the purpose of identifying, mitigating, and preventing malicious cyber activity that is a threat to government and critical infrastructure. Such environment and use of such tools shall—
operate in a manner consistent with relevant privacy, civil rights, and civil liberties policies and protections, including such policies and protections established pursuant to section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485);
account for appropriate data standards and interoperability requirements, consistent with the standards set forth in subsection (d);
enable integration of current applications, platforms, data, and information, including classified information, in a manner that supports integration of unclassified and classified information on cybersecurity risks and cybersecurity threats;
incorporate tools to manage access to classified and unclassified data, as appropriate;
ensure accessibility by entities the Secretary of Homeland Security, in consultation with the Secretary of Defense and the Director of National Intelligence (acting through the Director of the National Security Agency), determines appropriate;
allow for access by critical infrastructure stakeholders and other private sector partners, at the discretion of the Secretary of Homeland Security, in consultation with the Secretary of Defense;
deploy analytic tools across classification levels to leverage all relevant data sets, as appropriate;
identify tools and analytical software that can be applied and shared to manipulate, transform, and display data and other identified needs; and
anticipate the integration of new technologies and data streams, including data from government-sponsored network sensors or network-monitoring programs deployed in support of State, local, Tribal, and territorial governments or private sector entities.
Annual review of impacts on privacy, civil rights, and civil liberties— The Secretary of Homeland Security and the Director of National Intelligence (acting through the Director of the Cybersecurity and Infrastructure Security Agency and the Director of the National Security Agency, respectively) shall direct the Privacy, Civil Rights, and Civil Liberties Officers of their respective agencies, in consultation with Privacy, Civil Rights, and Civil Liberties Officers of other Federal agencies participating in the information collaboration environment, to conduct an annual review of the information collaboration environment for compliance with fair information practices and civil rights and civil liberties policies. Each such report shall be—
unclassified, to the maximum extent possible, but may contain a non-public or classified annex to protect sources or methods and any other sensitive information restricted by Federal law;
with respect to the unclassified portions of each such report, made available on the public internet websites of the Department of Homeland Security and the Office of the Director of National Intelligence—
not later than 30 days after submission to the appropriate congressional committees; and
in an electronic format that is fully indexed and searchable; and
with respect to a classified annex, submitted to the appropriate congressional committees in an electronic format that is fully indexed and searchable.
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Post-deployment Post-Deployment assessment— Not later than two 2 years after the implementation of the information collaboration environment under subsection (b), the Secretary of Homeland Security, the Secretary of Defense, and the Director of National Intelligence (acting through the Director of the National Security Agency) shall jointly submit to te appropriate congressional committees an assessment of whether to include additional entities, including critical infrastructure information sharing and analysis organizations, in such environment.
Cyber Threat Data Standards and Interoperability Council—
Establishment— There is established an interagency council, to be known as the “Cyber Threat Data Standards and Interoperability Council” (in this subsection referred to as the “council”), chaired by the Secretary of Homeland Security, to establish data standards and requirements for public and private sector entities to participate in the information collaboration environment developed pursuant to subsection (a).
Other membership—
Principal members— In addition to the Secretary of Homeland Security, the council shall be composed of the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, the Secretary of Defense, and the Director of National Intelligence (acting through the Director of the National Security Agency).
Additional members— The President shall identify and appoint council members from public and private sector entities who oversee programs that generate, collect, or disseminate data or information related to the detection, identification, analysis, and monitoring of cybersecurity risks and cybersecurity threats, based on recommendations submitted by the Secretary of Homeland Security, the Secretary of Defense, and the Director of National Intelligence (acting through the Director of the National Security Agency).
Data streams— The council shall identify, designate, and periodically update programs that shall participate in or be interoperable with the information collaboration environment developed pursuant to subsection (a), which may include the following:
Network-monitoring and intrusion detection programs.
Cyber threat indicator sharing programs.
Certain government-sponsored network sensors or network-monitoring programs.
Incident response and cybersecurity technical assistance programs.
Malware forensics and reverse-engineering programs.
The defense industrial base threat intelligence program of the Department of Defense.
Data governance— The council shall establish a committee comprised of the privacy officers of the Department of Homeland Security, the Department of Defense, and the National Security Agency. Such committee shall establish procedures and data governance structures, as necessary, to protect sensitive data, comply with Federal regulations and statutes, and respect existing consent agreements with private sector critical infrastructure entities that apply to critical infrastructure information.
Recommendations— The council shall, as appropriate, submit recommendations to the President to support the operation, adaptation, and security of the information collaboration environment developed pursuant to subsection (a).
No additional activities authorized— Nothing in section may be construed to—
alter the responsibility of entities to follow guidelines issued pursuant to section 105(b) of the Cybersecurity Act of 2015 (6 U.S.C. 1504(b); enacted as division N of the Consolidated Appropriations Act, 2016 (Public Law 114–113)) with respect to data obtained by an entity in connection with activities authorized under the Cybersecurity Act of 2015 and shared through the information collaboration environment developed pursuant to subsection (a); or
authorize Federal or private entities to share information in a manner not already permitted by law.
Definitions— In this section:
Appropriate congressional committees— The term “appropriate congressional committees” means—
in the House of Representatives—
the Permanent Select Committee on Intelligence;
the Committee on Homeland Security;
the Committee on the Judiciary; and
the Committee on Armed Services; and
in the Senate—
the Select Committee on Intelligence;
the Committee on Homeland Security and Governmental Affairs;
the Committee on the Judiciary; and
the Committee on Armed Services.
Critical infrastructure— The term “critical infrastructure” has the meaning given such term in section 1016(e) of Public Law 107–56 (42 U.S.C. 5195c(e)).
Critical infrastructure information— The term “critical infrastructure information” has the meaning given such term in section 2222 of the Homeland Security Act of 2002 (6 U.S.C. 671).
Cyber threat indicator— The term “cyber threat indicator” has the meaning given such term in section 102(6) of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 (Public Law 114–113; 6 U.S.C. 1501(6))).
Cybersecurity risk— The term “cybersecurity risk” has the meaning given such term in section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659).
Cybersecurity threat— The term “cybersecurity threat” has the meaning given such term in section 102(5) of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated Appropriations Act, 2016 (Public Law 114–113; 6 U.S.C. 1501(5))).
Information sharing and analysis organization— The term “information sharing and analysis organization” has the meaning given such term in section 2222 of the Homeland Security Act of 2002 (6 U.S.C. 671).
Sec. 1632 Defense industrial base participation in a threat intelligence sharing program
Definition— In this section, the term “defense industrial base” means the worldwide industrial complex with capabilities to perform research and development, design, produce, deliver, and maintain military weapon systems, subsystems, components, or parts to meet military requirements.
Defense industrial base threat intelligence program—
In general— The Secretary of Defense shall establish a threat intelligence program to share with and obtain from the defense industrial base information and intelligence on threats to national security.
Program requirements— At a minimum, the Secretary of Defense shall ensure the threat intelligence sharing program established pursuant to paragraph (1) includes the following:
Cybersecurity incident reporting requirements that—
extend beyond current mandatory incident reporting requirements;
set specific timeframes for all categories of such mandatory incident reporting; and
create a single clearinghouse for all such mandatory incident reporting to the Department of Defense, including covered unclassified information, covered defense information, and classified information.
A mechanism for developing a shared and real-time picture of the threat environment.
Joint, collaborative, and co-located analytics.
Investments in technology and capabilities to support automated detection and analysis across the defense industrial base.
Coordinated intelligence sharing with relevant domestic law enforcement and counterintelligence agencies, in coordination, respectively, with the Director of the Federal Bureau of Investigation and the Director of National Intelligence.
A process for direct sharing of threat intelligence related to a specific defense industrial base entity with such entity.
Existing information sharing programs— The Secretary of Defense may utilize an existing Department of Defense information sharing program to satisfy the requirement under paragraph (1) if such existing program includes, or is modified to include, two-way sharing of threat information that is specifically relevant to the defense industrial base, including satisfying the requirements specified in paragraph (2).
Intelligence queries— As part of a threat intelligence sharing program under this subsection, the Secretary of Defense shall require defense industrial base entities holding a Department of Defense contract to consent to queries of foreign intelligence collection databases related to such entity as a condition of such contract.
Threat intelligence program participation—
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Prohibition on procurement— Beginning on the date that is than one 1 year after the date of the enactment of this Act, the Secretary of Defense may not procure or acquire, or extend or renew a contract to procure or acquire, any item, equipment, system, or service from any entity that is not a participant in—
the threat intelligence sharing program established pursuant paragraph (1) of subsection (b); or
a comparably widely-utilized threat intelligence sharing program described in paragraph (3) of such subsection.
Application to subcontractors— No entity holding a Department of Defense contract may subcontract any portion of such contract to another entity unless that second entity—
is a participant in a threat intelligence sharing program under this section; or
has received a waiver pursuant to subsection (d).
Implementation— In implementing the prohibition under paragraph (1), the Secretary of Defense—
may create tiers of requirements and participation within the applicable threat intelligence sharing program referred to in such paragraph based on—
an evaluation of the role of and relative threats related to entities within the defense industrial base; and
cybersecurity maturity model certification level; and
shall prioritize available funding and technical support to assist entities as is reasonably necessary for such entities to participate in a threat intelligence sharing program under this section.
Waiver authority—
Waiver— The Secretary of Defense may waive the prohibition under subsection (b)—
with respect to an entity or class of entities, if the Secretary determines that the requirement to participate in a threat intelligence sharing program under this section is unnecessary to protect the interests of the United States; or
at the request of an entity, if the Secretary determines there is compelling justification for such waiver.
Periodic reevaluation— The Secretary of Defense shall periodically reevaluate any waiver issued pursuant to paragraph (1) and promptly revoke any waiver the Secretary determines is no longer warranted.
Regulations—
Rulemaking authority— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall promulgate such rules and regulations as are necessary to carry out this section.
CMMC harmonization— The Secretary of Defense shall ensure that the threat intelligence sharing program requirements set forth in the rules and regulations promulgated pursuant to paragraph (1) consider an entity’s maturity and role within the defense industrial base, in accordance with the maturity certification levels established in the Department of Defense Cybersecurity Maturity Model Certification program.
Sec. 1633 Assistance for small manufacturers in the defense industrial supply chain on matters relating to cybersecurity
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.
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.
Use of financial assistance— Financial assistance under this section—
shall be used by a Center to provide small manufacturers with cybersecurity services relating to—
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
achieving compliance with the Cybersecurity Maturity Model Certification framework of the Department of Defense; and
may be used by a Center to employ trained personnel to deliver cybersecurity services to small manufacturers.
Biennial reports—
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In general— Not less frequently than once every two 2 years, the Secretary shall submit to the congressional defense committees, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Science, Space, and Technology of the House of Representatives a biennial report on financial assistance awarded under this section.
Contents— To the extent practicable, each report submitted under paragraph (1) shall include the following with respect to the years covered by the report:
The number of small manufacturing companies assisted.
A description of the cybersecurity services provided.
A description of the cybersecurity matters addressed.
An analysis of the operational effectiveness and cost-effectiveness of the cybersecurity services provided.
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Termination— The authority of the Secretary to award of financial assistance under this section shall terminate on the date that is five 5 years after the date of the enactment of this Act.
Definitions— In this section:
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)).
The term small manufacturer has the meaning given that tern in section 1644(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2224 note).
Sec. 1634 Defense industrial base cybersecurity threat hunting and sensing, discovery, and mitigation
Definition— In this section:
Defense industrial base— The term “defense industrial base” means the worldwide industrial complex with capabilities to perform research and development, design, produce, deliver, and maintain military weapon systems, subsystems, components, or parts to meet military requirements.
Advanced defense industrial base— The term “advanced defense industrial base” means any entity in the defense industrial base holding a Department of Defense contract that requires a cybersecurity maturity model certification of level 4 or higher.
Defense industrial base cybersecurity threat hunting study—
In general— Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a study of the feasibility and resourcing required to establish the Defense Industrial Base Cybersecurity Threat Hunting Program (in this section referred to as the “Program”) described in subsection (c).
Elements— The study required under paragraph (1) shall—
establish the resources necessary, governance structures, and responsibility for execution of the Program, as well as any other relevant considerations determined by the Secretary;
include a conclusive determination of the Department of Defense’s capacity to establish the Program by the end of fiscal year 2021; and
identify any barriers that would prevent such establishment.
Defense industrial base cybersecurity threat hunting program—
In general— Upon a positive determination of the Program’s feasibility pursuant to the study required under subsection (b), the Secretary of Defense shall establish the Program to actively identify cybersecurity threats and vulnerabilities within the information systems, including covered defense networks containing controlled unclassified information, of entities in the defense industrial base.
Program levels— In establishing the Program in accordance with paragraph (1), the Secretary of Defense shall develop a tiered program that takes into account the following:
The cybersecurity maturity of entities in the defense industrial base.
The role of such entities.
Whether each such entity possesses controlled unclassified information and covered defense networks.
The covered defense information to which such an entity has access as a result of contracts with the Department of Defense.
Program requirements— The Program shall—
include requirements for mitigating any vulnerabilities identified pursuant to the Program;
provide a mechanism for the Department of Defense to share with entities in the defense industrial base malicious code, indicators of compromise, and insights on the evolving threat landscape;
provide incentives for entities in the defense industrial base to share with the Department of Defense, including the National Security Agency’s Cybersecurity Directorate, threat and vulnerability information collected pursuant to threat monitoring and hunt activities; and
mandate a minimum level of program participation for any entity that is part of the advanced defense industrial base.
Threat identification program participation—
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Prohibition on procurement— If the Program is established pursuant to subsection (c), beginning on the date that is one 1 year after the date of the enactment of this Act, the Secretary of Defense may not procure or obtain, or extend or renew a contract to procure or obtain, any item, equipment, system, or service from any entity in the defense industrial base that is not in compliance with the requirements of the Program.
Implementation— In implementing the prohibition under paragraph (1), the Secretary of Defense shall prioritize available funding and technical support to assist affected entities in the defense industrial base as is reasonably necessary for such affected entities to commence participation in the Program and satisfy Program requirements.
Waiver authority—
Waiver— The Secretary of Defense may waive the prohibition under paragraph (1)—
with respect to an entity or class of entities in the defense industrial base, if the Secretary determines that the requirement to participate in the Program is unnecessary to protect the interests of the United States; or
at the request of such an entity, if the Secretary determines there is a compelling justification for such waiver.
Periodic reevaluation— The Secretary of Defense shall periodically reevaluate any waiver issued pursuant to subparagraph (A) and revoke any such waiver the Secretary determines is no longer warranted.
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Use of personnel and third-party third-Party threat hunting and sensing capabilities— In carrying out the Program, the Secretary of Defense may—
utilize Department of Defense personnel to hunt for threats and vulnerabilities within the information systems of entities in the defense industrial base that have an active contract with Department of Defense;
certify third-party providers to hunt for threats and vulnerabilities on behalf of the Department of Defense;
require the deployment of network sensing technologies capable of identifying and filtering malicious network traffic; or
employ a combination of Department of Defense personnel and third-party providers and tools, as the Secretary determines necessary and appropriate, for the entity described in paragraph (1).
Regulations—
Rulemaking authority— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall promulgate such rules and regulations as are necessary to carry out this section.
CMMC harmonization— In promulgating rules and regulations pursuant to paragraph (1), the Secretary of Defense shall consider how best to integrate the requirements of this section with the Department of Defense Cybersecurity Maturity Model Certification program.
Sec. 1637 Critical infrastructure cyber incident reporting procedures
added
added
In general— Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Director, and in consultation with Sector Risk Management Agencies and other appropriate Federal departments, shall, after notice and an opportunity for comment, establish requirements and a process for covered critical infrastructure entities to report a covered cybersecurity incident to the national cybersecurity and communications integration center of the Department of Homeland Security, in furtherance of its mission with respect to cybersecurity risks as set forth in section 2209.
added
Procedures— The cybersecurity incident reporting requirements and process described in subsection (a) shall, at a minimum, include—
added
a definition of covered critical infrastructure entities that are required to comply with the reporting requirements of this section, based on threshold criteria related to—
added
the likelihood that such entity may be targeted by a malicious cyber actor, including a foreign country;
added
consequences that disruption to or compromise of such entity could cause to national security, economic security, or public health and safety; and
added
maturity of security operations in detecting, investigating, and mitigating a cybersecurity incident;
added
criteria for the types and thresholds for a covered cybersecurity incident to be reported under this section, including the sophistication or novelty of the cyber attack, the type, volume, and sensitivity of the data at issue, and the number of individuals affected or potentially affected by a cybersecurity incident, subject to the limitations described in subsection (c); and
added
procedures to comply with reporting requirements pursuant to subsection (c).
added
Cybersecurity incident reporting requirements for covered critical infrastructure entities—
added
In general— A covered critical infrastructure entity, as defined by the Director pursuant to subsection (b),meets the requirements of this paragraph if, upon becoming aware that a covered cybersecurity incident, including an incident involving ransomware, social engineering, malware, or unauthorized access, has occurred involving any critical infrastructure system or subsystem of the critical infrastructure, the entity—
added
promptly reports such incident to the national cybersecurity and communications integration center, consistent with such requirements and process, as soon as practicable (but in no case later than 72 hours after the entity first becomes aware that the incident occurred); and
added
provides all appropriate updates to any report submitted under subparagraph (A).
added
Contents of report— Each report submitted under subparagraph (A) of paragraph (1) shall contain such information as the Director prescribes in the reporting procedures issued under subsection (a), including the following information with respect to any cybersecurity incident covered by the report:
added
The date, time, and time zone when the cybersecurity incident began, if known.
added
The date, time, and time zone when the cybersecurity incident was detected.
added
The date, time, and duration of the cybersecurity incident.
added
The circumstances of the cybersecurity incident, including the specific critical infrastructure systems or subsystems believed to have been accessed and information acquired, if any, as well as any interdependent systems that suffered damage, disruption, or were otherwise impacted by the incident.
added
Any planned and implemented technical measures to respond to and recover from the incident.
added
In the case of any report which is an update to a prior report, any additional material information relating to the incident, including technical data, as it becomes available.
added
Effect of other reporting— A covered critical infrastructure entity shall not be considered to have satisfied the reporting requirements set forth in subsection (c)(1) by reporting information required pursuant to subsection (c)(2) related to a covered cybersecurity incident to any person, agency or organization, including a law enforcement agency, other than to the Director using the incident reporting procedures establish by the national cybersecurity and communications integration center using the incident reporting procedures established by the Director pursuant to subsection (a).
added
Disclosure, retention, and use—
added
Authorized activities— Covered cybersecurity incidents and related reporting information provided to the Director pursuant to this section may not be disclosed to, retained by, or used by, consistent with otherwise applicable provisions of Federal law, any Federal agency or department, or any component, officer, employee, or agent of the Federal Government, except if the Director determines such disclosure, retention, or use is necessary for—
added
the purpose of identifying—
added
a cybersecurity threat as such term is defined insection 102(5) of the Cybersecurity Act of 2015 (contained in division N of the Consolidated Appropriations Act, 2016 (Public Law 114–113; 6 U.S.C. 1501)), including the source of such cybersecurity threat; or
added
a security vulnerability;
added
the purpose of responding to, or otherwise preventing or mitigating, a specific threat of death, serious bodily harm, or serious economic harm, including a terrorist act or a use of a weapon of mass destruction;
added
the purpose of responding to, investigating, prosecuting, or otherwise preventing or mitigating, a serious threat to a minor, including sexual exploitation and threats to physical safety; or
added
the purpose of preventing, investigating, disrupting, or prosecuting an offense arising out of a threat described in subparagraphs (B)–(C) (3) or any of the offenses listed in—
added
sections 1028 through 1030 of title 18, United States Code (relating to fraud and identity theft);
added
chapter 37 of such title (relating to espionage and censorship); and
added
chapter 90 of such title (relating to protection of trade secrets).
added
Exception— The Director may enter into an agreement with a federally funded research and development center or other research institution to provide information in an anonymized manner for the purpose of aggregating and analyzing cybersecurity incident data and other reported information for the limited purpose of better understanding the cyber threat landscape, subject to appropriate protections for information and removal of any unnecessary personal or identifying information.
added
Privacy and civil liberties— Covered cybersecurity incidents and related reporting information provided to the Director pursuant to this section shall be retained, used, and disseminated, where permissible and appropriate, by the Federal Government—
added
in a manner that protects from unauthorized use or disclosure any information reported under this section that may contain—
added
personal information of a specific individual; or
added
information that identifies a specific individual; and
added
in a manner that protects the confidentiality of information reported under this section containing—
added
personal information of a specific individual; or
added
information that identifies a specific individual.
added
Federal regulatory authority— Information regarding a covered cybersecurity incident and related reporting information provided to the Director pursuant to this section may not be used by any Federal, State, Tribal, or local government to regulate, including through an enforcement action, the lawful activities of any non-Federal entity.
added
Limitation— The Director may not set criteria or develop procedures pursuant to this Act that require a covered critical infrastructure entity, identified pursuant to subsection (b)(1), to report on any cybersecurity incident unless such incident—
added
causes a loss in the confidentiality, integrity, or availability of proprietary, sensitive, or personal information;
added
results in a disruption or otherwise inhibits the ability of an entity to deliver services or conduct its primary business activity; or
added
was carried out by a foreign country, or where there is reason to believe a foreign country was involved in such incident.
added
Definitions— In this section:
added
Covered critical infrastructure entity— The term “covered critical infrastructure entity” is an entity that owns, operates, supports, or maintains critical infrastructure which meets the definition set forth by the Director pursuant to subsection (b)(1).
added
Covered cybersecurity incident— The term “covered cybersecurity incident” means a cybersecurity incident experienced by a covered critical infrastructure entity that meets the definition and criteria set forth by the Director in the procedures prescribed pursuant to subsection (b)(2), subject to the limitations in subsection (f) that involve, at a minimum, an incident that—
added
Critical infrastructure— The term “critical infrastructure” has the meaning given that term in section 2(4) of the Homeland Security Act of 2002 (Public Law 107–196; 6 U.S.C. 101(4)).
added
Cybersecurity risk— The term “cybersecurity risk” has the meaning given that term in section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659).
added
Department— The term “Department” means the Department of Homeland Security.
added
Director— The term “Director” means the Director of the Cybersecurity and Infrastructure Security Agency of the Department.
added
National cybersecurity and communications integration center— The term “national cybersecurity and communications integration center” or “Center” means the national cybersecurity and communications integration center described in section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659).
added
Secretary— The term “Secretary” means the Secretary of Homeland Security.
added
Sector specific agency— The term “Sector Specific Agency” has the meaning given that term in section 2201(5) of the Homeland Security Act of 2002 (6 U.S.C. 651(5)).
Sec. 1638 Funding for National Center for Hardware and Embedded Systems Security and Trust
added
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4201 for research, development, test, and evaluation, Air Force, as specified in the corresponding funding table in section 4201, for Aerospace Sensors, line 009, is hereby increased by $3,000,000 for the National Center for Hardware and Embedded Systems Security and Trust.
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 1402 for chemical agents and munitions destruction, as specified in the corresponding funding table in section 4501, for Chem Demilitarization—RDT&E, is hereby reduced by $3,000,000.
Sec. 1639 Strengthening Federal networks
added
added
Authority— Section 3553(b) of title 44, United States Code, is amended—
added
in paragraph (6)(D), by striking “; and” at the end and inserting a semicolon;
added
by redesignating paragraph (7) as paragraph (8); and
added
by inserting after paragraph (6) the following new paragraph:
added “(7) hunting for and identifying, with or without advance notice, threats and vulnerabilities within Federal information systems; and”
added
Binding operational directive— Not later than 1 year after the date of the enactment of this section, the Secretary of Homeland Security shall issue a binding operational directive pursuant to subsection (b)(2) of section 3553 of title 44, United States Code, to implement paragraph (7) of section 3553(b) of title 44, United States Code, as added by subsection (a).
Sec. 1640 DOD Cyber Hygiene and Cybersecurity Maturity Model Certification Framework
added
added
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 and the Comptroller General of the United States a report on the cyber hygiene practices of the Department of Defense and the extent to which such practices are effective at protecting Department missions, information, system and networks. The report shall include the following:
added
An assessment of each Department component’s compliance with the requirements and levels identified in the Cyber Maturity Model Certification framework.
added
For each Department component that does not achieve the requirements for “good cyber hygiene” as defined in CMMC Model Version 1.02, a plan for how that component will implement security measures to bring it into compliance with good cyber hygiene requirements within 1 year, and a strategy for mitigating potential vulnerabilities and consequences until such requirements are implemented.
added
Comptroller general report required— Not later than 180 days after the submission of the report required under subsection (a), 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.
Sec. 1640A Subpoena authority
added
added
In general— Section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) is amended—
added
in subsection (a)—
added
by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively;
added
by inserting before paragraph (2), as so redesignated, the following new paragraph:
added “(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);”
added
in paragraph (6), as so redesignated, by striking “and” at the end;
added
by redesignating paragraph (7), as so redesignated, as paragraph (8); and
added
by inserting after paragraph (6), as so redesignated, the following new paragraph:
added “(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”
added
in subsection (c)—
added
in paragraph (10), by striking “and” at the end;
added
in paragraph (11), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following new paragraph:
added “(12) detecting, identifying, and receiving information for a cybersecurity purpose about security vulnerabilities relating to critical infrastructure in information systems and devices.”
added
by adding at the end the following new subsection:
added “(o) Subpoena authority
added “(1) Definition—In this subsection, the term “covered device or system”—
added “(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
added “(B) does not include personal devices and systems, such as consumer mobile devices, home computers, residential wireless routers, or residential internet enabled consumer devices.
added “(2) Authority
added “(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).
added “(B) Limit on information—A subpoena issued pursuant to subparagraph (A) may seek information—
added “(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
added “(ii) for not more than 20 covered devices or systems.
added “(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).
added “(3) Coordination
added “(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.
added “(B) Contents—The inter-agency procedures developed under this paragraph shall provide that a subpoena issued by the Director under this subsection shall be—
added “(i) issued to carry out a function described in subsection (c)(12); and
added “(ii) subject to the limitations specified in this subsection.
added “(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.
added “(5) Notice—Not later than 7 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.
added “(6) Authentication
added “(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.
added “(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.
added “(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:
added “(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—
added “(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;
added “(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;
added “(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
added “(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.
added “(B) The restriction on the use of information obtained through such a subpoena for a cybersecurity purpose.
added “(C) The retention and destruction of nonpublic information obtained through such a subpoena, including—
added “(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
added “(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.
added “(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.
added “(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.
added “(F) The information to be provided to an entity at risk at the time of the notice of the vulnerability, which shall include—
added “(i) a discussion or statement that responding to, or subsequent engagement with, the Agency, is voluntary; and
added “(ii) to the extent practicable, information regarding the process through which the Director identifies security vulnerabilities.
added “(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.
added “(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—
added “(A) review the internal procedures established pursuant to paragraph (7) to ensure that—
added “(i) such procedures are consistent with fair information practices; and
added “(ii) the operations of the Agency comply with such procedures; and
added “(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).
added “(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:
added “(A) Such internal procedures.
added “(B) The purpose for subpoenas issued pursuant to this subsection.
added “(C) The subpoena process.
added “(D) The criteria for the critical infrastructure security risk assessment conducted prior to issuing a subpoena.
added “(E) Policies and procedures on retention and sharing of data obtained by subpoenas.
added “(F) Guidelines on how entities contacted by the Director may respond to notice of a subpoena.
added “(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:
added “(A) A discussion of the following:
added “(i) The effectiveness of the use of such subpoenas to mitigate critical infrastructure security vulnerabilities.
added “(ii) The critical infrastructure security risk assessment process conducted for subpoenas issued under this subsection.
added “(iii) The number of subpoenas so issued during the preceding year.
added “(iv) To the extent practicable, the number of vulnerable covered devices or systems mitigated under this subsection by the Agency during the preceding year.
added “(v) The number of entities notified by the Director under this subsection, and their responses, during the preceding year.
added “(B) For each subpoena issued pursuant to this subsection, the following:
added “(i) Information relating to the source of the security vulnerability detected, identified, or received by the Director.
added “(ii) Information relating to the steps taken to identify the entity at risk prior to issuing the subpoena.
added “(iii) A description of the outcome of the subpoena, including discussion on the resolution or mitigation of the critical infrastructure security vulnerability.
added “(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.
added “(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.”
added
Rules of construction—
added
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.
added
Private entities— Nothing in this section or the amendments made by this section may be construed to require any private entity to—
added
to request assistance from the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security; or
added
implement any measure or recommendation suggested by the Director.
Sec. 1640B Extension of sunset for pilot program on regional cybersecurity training center for the Army National Guard
addedadded 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”.
Sec. 1640C CISA Cybersecurity Support to Agencies
addedadded Section 3553(b) of title 44, United States Code, is amended—
added
in paragraph (6)(D), by striking “; and” at the end and inserting a semicolon;
added
by redesignating paragraph (7) as paragraph (8);
added
by inserting after paragraph (6) the following new paragraph:
added “(7) upon request by an agency, and at the Secretary’s discretion, with or without reimbursement—
added “(A) providing services, functions, or 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
added “(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, and analyzing information; and”
Sec. 1640D Establishment in DHS of joint cyber planning office
added
added
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:
added “2215. Joint cyber planning office
added “(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 Deputy Assistant Director of Joint Cyber Planning (in this section referred to as the “Director”) within the Cybersecurity Division.
added “(b) Planning and execution—In leading the development of plans for cyber defense operations pursuant to subsection (a), the Director shall—
added “(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;
added “(2) leverage cyber capabilities and authorities of participating Federal departments and agencies, as appropriate, in furtherance of plans for cyber defense operations;
added “(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;
added “(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;
added “(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;
added “(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
added “(7) support public and private sector entities, as appropriate, in the execution of plans developed pursuant to this section.
added “(c) Composition—The Office shall be composed of—
added “(1) a central planning staff; and
added “(2) appropriate representatives of Federal departments and agencies, including—
added “(A) the Department;
added “(B) United States Cyber Command;
added “(C) the National Security Agency;
added “(D) the Federal Bureau of Investigation;
added “(E) the Department of Justice; and
added “(F) the Office of the Director of National Intelligence.
added “(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—
added “(1) State, local, federally-recognized Tribal, and territorial governments;
added “(2) information sharing and analysis organizations, including information sharing and analysis centers;
added “(3) owners and operators of critical information systems;
added “(4) private entities; and
added “(5) other appropriate representatives or entities, as determined by the Secretary.
added “(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.
added “(f) Definitions—In this section:
added “(1) Cyber defense operation—The term “cyber defense operation” means defensive activities performed for a cybersecurity purpose.
added “(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)).
added “(3) Cybersecurity risk; incident—The terms “cybersecurity risk” and “incident” have the meanings given such terms in section 2209.
added “(4) Information sharing and analysis organization—The term “information sharing and analysis organization” has the meaning given such term in section 2222(5).”
added
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. 1640E Implementation of certain cybersecurity recommendations; cyber hygiene and Cybersecurity Maturity Model Certification Framework
added
added
Report 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 submit to the congressional defense committees a report regarding the plans of the Secretary to implement certain cybersecurity recommendations to ensure—
added
the Chief Information Officer of the Department of Defense takes appropriate steps to ensure implementation of DC3I tasks;
added
Department components develop plans with scheduled completion dates to implement any remaining CDIP tasks overseen by the Chief Information Officer;
added
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;
added
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;
added
the Chief Information Officer ensures all Department components, including DARPA, require their users to take Cyber Awareness Challenge training;
added
a Department component is directed to monitor the extent to which practices are implemented to protect the Department’s network from key cyberattack techniques; and
added
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—
added
cybersecurity practices identified in cyber hygiene initiatives; and
added
cyber hygiene practices to protect Department networks from key cyberattack techniques.
added
Report on cyber hygiene and Cybersecurity Maturity Model Certification Framework—
added
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 and the Comptroller General of the United States a report on the cyber hygiene practices of the Department of Defense and the extent to which such practices are effective at protecting Department missions, information, system and networks. The report shall include the following:
added
An assessment of each Department component’s compliance with the requirements and levels identified in the Cybersecurity Maturity Model Certification framework.
added
For each Department component that does not achieve the requirements for “good cyber hygiene” as defined in CMMC Model Version 1.02, a plan for how that component will implement security measures to bring it into compliance with good cyber hygiene requirements within one year, and a strategy for mitigating potential vulnerabilities and consequences until such requirements are implemented.
added
Comptroller General review— 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.
Sec. 1640F Biennial national cyber exercise
added
added
Requirement— Not later than December 31, 2023, and not less frequently than once every 2 years thereafter until a date that is not less than 10 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Defense, shall conduct an exercise to test the resilience, response, and recovery of the United States in the case of a significant cyber attack impacting critical infrastructure.
added
Planning and preparation— Each exercise under subsection (a) shall be coordinated through the Joint Cyber Planning Office of the Cybersecurity and Infrastructure Security Planning Agency and prepared by expert operational planners from the Department of Homeland Security, in coordination with the Department of Defense, the Federal Bureau of Investigation, and the appropriate intelligence community elements, as identified by the Director of National Intelligence.
added
Participants—
added
Federal Government participants— The following shall participate in each exercise under subsection (a):
added
Relevant interagency partners, as determined by the Secretary, including relevant interagency partners from—
added
law enforcement agencies; and
added
the intelligence community.
added
Senior leader representatives from sector-specific agencies, as determined by the Secretary.
added
State and local governments— The Secretary shall invite representatives from State, local, and Tribal governments to participate the exercises under subsection (a) if the Secretary determines such participation to be appropriate.
added
Private sector— Depending on the nature of an exercise being conducted under subsection (a), the Secretary, in consultation with the senior leader representative of the sector-specific agencies participating in such exercise pursuant to paragraph (1)(A)(ii), shall invite the following individuals to participate:
added
Representatives from private entities.
added
Other individuals that the Secretary determines.
added
International partners— Depending on the nature of an exercise being conducted under subsection (a), the Secretary may, in consultation with the Secretary of Defense and the Secretary of State, invite allies and partners of the United States to participate in such exercise.
added
Observers— The Secretary shall invite appropriately cleared representatives from the executive and legislative branches of the Federal Government to observe an exercise under subsection (a).
added
Elements— Each exercise under subsection (a) shall include the following elements:
added
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 and control and deconfliction of operational responses through the National Security Council, interagency coordinating processes and response groups, and each participating department and agency of the Federal Government.
added
Testing of the information-sharing needs and capabilities of exercise participants.
added
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.
added
Test the coordination between Federal, State, local, and Tribal governments and private entities.
added
Exercising the integration of operational capabilities of the Department of Homeland Security, the Cyber National Mission Force, Federal law enforcement, and the intelligence community.
added
Test relevant information sharing and operational agreements.
added
Exercising integrated operations, mutual support, and shared situational awareness of the cybersecurity operations centers of the Federal Government, including the following:
added
The Cybersecurity and Infrastructure Security Agency.
added
The Cyber Threat Operations Center of the National Security Agency.
added
The Joint Operations Center of United States Cyber Command.
added
The Cyber Threat Intelligence Integration Center of the Office of the Director of National Intelligence.
added
The National Cyber Investigative Joint Task Force of the Federal Bureau of Investigation.
added
The Defense Cyber Crime Center of the Department of Defense.
added
The Intelligence Community Security Coordination Center of the Office of the Director of National Intelligence.
added
Briefing—
added
In general— Not later than 180 days after the date on which each exercise under subsection (a) is conducted, the President shall submit to the appropriate congressional committees a briefing on the participation of the Federal Government participants in each such exercise.
added
Contents— Each briefing required under paragraph (1) shall include the following:
added
An assessment of the decision and response gaps observed in the national level response.
added
Proposed recommendations to improve the resilience, response, and recovery in the case of a significant cyber attack impacting critical infrastructure.
added
Plans to implement the recommendations described in subparagraph (B).
added
Specific timelines for the implementation of such plans.
added
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.
added
National Cyber Exercise Program—
added
In general— Not later than 180 days after the date of the enactment of this section, the Director, in consultation with appropriate representatives from sector-specific agencies, the cybersecurity research community, and Sector Coordinating Councils, shall carry out the National Cyber Exercise Program (referred to in this section as the “Exercise Program”) to evaluate the National Cyber Incident Response Plan, and other related plans and strategies.
added
Requirements—
added
In general— The Exercise Program shall be—
added
as realistic as practicable, based on current risk assessments, including credible threats, vulnerabilities, and consequences;
added
designed, as practicable, to simulate the partial or complete incapacitation of a State, local, or tribal government, or related critical infrastructure, resulting from a cyber incident;
added
carried out, as appropriate, with a minimum degree of notice to involved parties regarding the timing and details of such exercises, consistent with safety considerations;
added
designed to provide for the systematic evaluation of cyber readiness and enhance operational understanding of the cyber incident response system and relevant information sharing agreements; and
added
designed to promptly develop after-action reports and plans that can be quickly incorporating lessons learned into future operations.
added
Model exercise selection— The Exercise Program shall include a selection of model exercises that State, local, and Tribal governments can readily adapt for use and aid such governments with the design, implementation, and evaluation of exercises that—
added
conform to the requirements under subparagraph (A);
added
are consistent with any applicable State, local, or Tribal strategy or plan; and
added
provide for systematic evaluation of readiness.
added
Definitions— In this section:
added
Appropriate congressional committees— The term appropriate congressional committees means—
added
the Committee on Armed Services of the Senate;
added
the Committee on Armed Services of the House of Representatives;
added
the Committee on Homeland Security and Governmental Affairs of the Senate; and
added
the Committee on Homeland Security of the House of Representatives.
added
Critical infrastructure— The term critical infrastructure has the meaning given such term in section 1016(e) of Public Law 107–56 (42 U.S.C. 5195c(e)).
added
Intelligence community— The term intelligence community has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
added
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).
added
Secretary— The term Secretary means the Secretary of Homeland Security.
added
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).
added
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.
Sec. 1643 Independent studies on nuclear weapons programs of certain foreign states
Study— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to conduct a study on the nuclear weapons programs of covered foreign countries.
Matters included— The study under subsection (a) shall compile open-source data to conduct an analysis of the following for each covered foreign country:
The activities, budgets, and policy documents, regarding the nuclear weapons program.
The known research and development activities with respect to nuclear weapons.
The inventories of nuclear weapons and delivery vehicles with respect to both deployed and nondeployed weapons.
The capabilities of such nuclear weapons and delivery vehicles.
The physical sites used for nuclear processing, testing, and weapons integration.
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.
The known deployment areas for nuclear weapons.
Information with respect to the nuclear command and control system.
The factors and motivations driving the nuclear weapons program and the nuclear command and control system.
Any other information that the federally funded research and development center determines appropriate.
changed
Submission to DOD— Not later than 14 months after the date of the enactment of this Act, and each year thereafter for the following two 2 years, the federally funded research and development center shall submit to the Secretary the study under subsection (a) and any updates to the study.
Submission to Congress— Not later than 30 days after the date on which the Secretary receives the study under subsection (a) or updates to the study, the Secretary shall submit to the appropriate congressional committees the study or such updates, without change.
Public release— The federally funded research and development center shall maintain an internet website on which the center—
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
provides on an ongoing basis commentaries, analyses, updates, and other information regarding the nuclear weapons of covered foreign countries.
Form— The study under subsection (a) shall be in unclassified form.
changed
Modification to report on nuclear forces of the United States and near-peer near-Peer countries— Section 1676 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1778) is amended—
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
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.”
Definitions— In this section:
The term “appropriate congressional committees” means—
the congressional defense committees;
the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and
the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.
The term “covered foreign country” means each of the following:
China.
North Korea.
Russia.
The term “open-source data” includes data derived from, found in, or related to any of the following:
Geospatial information.
Seismic sensors.
Commercial data.
Public government information.
Academic journals and conference proceedings.
Media reports.
Social media.
Sec. 1644 Role of Secretary of Defense and Secretary of Energy on Nuclear Weapons Council
added
added
Membership— Subsection (a) of section 179 of title 10, United States Code, is amended—
added
by redesignating paragraphs (1) through (6) as paragraphs (3) through (8), respectively; and
added
by inserting before paragraph (3), as so redesignated, the following new paragraphs:
added “(1) The Secretary of Defense.
added “(2) The Secretary of Energy.”
added
Chairman; meetings— Subsection (b) of section 179 of title 10, United States Code, is amended to read as follows:
added “(b) Chairman; meetings
added “(1) The Council shall be co-chaired by the Secretary of Defense and the Secretary of Energy. Any reference in any statute or regulation to the Chairman of the Council shall be deemed to be a reference to the Secretary of Defense and the Secretary of Energy jointly.
added “(2) The Council shall meet not less often than once every three months. To the extent possible, not later than seven days before a meeting, the Chairman shall disseminate to each member of the Council the agenda and documents for such meeting.”
Sec. 1645 Limitation on availability of funds relating to updates on meetings held by Nuclear Weapons Council
addedadded Section 179(g) of title 10, United States Code, is amended to read as follows:
added “(g) Semiannual updates on Council meetings
added “(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—
added “(A) the dates on which the Council met; and
added “(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.
added “(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.
added “(3) The Council may provide a semiannual update under paragraph (1) either in the form of a briefing or a written report.
added “(4)
added “(A) If by February 1 of any year the Council has not provided the semiannual update under paragraph (1) required by that date, not more than 50 percent of the funds authorized to be appropriated for that year for the Office of the Under Secretary of Defense for Acquisition and Sustainment may be obligated or expended until the date on which such semiannual update has been provided.
added “(B) If by August 1 of any year the Council has not provided the semiannual update under paragraph (1) required by that date, not more than 90 percent of the funds authorized to be appropriated for that year for the Office of the Under Secretary of Defense for Acquisition and Sustainment may be obligated or expended until the date on which such semiannual update has been provided.”
Sec. 1646 Briefing on nuclear weapons storage and maintenance facilities of the Air Force
addedadded Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall provide to the congressional defense committees a briefing on the efforts by the Secretary to harden and modernize the nuclear weapons storage and maintenance facilities of the Air Force. The briefing shall include the plans of the Secretary with respect to the following:
added
Verifying that the Air Force is deploying tested and field-proven physical security designs of such facilities, including with respect to forced entry, blast and ballistic resistant barrier systems, that incorporate multiple reactive countermeasures for protection against the dedicated adversary threat classification level.
added
Streamlining the procurement of the infrastructure to protect ground-based strategic deterrent weapons by ensuring that the physical security designs of such facilities are appropriately tailored to the threat.
added
Ensuring that competitive procedures are used in awarding a contract for the physical security design of such facilities that include a fair consideration of such designs that are successfully used at other similar facilities.
added
Ensuring that the physical security design for which such contract is awarded—
added
meets the security requirements of all planned modernization projects for the nuclear weapons storage and maintenance facilities of the Air Force; and
added
do not result in higher and additional costs to shore up existing infrastructure at such facilities.
Sec. 1656 Analysis of alternatives for homeland missile defense missions
Analysis of alternatives—
Requirement— Not later than 90 days after the date of the enactment of this Act, the Director of Cost Assessment and Program Evaluation, in coordination with the Secretary of the Navy, the Secretary of the Army, and the Director of the Missile Defense Agency, shall conduct an analysis of alternatives with respect to a complete architecture for using the regional terminal high altitude area defense system and the Aegis ballistic missile defense system to conduct homeland defense missions.
Scope— The analysis of alternatives under paragraph (1) shall include the following:
The sensors needed for the architecture described in such paragraph.
changed
An assessment of the locations of each system included in the analysis to provide similar coverage as the ground-based midcourse defense system, including, with respect to such systems that are land-based, by giving preference to locations with completed environmental impact analyses conducted pursuant to section 227 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112– 239; 112–239; 126 Stat. 1678), to the extent practicable.
The acquisition objectives for interceptors of the terminal high altitude area defense system and standard missile–3 interceptors for homeland defense purposes.
Any improvements needed to the missile defense system command and control, battle management, and communications system.
The manning, training, and sustainment needed to support such architecture.
A detailed schedule for the development, testing, production, and deployment of such systems.
A lifecycle cost estimate of such architecture.
A comparison of the capabilities, costs, schedules, and policies with respect to—
deploying regional systems described in subsection (a) to conduct homeland defense missions; and
deploying future ground-based midcourse defense systems for such missions.
Submission— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report containing—
the analysis of alternatives under paragraph (1); and
a certification by the Secretary that such analysis is sufficient.
Assessment— Not later than February 28, 2021, the Director of the Defense Intelligence Agency, and the head of any other element of the intelligence community that the Secretary of Defense determines appropriate, shall submit to the congressional defense committees an assessment of the following:
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.
How such near-peer foreign countries and rogue nations would likely respond to such deployments.
Sec. 1657 Next generation interceptors
changed
Notification of changed requirements— During the acquisition and development process of the next generation interceptor program, not later than seven 7 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.
Briefing on contract— Not later than 14 days after the date on which the Director awards a contract for the next generation interceptor, the Director shall provide the congressional defense committees a briefing on such contract, including with respect to the cost, schedule, performance, and requirements of the contract.
changed
Report on ground-based ground-Based midcourse defense system—
Requirement— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Under Secretary of Defense for Policy, the Director of the Missile Defense Agency, and the Commander of the United States Northern Command, shall submit to the congressional defense committees a report on the ground-based midcourse defense system.
Matters included— The report under paragraph (1) shall include the following:
An explanation of how contracts in existence as of the date of the report could be used to reestablish improvements and sustainment for kill vehicles and boosters for the ground-based midcourse defense system.
An explanation of how such system could be improved through service life extensions or pre-planned product improvements to address some of the requirements of the next generation interceptor by 2026, including an identification of the costs, schedule, and any risks.
A description of the costs and schedule with respect to restarting booster production to field 20 additional interceptors by 2026.
An analysis of policy implications with respect to the requirements for the ground-based midcourse defense system.
Sec. 1674 Limitation on availability of funds relating to reports on missile systems and arms control treaties
added
added
Limitation—
added
In general— Beginning on October 1, 2020, if the Secretary of Defense has not submitted the covered reports, not more than 25 percent of the funds specified in paragraph (2) may be obligated or expended until the date on which the covered reports have been submitted.
added
Funds specified— The funds specified in this paragraph are the funds authorized to be appropriated by the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 or otherwise made available for fiscal year 2021 for the immediate office of the Secretary of Defense.
added
Covered reports defined— In this section, the term “covered reports” means—
added
the report under section 1698(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1792); and
added
the assessment under section 1236(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1650).
Sec. 1675 Cybersecurity and Infrastructure Security Agency review
added
added
In general— The Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall conduct a review of the ability of the Cybersecurity and Infrastructure Security Agency to carry out its mission requirements, as well as the recommendations detailed in the U.S. Cyberspace Solarium Commission’s Report regarding the Agency.
added
Elements of review— The review conducted in accordance with subsection (a) shall include the following elements:
added
An assessment of how additional budget resources could be used by the Cybersecurity and Infrastructure Security Agency for projects and programs that—
added
support the national risk management mission;
added
support public and private-sector cybersecurity;
added
promote public-private integration; and
added
provide situational awareness of cybersecurity threats.
added
A force structure assessment of the Cybersecurity and Infrastructure Security Agency, including—
added
a determination of the appropriate size and composition of personnel to carry out the mission requirements of the Agency, as well as the recommendations detailed in the U.S. Cyberspace Solarium Commission’s Report regarding the Agency;
added
as assessment of whether existing personnel are appropriately matched to the prioritization of threats in the cyber domain and risks to critical infrastructure;
added
an assessment of whether the Agency has the appropriate personnel and resources to—
added
perform risk assessments, threat hunting, and incident response to support both private and public cybersecurity;
added
carry out its responsibilities related to the security of Federal information and Federal information systems (as such term is defined in section 3502 of title 44, United States Code); and
added
carry out its critical infrastructure responsibilities, including national risk management;
added
an assessment of whether current structure, personnel, and resources of regional field offices are sufficient to carry out Agency responsibilities and mission requirements; and
added
an assessment of current Cybersecurity and Infrastructure Security Agency facilities, including a review of the suitability of such facilities to fully support current and projected mission requirements nationally and regionally, and recommendations regarding future facility requirements.
added
Submission of review— Not later than 1 year after the date of the enactment of this Act, the Secretary 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 a report detailing the result of the review conducted in accordance with subsection (a), including recommendations to address any identified gaps.
added
General Services Administration review—
added
Submission of assessment— Upon submission to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate of the report required under subsection (c), the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security shall submit to the Administrator of the General Services Administration the results of the assessment required under subsection (b)(2)(E).
added
Review— The Administrator of the General Services Administration shall—
added
conduct a review of Cybersecurity and Infrastructure Security Agency assessment required under subsection (b)(2)(E); and
added
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 Federal departments and agencies.
added
Submission of review— Not later than 30 days after receipt of the assessment under paragraph (1), the Administrator of the General Services Administration shall submit to the President, the Secretary of Homeland Security, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives the review required under paragraph (2).
Sec. 1701 Review of support of special operations to combat terrorism
Review— The Comptroller General of the United States shall conduct a review of all support provided, or planned to be provided, under section 127e of title 10, United States Code. Such review shall include an analysis of each of the following:
changed
The strategic alignment between such support and relevant Executive Orders, orders, global campaign plans, theatre campaign plans, execute orders, and other guiding documents for currency, relevancy, and efficacy.
The extent to which United States Special Operations Command has the processes and procedures to manage, integrate, and synchronize the authority under section 127e of title 10, United States Code, in support of the objectives and priorities specified by the documents listed in (a)(1) as well as the objectives and priorities of—
the geographic combatant commands;
theatre elements of United States Special Operations Command;
relevant chiefs of mission and other appropriate positions in the Department of State; and
any other interagency organization affected by the use of such authority.
For the activities carried out pursuant to such authority, the extent to which United States Special Operations Command has the processes and procedures to—
determine the professionalism, cohesion, and institutional capacity of the military in the country where forces receiving support are based;
determine the adherence of the forces receiving support to human rights norms and the laws of armed conflict;
establish measures of effectiveness;
assess such activities against established measures of effectiveness as identified in subparagraph (C);
establish criteria to determine the successful completion of such activities;
deconflict and synchronize activities conducted under such authority with other relevant funding authorities;
deconflict and synchronize activities conducted under such authorities with other relevant activities conducted by organizations related to, but outside the purview of, the Department of Defense; and
track the training, support, and facilitation provided to forces receiving support, and the significant activities undertaken by such forces as a result of such training, support, and facilitation.
The extent to which United States Special Operations Command has processes and procedures to manage the sunset, termination, or transition of activities carried out pursuant to such authority, including—
accountability with respect to equipment provided; and
integrity of the tactics, techniques, and procedures developed.
The extent to which United States Special Operations Command has and uses processes and procedures to—
report to Congress biannually on the matters referred to in paragraph (3); and
notify Congress with respect to the intent to sunset, terminate, or transition activities carried out pursuant to such authority.
Any other issues the Comptroller General determines appropriate with respect to the authority under section 127e of title 10, United States Code.
Briefing— Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall provide for the Committees on Armed Services of the Senate and House of Representatives a briefing on the progress of the review required under subsection (a).
changed
Report— Not later than one 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the findings of the review required under subsection (a) and the recommendations of the Comptroller General pursuant to such review.
Support defined— In this section, the term “support” includes—
personnel who provide capacity for—
training and equipment;
training, advice, and assistance; or
advice, assistance, and accompaniment capacity;
financial assistance; and
equipment and weapons.
Sec. 1702 FFRDC study of explosive ordnance disposal agencies
changed
In general— The Secretary of Defense shall enter into an agreement with a federally funded research and development corporation under which such corporation shall conduct a study of the responsibilities, authorities, policies, programs, resources, organization, and activities of the explosive ordnance disposal agencies of the Department of Defense, Defense Agencies, and military departments.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, United States Army EOD Association, United States Bomb Technician Association and the EOD Warrior Foundation.
Elements of study— The study conducted under subsection (a) shall include, for the Department of Defense, each Defense Agency, and each the military departments, each of the following:
An identification and evaluation of—
technology research, development, and acquisition activities related to explosive ordnance disposal, including an identification and evaluation of—
current and future technology and related industrial base gaps; and
any technical or operational risks associated with such technology or related industrial base gaps;
recruiting, training, education, assignment, promotion, and retention of military and civilian personnel with responsibilities relating to explosive ordnance disposal;
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
the demand for, and activities conducted in support of, domestic and international military explosive ordnance disposal operations, including—
support provided to Department of Defense agencies and other Federal agencies; and
an identification and assessment of risk associated with the prioritization and availability of explosive ordnance disposal support among supported agencies and operations.
Recommendations, if any, for changes to—
the organization and distribution of responsibilities and authorities relating to explosive ordnance disposal;
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
changed
resource investment strategies and technology prioritization for explosive ordnance disposal, including science and technology, prototyping, experimentation, test and evaluation, and related five-year 5-year funding profiles.
Report to Congress—
In general— Not later than August 31, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the study conducted under subsection (a). Such report shall include the comments on the study, if any, of the Secretary of Defense, the directors of each of the Defense Agencies, and the Secretaries of each of the military departments.
Form of report— The report submitted under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
Sec. 1705 Study on Chinese policies and influence in the development of international standards for emerging technologies
In general— Not later than 180 days after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall enter into an agreement with an appropriate non-governmental entity with relevant expertise, as determined by the Director, to conduct a study and make recommendations with respect to the impact of the policies of the People’s Republic of China and coordination among industrial entities within the People’s Republic of China on international bodies engaged in developing and setting international standards for emerging technologies. The study may include—
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;
an assessment of the impact of the standardization strategy of the People’s Republic of China, as identified in the “Chinese Standard 2035” on international bodies engaged in developing and setting standards for select emerging technologies, such as advanced communication technologies or cloud computing and cloud services;
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;
an examination of how the previous practices that the People’s Republic of China has utilized while participating in international standards setting organizations may foretell how the People’s Republic of China will engage in international standardization activities of critical technologies like artificial intelligence and quantum information science, and what may be the consequences;
recommendations on how the United States can take steps to mitigate influence of the People’s Republic of China and bolster United States public and private sector participation in international standards-setting bodies; and
any other areas the Director, in consultation with the entity selected to conduct the study, believes is important to address.
changed
Report to congress— The agreement entered into under subsection (a) shall require the entity conducting the study to, not later than two 2 years after the date of the enactment of this Act—
submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings and recommendations of the review conducted under subsection (a); and
make a copy of such report available on a publicly accessible website.
Sec. 1706 Sense of Congress and strategy on catastrophic critical infrastructure failure response
added
added
Sense of Congress— It is the sense of Congress that—
added
the occurrence of a catastrophic critical infrastructure failure event, in which key networks facilitating the delivery of essential services such as electricity, water, or communications fail for an extended duration, would constitute a significant threat to the national security and common welfare of the United States;
added
such a catastrophic critical infrastructure failure event could occur by various means, including but not limited to those linked to natural phenomenon (including earthquakes, hurricanes, or geomagnetic disturbances) or military conflict (including cyberattacks, electromagnetic pulse effects, or kinetic assault); and
added
the Department of the Defense should strengthen its preparedness for catastrophic critical infrastructure failure events, including with respect to preemptive infrastructure enhancements, the facilitation of resiliency and relief efforts in the aftermath thereto, and the mitigation of impacts of such an event on activities of the Department.
added
Strategy—
added
In general— 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 a report that includes an analysis of each of the following:
added
Particular threat scenarios involving catastrophic critical infrastructure failure events which the Secretary believes could be adequately addressed by existing Department of Defense plans and resources.
added
Particular threat scenarios involving catastrophic critical infrastructure failure events which the Secretary believes could not currently be adequately addressed by existing Department of Defense plans and resources.
added
Unique challenges, with respect to activities and operations of the Department of Defense, presented by catastrophic critical infrastructure failure events involving geomagnetic disturbance or electromagnetic pulse events.
added
Strategies to increase future preparedness with respect to any threat scenarios identified pursuant to subparagraph (B).
added
Form— The report under paragraph (1) may be submitted in classified form, but if so submitted, shall be accompanied by an unclassified summary.
Sec. 1707 GAO study on the school-to-prison pipeline
added
added
In general— The Comptroller General of the United States shall conduct a study on the school to prison pipeline in order to—
added
highlight this issue;
added
offer proof of concept to States that evidence-based interventions, such as restorative practices, are—
added
more effective than punitive, exclusionary measures;
added
improve student achievement; and
added
enhance public safety and student-well-being; and
added
determine the long-term benefits of replacing a punitive approach to discipline with restorative practices in schools, by analyzing the potential savings generated by helping children stay in school and out of the criminal justice system.
added
Cost-Benefit analysis— The study conducted under subsection (a) shall include a cost-benefit analysis to determine the effectiveness and impact of school resource officers and local law enforcement personnel on school climate and student discipline.
added
Report— Upon the conclusion of the study under subsection (a), the Comptroller General of the United States shall prepare and submit to Congress a report regarding the study and the conclusions and recommendations generated from the study.
Sec. 1708 Department of Veterans Affairs report on unclaimed property
added
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the unclaimed property in the possession of the Department of Veterans Affairs.
added
Review of report— The Comptroller General of the United States shall conduct a review of the report submitted under subsection (a).
added
Unclaimed property defined— The term unclaimed property includes any intangible personal property, including money, liquidated obligations, choses in action, accounts, entrusted funds, deposits, evidences of debt or instruments held by any Federal agency, officer or employee thereof (except bonuses, gratuities, and sums held by the Social Security Administration), which has remained unclaimed by the owner.
Sec. 1709 Report regarding veterans who receive benefits under laws administered by the Secretary of Veterans Affairs
added
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall publish a report regarding veterans who receive benefits under laws administered by the Secretary, including the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.
added
Data— The data regarding veterans published in the report under subsection (a)—
added
shall be disaggregated by—
added
sex;
added
sexual orientation;
added
gender identity;
added
minority group member status; and
added
minority group member status listed by sex; and
added
may not include any personally identifiable information.
added
Matters included— The report under subsection (a) shall include—
added
identification of any disparities in the use of benefits under laws administered by the Secretary;
added
an analysis of the cause of such disparities, and recommendations to address such disparities; and
added
identification of veterans who are determined to be ineligible for benefits due to discharge status.
added
Minority group member defined— In this section, the term “minority group member” has the meaning given that term in section 544 of title 38, United States Code.
Sec. 1710 GAO report on ZTE compliance with settlement agreement
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the compliance of Zhongxing Telecommunications Equipment Corporation and ZTE Kangxun Telecommunications Ltd. (collectively referred to in this section as “ZTE”) with the Superseding Settlement Agreement and Superseding Order reached with the Department of Commerce on June 8, 2018 (in this section referred to as the “agreement”).
added
Matters To be included— The report required by subsection (a) shall include a comprehensive analysis of the following:
added
The level of compliance by ZTE, past and present, with the obligations of ZTE under the agreement.
added
The transparency and candor of ZTE in representing such level of compliance.
added
Efforts by the United States Government to monitor, report on, and ensure compliance by ZTE with the agreement.
added
Whether any actions taken by ZTE since June 8, 2018, constitute a material breach of the obligations of ZTE under the agreement.
added
Recommended courses of action for the United States Government to improve compliance by ZTE with the agreement or to respond to a material breach of the obligations of ZTE under the agreement.
Sec. 1710A GAO study of cybersecurity insurance
added
added
Study— The Comptroller General of the United States shall conduct a study to assess and analyze the state and availability of insurance coverage in the United States for cybersecurity risks, which shall include—
added
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;
added
assessing the extent to which States have established minimum standards for the scope of cyber insurance policies; and
added
identifying any barriers to modeling and underwriting cybersecurity risks.
added
Report— Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Comptroller General shall submit a report to the Congress setting forth the findings and conclusions of the study conducted pursuant to subsection (a), which shall include recommendations on whether or not Federal intervention would help facilitate the growth and development of insurers offering coverage for cybersecurity risks, the availability and affordability of such coverage, and policyholder education regarding such coverage.
Sec. 1710B Report on recognition of African American servicemembers in Department of Defense naming practices
addedadded 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 the following information:
added
A description of current Department of Defense naming conventions for military installations, infrastructure, vessels, and weapon systems.
added
A list of all military installations (including reserve component facilities), infrastructure (including reserve component infrastructure), vessels, and weapon systems that are currently named after African Americans who served in the Armed Forces.
added
An explanation of the steps being taken to recognize the service of African Americans who have served in the Armed Forces with honor, heroism, and distinction by increasing the number of military installations, infrastructure, vessels, and weapon systems named after deserving African American members of the Armed Forces.
Sec. 1710C Report on Government police training and equipping programs
added
added
Report— Not later than 1 year after the date of the enactment of this Act, the President shall submit to Congress a report on United States Government police training and equipping programs outside the United States.
added
Elements— The report required under paragraph (1) shall include the following:
added
A list of all United States Government departments and agencies involved in implementing police training and equipping programs.
added
A description of the scope, size, and components of all police training and equipping programs for fiscal years 2023, 2024, and 2025, including, for each such program—
added
the name of each country that received assistance under the program;
added
for each training activity, the number of foreign personnel provided training, their units of operation, location of the training, cost of the activity, the United States unit involved, and the nationality and unit of non-United States training personnel, if any, involved in each activity;
added
the purpose and objectives of the program;
added
the funding and personnel levels for the program in each such fiscal year;
added
the authority under which the program is conducted;
added
the name of the United States Government department or agency with lead responsibility for the program and the mechanisms for oversight of the program; and
added
the metrics for measuring the results of the program.
added
An assessment of the requirements for police training and equipping programs, and what changes, if any, are required to improve the capacity of the United States Government to meet such requirements.
added
An evaluation of the appropriate role of United States Government departments and agencies in coordinating on and carrying out police training and equipping programs.
added
An evaluation of the appropriate role of contractors in carrying out police training and equipping programs, and what modifications, if any, are needed to improve oversight of such contractors.
added
Recommendations for legislative modifications, if any, to existing authorities relating to police training and equipping programs.
added
Form of report— The report required under this section shall be submitted in unclassified form, but may include a classified annex.
added
Public availability internet— All unclassified portions of the report required under this section shall be made publicly available on an appropriate internet website.
added
Definition— In this section, the term “police” includes national police, gendarmerie, counter-narcotics police, counterterrorism police, formed police units, border security, and customs.
Sec. 1710D Deepfake report
added
added
Definitions— In this section:
added
Digital content forgery— The term “digital content forgery” means the use of emerging technologies, including artificial intelligence and machine learning techniques, to fabricate or manipulate audio, visual, or text content with the intent to mislead.
added
Secretary— The term “Secretary” means the Secretary of Homeland Security.
added
Reports on digital content forgery technology—
added
In general— Not later than 1 year after the date of enactment of this Act and annually thereafter for 5 years, the Secretary, acting through the Under Secretary for Science and Technology of the Department of Homeland Security, and with respect to subparagraphs (F) through (H) of paragraph (2), in consultation with the Director of National Intelligence, shall research the state of digital content forgery technology and produce a report on such technology.
added
Contents— Each report produced under paragraph (1) shall include the following:
added
An assessment of the underlying technologies used to create or propagate digital content forgeries, including the evolution of such technologies.
added
A description of the types of digital content forgeries, including those used to commit fraud, cause harm, or violate civil rights recognized under Federal law.
added
An assessment of how foreign governments, and the proxies and networks thereof, use, or could use, digital content forgeries to harm national security.
added
An assessment of how non-governmental entities in the United States use, or could use, digital content forgeries.
added
An assessment of the uses, applications, dangers, and benefits, including the impact on individuals, of deep learning technologies used to generate high fidelity artificial content of events that did not occur.
added
An analysis of the methods used to determine whether content is genuinely created by a human or through 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.
added
A description of the technological countermeasures that are, or could be, used to address concerns with digital content forgery technology.
added
Proposed research and development activities for the Science and Technology Directorate of the Department of Homeland Security to undertake related to the identification of forged digital content and related countermeasures.
added
Any additional information the Secretary determines appropriate.
added
Consultation and public hearings— In producing each report required under paragraph (1), the Secretary may—
added
consult with any other agency of the Federal Government that the Secretary considers necessary; and
added
conduct public hearings to gather, or otherwise allow interested parties an opportunity to present, information and advice relevant to the production of the report.
added
Form of report— Each report required under paragraph (1) shall be produced in unclassified form, but may contain a classified annex.
added
Applicability of 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”).
added
Applicability of the 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.
Sec. 1710E Study on unemployment rate of women veterans who served on active duty in the Armed Forces after September 11, 2001
added
added
Study—
added
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.
added
Conduct of study—
added
In general— The Secretary shall conduct the study under paragraph (1) primarily through the Center for Women Veterans under section 318 of title 38, United States Code.
added
Consultation— -In carrying out the study conducted under paragraph (1), the Secretary may consult with—
added
the Department of Labor;
added
other Federal agencies, such as the Department of Defense, the Office of Personnel Management, and the Small Business Administration;
added
foundations; and
added
entities in the private sector.
added
Elements of study— The study conducted under paragraph (1) shall include, with respect to Post-9/11 Veterans who are women, at a minimum, an analysis of the following:
added
Rank at time of separation from the Armed Forces.
added
Geographic location upon such separation.
added
Educational level upon such separation.
added
The percentage of such veterans who enrolled in an education or employment training program of the Department of Veterans Affairs or the Department of Labor after such separation.
added
Industries that have employed such veterans.
added
Military occupational specialties available to such veterans.
added
Barriers to employment of such veterans.
added
Causes to fluctuations in employment of such veterans.
added
Current employment training programs of the Department of Veterans Affairs or the Department of Labor that are available to such veterans.
added
Economic indicators that impact unemployment of such veterans.
added
Health conditions of such veterans that could impact employment.
added
Whether there are differences in the analyses conducted under subparagraphs (A) through (K) based on the race of such veteran.
added
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.
added
Report—
added
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.
added
Elements— The report required by paragraph (1) shall include the following:
added
The analyses conducted under subsection (a)(3).
added
A description of the methods used to conduct the study under subsection (a).
added
Such other matters relating to the unemployment rates of Post-9/11 Veterans who are women as the Secretary considers appropriate.
added
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. 1710F Report on the Oklahoma City National Memorial
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of Interior shall submit to Congress a report containing the following information:
added
A description of the current status of the Oklahoma City National Memorial, an affiliated site of the National Park System.
added
A summary of non-Federal funding that has been raised in accordance with section 7(2) of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss–5(2)).
Sec. 1710G Reports on military service academies
addedadded Not later than 180 days after the date of the enactment of this Act, the superintendent of each military service academy shall submit to the Secretary of Defense and the congressional defense committees a report that includes, with respect to the academy overseen by the superintendent, the following:
added
Anonymized equal opportunity claims and determinations involving the academy over the past 20 years.
added
Results of a climate survey of cadets or midshipmen (as the case may be) conducted by an external entity.
added
A review of educational and extracurricular instruction at the academy, including—
added
a review of courses to ensure the inclusion of minority communities in authorship and course content; and
added
a review of faculty and staff demographics to determine diversity recruitment practices at the academy.
Sec. 1710H Independent study on identifying and addressing threats that individually or collectively affect national security, financial security, or both
added
added
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 in the Secretary's capacity as the Chair of the Financial Stability Oversight Council and the heads of other relevant departments and agencies, 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.
added
Elements of study— In carrying out the study referred to in subsection (a), the selected Federally funded research and development center shall be contractually obligated to—
added
identify threats that individually or collectively affect national security, financial security, or both, including—
added
foreign entities and governments acquiring financial interests in domestic companies that have access to critical or sensitive national security materials, technologies, or information;
added
other currencies being used in lieu of the United States Dollar in international transactions;
added
foreign influence in companies seeking to access capital markets by conducting initial public offerings in other countries;
added
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;
added
the use of entities, such as corporations, companies, limited liability companies, limited partnerships, business trusts, business associations, or other similar entities to obscure or hide the foreign beneficial owner of such entities; and
added
any other known or potential threats that individually or collectively affect national security, financial security, or both currently or in the foreseeable future.
added
assess the extent to which the United States Government is currently able to identify and characterize the threats identified under paragraph (1);
added
assess the extent to which the United States Government is currently able to mitigate the risk posed by the threats identified under paragraph (1);
added
assess whether current levels of information sharing and cooperation between the United States Government and allies and partners has 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
added
recommend opportunities, and any such authorities or resources required, to improve the efficiency and effectiveness of the United States Government in identifying the threats identified under paragraph (1) and mitigating the risk posed by such threats.
added
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.
added
Submission to Congress—
added
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 committees of Congress an unaltered copy of the report in both classified and unclassified form, and such comments as the Director, in coordination with the Secretary of Treasury in his capacity as the Chair of the Financial Stability Oversight Council and the heads of other relevant departments and agencies, may have with respect to the report.
added
Appropriate committees of Congress— In this subsection, the term appropriate committees of Congress means—
added
the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
added
the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
Sec. 1710I Maritime security and domain awareness
added
added
Progress report on maritime security—
added
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 a report on the steps taken since December 20, 2019, to make further use of the following mechanisms to combat IUU fishing:
added
Inclusion of counter-IUU fishing in existing shiprider agreements to which the United States is a party.
added
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.
added
Inclusion of counter-IUU fishing in the mission of the Combined Maritime Forces.
added
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.
added
Development of partnerships similar to the Oceania Maritime Security Initiative and the Africa Maritime Law Enforcement Partnership in other priority regions.
added
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.
added
Assessment of service coordination on maritime domain awareness—
added
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 United States maritime services and partner countries maritime domain awareness information relating to illegal maritime activities, including IUU fishing.
added
Elements— The assessment carried out pursuant to an agreement under paragraph (1) shall—
added
build on the ongoing Coast Guard assessment related to autonomous vehicles;
added
consider appropriate commercially and academically available technological solutions; and
added
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.
added
Submittal to Congress— Not later than 1 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, 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.
added
Report on use of fishing fleets by foreign governments—
added
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, 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.
added
Element— The report required by paragraph (1) shall include the following:
added
An analysis of the manner in which fishing fleets are leveraged in support of the naval operations and policies of foreign countries more generally.
added
A consideration of—
added
threats posed, on a country-by-country basis, to the fishing vessels and other vessels of the United States and partner countries;
added
risks to Navy and Coast Guard operations of the United States, and the naval and coast guard operations of partner countries; and
added
the broader challenge to the interests of the United States and partner countries.
added
Form— The report required by paragraph (1) shall be in unclassified form, but may include a classified annex.
added
Definitions— In this section, any term that is also used in the Maritime SAFE Act (Public Law 116–92) shall have the meaning given such term in that Act.
Sec. 1710J Comptroller General report on Department of Defense processes for responding to congressional reporting requirements
added
added
Comptroller General analysis— 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 Committees on Armed Services of the Senate and House of Representatives a report containing an analysis of Department of Defense processes for responding to congressional reporting requirements in the annual National Defense Authorization Acts, or the accompanying committee reports.
added
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 Department’s compliance with congressional reporting requirements.
added
Contents of report— The report required by subsection (a) shall include each of the following:
added
A description of—
added
current laws, guidance, policies for Department of Defense compliance with congressional oversight reporting requirements; and
added
recent direction from the congressional defense committees for the Department concerning how it designs, modifies, tracks, delivers, and inventories completed reports.
added
A review and evaluation of the cost and effectiveness of—
added
the methods the Department of Defense uses to track and respond to reporting requirements; and
added
the ways in which the Department of Defense ensures suitability of content and timeliness.
added
An analysis of options for modernizing the preparation and delivery process for reports that includes—
added
the coordination of Department of Defense business practices and internal policies with legislative processes; and
added
a determination of the feasibility of maintaining a congressional tracking database that makes unclassified reports publicly available in a searchable online database that identifies, for each report included in the database—
added
the deadline on which the required report was required to be submitted;
added
the date on which the report was received;
added
the classification level of the completed report;
added
the form in which the report was submitted;
added
the standard legislative citation and hyperlink to original legislative language that required the report;
added
the total cost associated with the report;
added
a brief summary of the report;
added
a unique identifier for the report; and
added
the subject and sub-subject codes associated with the report.
Sec. 1710K Report on predatory social media and the military community
added
added
In general— The Comptroller General of the United States shall submit to Congress a report on risks facing service members, military families, and separated veterans on social media.
added
Contents— The report required under subsection (a) shall include an analysis of the following:
added
Content related to predatory loans or financial or educational products.
added
Content related unproven or unnecessary medical treatments or procedures.
added
Content related to ethnic or racial violent extremism.
added
The risks to readiness, morale, and national security posed by such content.
added
The ways in which social media algorithms may amplify such content.
added
The steps taken by social media companies and executive agencies to address the risks posed by the content described in paragraphs (1), (2), and (3).
added
Form— The report required under subsection (a) shall be submitted in an unclassified form but may include a classified annex.
added
Executive agency defined— In this section, the term “executive agency” means an executive department or independent establishment in the executive branch of the Federal Government.
Sec. 1710L Report on transforming business processes for revolutionary change
added
added
Report required— 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 efforts of the Secretary to implement the recommendations set forth in the study conducted by the Defense Business Board titled “Transforming Department of Defense’s Core Business Processes for Revolutionary Change”.
added
Elements— The report required under subsection (a) shall include—
added
a description of the actions carried out by the Secretary of Defense to implement the recommendations set forth in the study described in subsection (a);
added
identification of the specific recommendations, if any, that have been implemented by the Secretary;
added
the amount of any cost savings achieved as a result of implementing such recommendations;
added
identification of any recommendations that have not been implemented; and
added
alternative recommendations that may help the Department of Defense achieve $125,000,000,000 in cost savings over the period of 5 fiscal years beginning after the year in which the report is submitted.
Sec. 1710M Review and Report of experimentation with ticks and insects
added
added
Review— The Comptroller General of the United States shall conduct a review of whether the Department of Defense experimented with ticks, other insects, airborne releases of tick-borne bacteria, viruses, pathogens, or any other tick-borne agents regarding use as a biological weapon between the years of 1950 and 1977.
added
Report— If the Comptroller General of the United States finds that any experiment described under subsection (a) occurred, the Comptroller General shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on—
added
the scope of such experiment; and
added
whether any ticks, insects, or other vector-borne agents used in such experiment were released outside of any laboratory by accident or experiment design.
Sec. 1710N Report on agile program and project management
added
added
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 Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a publicly available report on agile program and project management within the Department of Defense. The report shall include the following:
added
A review of all statutory provisions enabling the use of agile program and project management within the Department of Defense.
added
An evaluation of the implementation of statutory provisions enabling the use of agile program and project management within the Department of Defense and Armed Forces.
added
An evaluation of the agile program and project methodologies used within the Department of Defense and Armed Forces.
added
An evaluation of the how agile program and project methodologies have enabled efforts to prepare the Department of Defense and Armed Forces for the future of work.
added
An evaluation of the enterprise scalability of the agile program and project methodologies used within the Department of Defense and Armed Forces, including how well agile methods are integrated into the enterprise when used at scale.
added
An analysis of the impediments to the further adoption and enterprise scalability of agile program and project management including statutory impediments, as well as existing policy, guidance, and instruction of the Department of Defense and Armed Forces.
added
An analysis of the impact of further adoption and enterprise scalability of agile program and project management on the future of work within the Department of Defense and Armed Forces.
added
Such other information as the Comptroller General determines appropriate.
added
Interim briefing— Not later than March 1, 2021, the Comptroller General 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 topics to be covered by the report under subsection (a), including and preliminary data and any issues or concerns of the Comptroller General relating to the report.
added
Access to relevant data— For purposes of this section, the Secretary of Defense shall ensure that the Comptroller General has access to all relevant data.
Sec. 1723 Report; strategy
Report—
In general— Not later than 1 year after the date of enactment of this section, and annually thereafter in fiscal years 2022 and 2023, the National Space Council shall submit to the appropriate congressional committees an interagency assessment of the ability of the United States to compete with foreign space programs and in the emerging commercial space economy.
Content of report— The report shall include information on the following:
An assessment of the human exploration and spaceflight capabilities of the national space program of the United States relative to national programs of the PRC.
An assessment of—
the viability of extraction of space-based precious minerals, onsite exploitation of space-based natural resources, and utilization of space-based solar power;
the programs of the United States and the PRC that are related to the issues described in clause (i); and
any potential terrestrial or space environmental impacts of space-based solar power.
An assessment of United States strategic interests in or related to cislunar space.
A comparative assessment of future United States space launch capabilities and those of the PRC.
changed
The extent of foreign investment in the commercial space sector of the United States, especially in venture capital and other private equity investments that seek to work with the Federal government.Government.
The steps by which the National Aeronautics and Space Administration, the Department of Defense, and other United States Federal agencies conduct the necessary due diligence and security reviews prior to investing in private space entities that may have received funding from foreign investment.
Current steps that the United States is taking to identify and help mitigate threats to domestic space industry from influence of the PRC.
An assessment of the current ability, role, costs, and authorities of the Department of Defense to mitigate the threats of commercial communications and navigation in space from the PRC’s growing counterspace capabilities, and any actions required to improve this capability.
An assessment of how the PRC’s activities are impacting United States national security, including—
theft by the PRC of United States intellectual property through technology transfer requirements or otherwise; and
efforts of the PRC to seize control of critical elements of the United States space industry supply chain and United States space industry companies or sister companies with shared leadership; and government cybersecurity capabilities.
An assessment of efforts of the PRC to pursue cooperative agreements with other nations to advance space development.
Recommendations to Congress, including recommendations with respect to—
changed
any legislative proposals to address threats by the PRC to the United States national space programs as well as domestic commercial launch and satellite industries;industries; and
changed
how the United States Government can best utilize existing Federal entities to investigate and prevent potentially harmful investment by the PRC in the United States commercial space industry;industry.
Form— The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Strategy—
In general— Not later than 1 year after the submission of the report required in subsection (a), the President, in consultation with the National Space Council, shall develop and submit to the appropriate congressional committees a strategy to ensure the United States can—
compete with other national space programs;
maintain leadership in the emerging commercial space economy;
identify market, regulatory, and other means to address unfair competition from the PRC based on the findings of in the report required in subsection (a);
leverage commercial space capabilities to ensure United States national security and the security of United States interests in space;
protect United States supply chains and manufacturing critical to competitiveness in space; and
coordinate with international allies and partners in space.
Form— The strategy required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Definitions— In this section, the following definitions apply:
Appropriate congressional committees of congress— The term appropriate congressional committees means—
the Committee on Armed services, the Committee on Foreign Relations, and the Committee on Commerce, Science, and Transportation of the Senate; and
the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Science, Space, and Technology of the House of Representatives.
PRC— The term PRC means the “People’s Republic of China”.
Sec. 1743 Acceptance of property by military academies and museums
Acceptance of property— Section 2601 of title 10, United States Code, is amended—
in subsection (a)(2), by inserting after subparagraph (B) the following new subparagraph:
“(C) The Secretary concerned may display, at a military museum, recognition for an individual or organization that contributes money to a nonprofit entity described in subparagraph (A), or an individual or organization that contributes a gift directly to the armed force concerned for the benefit of a military museum, whether or not the contribution is subject to the condition that recognition be provided. The Secretary of Defense shall prescribe uniform regulations governing the circumstances under which contributor recognition may be provided, appropriate forms of recognition, and suitable display standards.”
in subsection (e)(1)—
by inserting “or personal” after “real” both places it appears; and
by striking “or the Coast Guard Academy” and inserting “the Coast Guard Academy, the National Defense University, the Defense Acquisition University, the Air University, the Army War College, the Army Command and General Staff College, the Naval War College, the Naval Postgraduate School, or the Marine Corps University”.
changed
Lease of non-excess non-Excess property to military museums—
In general— Section 2667 of title 10, United States Code, is amended—
in subsection (b)—
in paragraph (7), by striking “and” at the end;
in paragraph (8), by striking the period at the end and inserting “; and”; and
by adding at the end the following new paragraph:
“(9) in the case of a lease of a museum facility to a museum foundation, may provide for use in generating revenue for activities of the museum facility and for such administrative purposes as may be necessary to support the facility.”
in subsection (i), by adding at the end the following new paragraph:
“(6) The term “museum foundation” means any entity—
“(A) qualifying as an exempt organization under section 501(c)(3) of the Internal Revenue Code of 1986; and
“(B) incorporated for the primary purpose of supporting a Department of Defense museum.”
in subsection (k)—
in the subsection heading, by inserting “and museums” after “leases for education”; and
by inserting “or to a museum foundation” before the period at the end.
Repeals—
Lease or license of United States Navy Museum facilities at Washington Navy Yard, District of Columbia— The National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163) is amended by striking section 2852.
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Lease of facility to Marine Corps Heritage Foundation— Section 2884 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106–398; 114 Stat. 1654A-440) 1654A–440) is amended by striking subsection (e).
Sec. 1744 Reauthorization of National Oceanographic Partnership Program
National Oceanographic Partnership Program— Section 8931 of title 10, United States Code, is amended to read as follows:
“8931. National Oceanographic Partnership Program
“(a) Establishment—The Secretary of the Navy shall establish a program to be known as the “National Oceanographic Partnership Program”.
“(b) Purposes—The purposes of the program are as follows:
“(1) To promote the national goals of assuring national security, advancing economic development, protecting quality of life, ensuring environmental stewardship, and strengthening science education and communication through improved knowledge of the ocean.
“(2) To coordinate and strengthen oceanographic efforts in support of those goals by—
“(A) creating and carrying out partnerships among Federal agencies, academia, industry, and other members of the oceanographic community in the areas of science, data, resources, education, and communication; and
“(B) accepting, planning, and executing oceanographic research projects funded by grants, contracts, cooperative agreements, or other vehicles as appropriate, that contribute to assuring national security, advancing economic development, protecting quality of life, ensuring environmental stewardship, and strengthening science education and communication through improved knowledge of the ocean.”
Ocean Policy Committee—
In general— Section 8932 of such title is amended to read as follows:
“8932. Ocean Policy Committee
changed “(a) Committee—There is established an Ocean Policy Committee (hereinafter referred to as the “Committee”). The Committee shall retain the membership, co-chairs, and subcommittees outlined in Executive Order No. 13840.
“(b) Responsibilities—The Committee shall continue the activities of that Committee as it was in existence on the day before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021. In discharging its responsibilities and to assist in the execution of the activities delineated in this subsection, the Committee may delegate to a subcommittee, as appropriate. The Committee shall—
“(1) prescribe policies and procedures to implement the National Oceanographic Partnership Program;
“(2) engage and collaborate, pursuant to existing laws and regulations, with stakeholders, including regional ocean partnerships, to address ocean-related matters that may require interagency or intergovernmental solutions;
“(3) facilitate coordination and integration of Federal activities in ocean and coastal waters to inform ocean policy and identify priority ocean research, technology, and data needs; and
“(4) review, select, and identify partnership projects for implementation under the program, based on—
“(A) whether the project addresses important research objectives or operational goals;
“(B) whether the project has, or is designed to have, appropriate participation within the oceanographic community of public, academic, commercial, private participation or support;
“(C) whether the partners have a long-term commitment to the objectives of the project;
“(D) whether the resources supporting the project are shared among the partners; and
“(E) whether the project has been subjected to adequate review according to each of the supporting agencies.
“(c) Annual report and briefing
“(1) Not later than March 1 of each year, the Committee shall post a report on the National Oceanographic Partnership Program on a publicly available website and brief—
“(A) the Committee on Commerce, Science, and Transportation of the Senate;
“(B) the Committee on Armed Services of the Senate;
“(C) the Committee on Natural Resources of the House of Representatives;
“(D) the Committee on Science, Space, and Technology of the House of Representatives; and
“(E) the Committee on Armed Services of the House of Representatives.
“(2) The report and all briefing materials shall be posted to a publicly available website not later than 30 days after the briefing.
“(3) The report and briefing shall include the following:
“(A) A description of activities of the program carried out during the prior fiscal year.
“(B) A general outline of the activities planned for the program during the current fiscal year.
“(C) A summary of projects, partnerships, and collaborations, including the Federal and non-Federal sources of funding, continued from the prior fiscal year and projects expected to begin during the current and subsequent fiscal years, as required in the program office report outlined in section 8932(f)(2)(C) of this title.
“(D) The amounts requested in the budget submitted to Congress pursuant to section 1105(a) of title 31 for the subsequent fiscal year, for the programs, projects, activities and the estimated expenditures under such programs, projects, and activities, to execute the National Oceanographic Partnership Program.
“(E) A summary of national ocean research priorities informed by the Ocean Research Advisory Panel required in section 8933(b)(4) of this title.
“(F) A list of the members of the Ocean Research Advisory Panel described in section 8933(a) of this title and any working groups described in section 8932(f)(2)(A) of this title in existence during the fiscal years covered.
“(d) National oceanographic partnership fund
“(1) There is established in the Treasury a separate account to be known as the National Oceanographic Partnership Program Fund to be jointly managed by the Secretary of the Navy, the Administrator of the National Oceanic and Atmospheric Administration, and any other Federal agency that contributes amounts to the Fund.
“(2) Amounts in the Fund shall be available to the National Oceanic Partnership Program without further appropriation to remain available for up to 5 years from the date contributed or until expended for the purpose of carrying out this section.
“(3) There is authorized to be credited to the Fund the following:
“(A) Such amounts as determined appropriate to be transferred to the Fund by the head of a Federal agency or entity participating in the National Oceanographic Partnership Program.
“(B) Funds provided by a State, local government, tribal government, territory, or possession, or any subdivisions thereof.
“(C) Funds contributed by—
“(i) a non-profit organization, individual, or Congressionally-established foundation; and
“(ii) by private grants, contracts, and donations.
“(4) For the purpose of carrying out this section, as directed by the Committee, departments or agencies represented on the Committee may enter into contracts, make grants, including transactions authorized by paragraph (5), and may transfer funds available to the National Oceanographic Partnership Program under paragraph (3) to participating departments and agencies for such purposes.
“(5) The Committee or any participating Federal agency or entity may enter into an agreement to use, with or without reimbursement, the land, services, equipment, personnel, and facilities of any department, agency, or instrumentality of the United States, or of any State, local government, Indian tribal government, Territory, District of Columbia, or possession, or of any political subdivision thereof, or of any foreign government or international organization or individual, for the purpose of carrying out this section.
“(e) Establishment and forms of partnership projects—A partnership project under the National Oceanographic Partnership Program—
“(1) may be established by any instrument that the Committee considers appropriate; and
“(2) may include demonstration projects.
“(f) Partnership program office
“(1) The Secretary of the Navy and Administrator of the National Oceanic and Atmospheric Administration shall jointly establish a partnership program office for the National Oceanographic Partnership Program. Competitive procedures will be used to select an external operator for the partnership program office.
“(2) The Committee will monitor the performance of the duties of the partnership program office, which shall consist of the following:
“(A) To support working groups established by the Committee or subcommittee and report working group activities to the Committee, including working group proposals for partnership projects.
“(B) To support the process for proposing partnership projects to the Committee, including, where appropriate, managing review of such projects.
“(C) To submit to the Committee and make publicly available an annual report on the status of all partnership projects, including the Federal and non-Federal sources of funding for each project, and activities of the office.
“(D) To perform any additional duties for the administration of the National Oceanographic Partnership Program that the Committee considers appropriate.”
Clerical amendment— The table of sections at the beginning of chapter 893 of title 10, United States Code, is amended by striking the item relating to section 8932 and inserting the following new item:
Ocean Research Advisory Panel— Section 8933 of such title is amended to read as follows:
“8933. Ocean Research Advisory Panel
“(a) Establishment
“(1) The Committee shall establish an Ocean Research Advisory Panel consisting of not less than 10 and not more than 18 members appointed by the Co-chairs, including the following:
“(A) Three members who will represent the National Academies of Sciences, Engineering, and Medicine.
“(B) Members selected from among individuals who will represent the views of ocean industries, State, tribal, territorial or local governments, academia, and such other views as the Co-chairs consider appropriate.
“(C) Members selected from among individuals eminent in the fields of marine science, marine technology, and marine policy, or related fields.
“(2) The Committee shall ensure that an appropriate balance of academic, scientific, industry, and geographical interests and gender and racial diversity are represented by the members of the Advisory Panel.
“(b) Responsibilities—The Committee shall assign the following responsibilities to the Advisory Panel:
“(1) To advise the Committee on policies and procedures to implement the National Oceanographic Partnership Program.
“(2) To advise the Committee on matters relating to national oceanographic science, engineering, facilities, or resource requirements.
“(3) To advise the Committee on improving diversity, equity, and inclusion in the ocean sciences and related fields.
“(4) To advise the Committee on national ocean research priorities.
“(5) Any additional responsibilities that the Committee considers appropriate.
“(6) To meet no fewer than two times a year.
“(c) Administrative and technical support—The Administrator of the National Oceanic and Atmospheric Administration shall provide such administrative and technical support as the Ocean Research Advisory Panel may require.
“(d) Federal advisory committee act—Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Ocean Research Advisory Panel appointed under section 8933.”
Sec. 1747 Resources to implement a Department of Defense policy on civilian casualties in connection with United States military operations
changed
Resources to To implement Department of Defense policy on civilian casualties in connection with United States military operations—
Purpose— The purpose of this section is to facilitate fulfillment of the requirements in section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 note).
Personnel— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall do the following:
Add to, and assign within, each of the United States Central Command, the United States Africa Command, the United States Special Operations Command, the United States European Command, the United States Southern Command, the United States Indo-Pacific Command, and the United States Northern Command not fewer than two personnel who shall have primary responsibility for the following in connection with military operations undertaken by such command:
Providing guidance and oversight relating to prevention of and response to civilian casualties, promotion of observance of human rights, and the protection of civilians and civilian infrastructure.
Overseeing civilian casualty response functions on behalf of the commander of such command.
Receiving reports of civilian casualties and conduct of civilian casualty assessments.
Analyzing civilian casualty incidents and trends.
Offering condolences for casualties, including ex gratia payments.
Ensuring the integration of activities relating to civilian casualty mitigation, protection of civilians, and promotion of observance of human rights in security cooperation activities.
Consulting with non-governmental organizations on civilian casualty and human rights matters.
Add to, and assign within, the Office of the Under Secretary for Policy not fewer than two personnel who shall have primary responsibility for implementing and overseeing implementation by the components of the Department of Defense of Department policy on civilian casualties resulting from United States military operations.
Add to, and assign within, the Joint Staff not fewer than two personnel who shall have primary responsibility for the following:
Overseeing implementation by the components of the Department of Defense of Department policy on civilian casualties resulting from United States military operations.
Developing and sharing in the implementation of such policy.
Communicating operational guidance on such policy.
Training, software, and other requirements—
In general— In each of fiscal years 2021 through 2023, the Secretary of Defense and each Secretary of a military department may obligate and expend, from amounts specified in subparagraph (B), not more than $5,000,000 for the following:
Training related to civilian casualty mitigation and response.
Information technology equipment, support and maintenance, and data storage, in order to implement the policy of the Department related relating to civilian casualties resulting from United States military operations as required by section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019.
Funds— The funds for a fiscal year specified in this subparagraph are funds as follows:
In the case of the Secretary of Defense, amounts authorized to be appropriated for such fiscal year for operation and maintenance, Defense-wide.
In the case of a Secretary of a military department, amounts authorized to be appropriated for such fiscal year for operation and maintenance for the components of the Armed Forces under the jurisdiction of such Secretary.
United States military operations defined— In this section, the term United States military operations includes any mission, strike, engagement, raid, or incident involving United States Armed Forces.
Sec. 1750 Deployment of real-time status of special use airspace
In general— The Administrator of the Federal Aviation Administration, in consultation, as appropriate, with the Secretary of Defense and the heads of the military services, including the National Guard and Air National Guard, and other appropriate Federal agencies, shall initiate, not later than 180 days after the date of enactment of this Act, a program to enable public dissemination of information on—
the real-time status of the activation or deactivation of military operations areas and restricted areas; and
the reports submitted to the Administrator pursuant to section 73.19 of title 14, Code of Federal Regulations.
Status report—
changed
In general— Not later than one 1 year after the Administrator initiates the program required under subsection (a), and every year thereafter until such program is complete, the Administrator shall submit a status report to the appropriate committees of Congress on the implementation of such program.
Contents— The report required under paragraph (1) shall contain, at a minimum—
an update on the progress of the Administrator in modifying policies, systems, or equipment that may be necessary to enable the public dissemination of information on the real-time status of the activation or deactivation of military operations areas and restricted areas;
a description of any challenges to completing the program initiated pursuant to subsection (a), including challenges in—
receiving the timely and complete submissions of data concerning airspace usage;
modifying policies; and
acquiring necessary systems or equipment; and
a timeline of the anticipated completion of the program and the modifications described in subparagraph (A).
Utilization reports— Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit a report to the appropriate committees of Congress—
describing whether the Department of Defense has submitted the utilization reports required under section 73.19 of title 14, Code of Federal Regulations for the prior fiscal year, and, if so, to what extent such reports have been submitted; and
providing, if the Secretary discovers that all such reports have not been submitted in a timely and complete manner—
an explanation for the failure to submit any such reports in the manner prescribed by regulation; and
a plan to ensure the timely and complete submission of all such reports.
Policies— Not later than 18 months after the date of enactment of this Act, the Administrator shall submit a report to the appropriate committees of Congress on special use airspace, including a review of the Federal Aviation Administration’s—
policies and processes for establishing, reviewing, and revoking military operations areas and restricted areas; and
administration, including release of, underutilized special use airspace.
Definitions— In this section:
The term “appropriate committees of Congress” means—
the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate; and
the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives.
changed
The term “underutilized”, with respect to a military operations area or restricted area, means such an area determined by the Administrator of the Federal Aviation Administrator to have had, during the two 2 most recent consecutive fiscal years prior to the date of enactment of this Act, the number of hours actually utilized be less than 75 percent of the number of hours the area was activated, discounted for weather cancellations and delays, loss of use for reasons beyond the control of the Federal agency using the area, and other factors determined appropriate by the Administrator.
Sec. 1751 Duties of Secretary under Uniformed and Overseas Citizens Absentee Voting Act
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Ensuring ability of absent uniformed services voters serving at diplomatic and consular posts to To receive and transmit balloting materials— In carrying out the Secretary’s duties as the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.), the Secretary shall take such actions as may be necessary to ensure that an absent uniformed services voter under such Act who is absent from the United States by reason of active duty or service at a diplomatic and consular post of the United States is able to receive and transmit balloting materials in the same manner and with the same rights and protections as an absent uniformed services voter under such Act who is absent from the United States by reason of active duty or service at a military installation.
Effective date— This section shall apply with respect to elections held on or after the date of the enactment of this Act.
Sec. 1752 Publicly available database of casualties of members of the Armed Forces
In general— The Secretary of Defense shall publish on an appropriate publicly available website of the Department of Defense a database of all casualties of members of the Armed Forces of the United States that occur during military operations that take place during 1990 or any subsequent year.
Requirements— The Secretary shall ensure that the database published under subsection (a) has the following capabilities:
The capability of generating a machine readable report, to the extent practicable, through searches based on each, and any combination, of the casualty attributes.
The capability of downloading individual records as the result of a search based on each, and any combination, of the casualty attributes.
changed
Next-of-kin Next-of-Kin opt out— The Secretary shall develop a mechanism under which the next-of-kin (as determined by the Secretary) of any individual whose information would be included in the database required under subsection (a) may elect to have such information excluded from the database.
Casualty attributes— In this section, the term “casualty attributes” means each of the following with respect to the casualty of a member of the Armed Forces:
The conflict in which the casualty occurred.
The country where the casualty occurred.
The attributes of the member of the Armed Forces, including—
service;
component;
name;
rank;
date of death; and
any other information as determined by the Secretary.
Sec. 1753 Notice and comment for proposed actions of the Secretary of Defense relating to food and beverage ingredients
Notice and comment— Before promulgating any service-wide or Department-wide final rule, statement, or determination relating to the limitation or prohibition of an ingredient in a food or beverage item provided to members of the Armed Forces by the Department of Defense (including an item provided through a commissary store, a dining facility on a military installation, or a military medical treatment facility), the Secretary of Defense shall—
publish in the Federal Register a notice of the proposed rule, statement, or determination (in this section referred to as a “proposed action”); and
provide interested persons an opportunity to submit public comments with respect to the proposed action.
changed
Matters to To be included in notice— The Secretary shall include in any notice published under subsection (a)(2) the following:
A summary of the notice.
The date of publication of the notice.
The contact information for the office of the Department of Defense responsible for the proposed action.
The deadline for comments to be submitted with respect to the proposed action and a description of the method to submit such comments.
A description of the proposed action.
Findings and a statement of reason supporting the proposed action.
Waiver authority— The Director of the Defense Logistics Agency may waive subsections (a) and (b) if the Director determines such waiver is necessary for military operations or for the response to a national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.), a medical emergency, or a pandemic.
Reports—
Reports— On a quarterly basis, the Director of the Defense Logistics Agency shall submit to the congressional defense committees a report containing an identification of any waiver under subsection (c) issued or in effect during the quarter preceding submission of the report.
Matters— A report under paragraph (1) shall include, with respect to each waiver identified, the following:
The date, time, and location of the issuance of such waiver.
A detailed justification for the issuance of such waiver.
An identification of the rule, statement, or determination for which the Director issued such waiver, including the proposed duration of such rule, statement, or determination.
Sec. 1754 Space strategies and assessment
Sense of Congress— It is the sense of Congress that the United States Government should support activities in space by—
ensuring robust, innovative, and increasingly capable civil and national security space programs;
supporting effective and stable space partnerships with allies of the United States;
leveraging, to the greatest extent practicable and appropriate, commercial space capabilities; and
ensuring freedom of navigation and providing measures to assure the supply chain related to such space assets and manufacturing processes of such assets.
Strategy required— Not later than 270 days after the date of the enactment of this Act, the President, in consultation with the National Space Council, shall develop and maintain a strategy to ensure that the United States, as appropriate, strengthens civil and national security capabilities and operations in space through—
challenging and inspiring civil space goals and programs;
partnerships with allies of the United States;
leveraging of commercial space capabilities;
ensuring supply chain and manufacturing processes for space assets;
sustaining a highly skilled, world-class workforce; and
considering the financial security and cybersecurity concerns threatening commercial and Federal Government launch sites of the United States.
changed
Submission of strategy and plan— Not later than one 1 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—
the strategy under subsection (b); and
a plan to implement the strategy, including to—
changed
ensure the freedom of navigation of space assets and protect the supply chain relating to such assets and manufacturing process of such assets from threats from the People’s Republic of China China, Russia, Iran, and the Russian Federation, North Korea, which may include protection from intellectual property theft and threats with respect to electronic warfare capabilities;
identify capabilities required to ensure civil and national security space leadership;
provide contingency and resiliency for civil and national security space operations; and
strengthen relations with the allies of the United States with respect to space.
Assessment and report—
changed
Assessment and report requirement— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Director of National Intelligence and the Administrator of the National Aeronautics and Space Administration, shall submit to the appropriate congressional committees a report that includes—
an assessment of the capabilities and role of relevant departments and agencies of the Federal Government to—
ensure access to launch, communications, and freedom of navigation and other relevant infrastructure and services for civil and national security space programs and activities; and
identify vulnerabilities that could affect access to space infrastructure; and
address financial security and cybersecurity concerns threatening commercial and Federal Government launch sites of the United States; and
recommendations and costs to improve the capabilities assessed pursuant to subparagraph (A), including recommendations with respect to—
changed
the electronic warfare capabilities of China China, Russia, Iran, and Russia; North Korea; and
changed
the use of counterspace weapons and cyber attacks by China China, Russia, Iran, and Russia.North Korea.
Form— The report under paragraph (1) may include a classified annex.
Definitions— In this section:
The term appropriate congressional committees means—
the Committee on Armed Services of the House of Representatives;
the Committee on Science, Space, and Technology of the House of Representatives;
the Committee on Foreign Affairs of the House of Representatives;
the Committee on Energy and Commerce of the House of Representatives;
added
the Permanent Select Committee on Intelligence of the House of Representatives;
renumbered
was (6)(3)(6)
the Committee on Armed Services of the Senate;
removed
the Committee on Foreign Relations of the Senate; and
changed
the Committee on Commerce, Science, and Transportation Foreign Relations of the Senate.Senate;
added
the Committee on Commerce, Science, and Transportation of the Senate; and
added
the Select Committee on Intelligence of the Senate.
The term launch site has the meaning given that term under section 50902 of title 51, United States Code.
Sec. 1757 Authority to establish a movement coordination center pacific in the Indopacific region
changed
Authority to To establish—
In general— The Secretary of Defense, with the concurrence of the Secretary of State, may authorize—
the establishment of a Movement Coordination Center Pacific (in this section referred to as the “Center”); and
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.
Scope of participation— Participation in the ATARES program under paragraph (1)(B) shall be limited to the reciprocal exchange or transfer of air transportation and air refueling services on a reimbursable basis or by replacement-in-kind or the exchange of air transportation or air refueling services of an equal value with foreign militaries.
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.
Written arrangement or agreement—
Arrangement or agreement required— The participation of the Department of Defense in the ATARES or exchange like program under subsection (a) shall be in accordance with a written arrangement or agreement entered into by the Secretary of Defense, with the concurrence of the Secretary of State.
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.
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Other elements— Any written arrangement or agreement entered into under paragraph (1) shall require that any accrued credits and liabilities resulting from an unequal exchange or transfer of air transportation or air refueling services shall be liquidated, not less than once every five 5 years, through the ATARES program.
Implementation— In carrying out any written arrangement or agreement entered into under subsection (b), the Secretary of Defense may—
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
assign members of the Armed Forces or Department of Defense civilian personnel, within billets authorized for the United States Indo-Pacific Command, to duty at the Center as necessary to fulfill the Department of Defense obligations under that arrangement or agreement.
Report— Not later than March 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report that contains—
a summary of the coordination structure of the center and program, and details related to its formation and implementation;
list of the military services, by country, participating or seeking to participate in the program;
for each country on the list under paragraph (2), a description of completed agreements and those still to be completed with host nations, as applicable; and
any other relevant matters that the Secretary determines should be included.
Sec. 1758 Establishment of vetting procedures and monitoring requirements for certain military training
Establishment of vetting procedures—
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.
Criteria for procedures— The procedures established under paragraph (1) shall include biographic and biometric screening of covered individuals, continuous review of whether covered individuals should continue to be authorized for physical access, biographic checks of the immediate family members of covered individuals, and any other measures that the Secretary determines appropriate for vetting.
Collection of information— The Secretary shall—
collect the information required to vet individuals under the procedures established under this subsection;
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
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.
Determination authority—
Review of vetting results— The Secretary shall assign to an organization within the Department with responsibility for security and counterintelligence the responsibility of—
reviewing the results of the vetting of a covered individual conducted under subsection (a); and
making a recommendation regarding whether such individual should be given physical access to a Department of Defense installation or facility.
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—
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
the Secretary of Defense shall ensure that the Secretary of State is promptly provided with notification of such recommendation.
Additional security measures—
Security measures required— The Secretary of Defense shall ensure that—
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;
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;
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;
a policy is in place covering possession of firearms on Department of Defense property by covered individuals;
covered individuals who have been granted physical access to Department of Defense installations and facilities are incorporated into the Insider Threat Program of the Department of Defense; and
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.
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.
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.
Reporting requirements—
Briefing requirement— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committee on Armed Services of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representative a briefing on the establishment of any policy or guidance related to the implementation of this section.
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Report— Not later than two 2 years after the date of the enactment of this Act, the Secretary of Defense shall submit to such committees a report on the implementation and effects of this section. Such report shall include a description of—
any positive or negative effects on the training of foreign military students as a result of this section;
the effectiveness of the vetting procedures implemented pursuant to this section in preventing harm to members of the Armed Forces and United States persons;
any mitigation strategies used to address any negative effects of the implementation of this section; and
a proposed plan to mitigate any ongoing negative effects to the vetting and training of foreign military students by the Department of Defense.
added
Report by Comptroller General— Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress 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—
added
relevant United States diplomatic and consular personnel properly vet foreign personnel participating in such programs and entering such bases;
added
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
added
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 sections 502B and 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2304 and 2378d).
added
Vetting procedures review for Department of State regional and country strategies— The Secretary of State shall ensure that any comprehensive regional strategy, such as a joint regional strategy or its equivalent, and any country strategy, such as an integrated country strategy or its equivalent, that is produced by the Department of State during the 8-year period beginning on the date that is 2 years after the date of the enactment of this Act, and each successor strategy to such strategy during such 8-year period, shall integrate a review of vetting procedures for diplomatic visas that includes—
added
an evaluation of the vetting procedures of diplomatic and consular posts for issuing visas to diplomats and government officials;
added
an analysis of the frequency and regularity of the review of such procedures;
added
a description of the methods and resources used to vet applications for diplomatic visas;
added
a description of the methodologies employed for ensuring any such diplomatic visas issued for purposes of security assistance (as such term is defined for purposes of section 502B of the Foreign Assistance Act of 1961) are vetted in compliance with applicable requirements of section 362 of title 10, United States Code, and sections 502B and 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2304 and 2378d); and
added
a description of the methods and resources used to conduct recurring reviews of individuals remaining in the United States for more than one year from the date of the issuance of a visa, and recurring reviews of individuals entering the United States on a multi-entry visa over a period of time longer than 1 year.
renumbered
was (6)
Definitions— In this section:
renumbered
was (6)(3)
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—
renumbered
was (6)(3)(2)
is seeking physical access to a Department of Defense installation or facility within the United States; and
renumbered
was (6)(3)(3)
is—
renumbered
was (6)(3)(3)(2)
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
renumbered
was (6)(3)(3)(3)
an immediate family member accompanying any foreign national who has been selected, nominated, or accepted for such training or education.
renumbered
was (6)(4)
The term “United States” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and Guam.
renumbered
was (6)(5)
The term “immediate family member” with respect to any individual means the parent, step-parent, sibling, step-sibling, half-sibling, child, or step-child of the individual.
Sec. 1759 Women, Peace, and Security Act implementation
Sense of Congress— It is the sense of Congress that $15,000,000 annually is an appropriate allocation of funding to be made available for activities consistent with the Women, Peace, and Security Act of 2017 (Public Law 115–68; 131 Stat. 1202) and with any guidance specified in this section, in order to fully implement such Act and in furtherance of the national security priorities of the United States.
In general— During the period beginning on the date of the enactment of this Act and ending on September 30, 2025, the Secretary of Defense shall carry out activities consistent with the Women, Peace, and Security Act of 2017 and with the guidance specified in this section, including by carrying out—
any Defense-wide directives and programs that advance the implementation of the Women, Peace, and Security Act of 2017, including directives relating to military doctrine, programs that are applicable across the Department, and programs that are specific to a combatant command;
the hiring and training of full-time equivalent personnel as gender advisors of the Department;
the integration of gender analysis into training for military personnel across ranks, to include special emphasis on senior level training and support for women, peace, and security; and
security cooperation activities that further implement the Women, Peace, and Security Act of 2017.
Security cooperation activities— Consistent with the Women, Peace, and Security Act of 2017, the Secretary of Defense, in coordination with the Secretary of State, shall incorporate gender analysis and participation by women into security cooperation activities conducted with the national security forces of foreign countries pursuant to subsection (b)(4), including by—
incorporating gender analysis (including data disaggregated by sex) and priorities for women, peace, and security into educational, training, and capacity-building materials and programs, including as authorized by section 333 of title 10, United States Code;
advancing and advising on the recruitment, employment, development, retention, and promotion of women in the national security forces of such foreign countries, including by—
identifying available military career opportunities for women;
promoting such career opportunities among women and girls;
promoting the skills necessary for such careers;
encouraging the interest of women and girls in such careers, including by highlighting as role models women in such careers in the United States or in applicable foreign countries; and
advising on best practices to prevent the harassment and abuse of women serving in the national security forces of such foreign countries;
incorporating training and advising to address sexual harassment and abuse against women within such national security forces;
changed
integrating gender analysis into policy and planning; andplanning;
changed
ensuring any infrastructure constructed pursuant to the security cooperation activity addresses the requirements of women serving in such national security forces, including by addressing appropriate equipment.equipment; and
added
including Department of Defense personnel who are women in security cooperation activities of the United States conducted abroad.
Partner country assessments— The Secretary of Defense shall include in any partner country assessment conducted in the course of carrying out security cooperation activities specified in subsection (b)(4) consideration of any barriers or opportunities with respect to women in the national security forces of such partner countries, including any barriers or opportunities relating to—
protections against exploitation, abuse, and harassment; or
recruitment, employment, development, retention, or promotion of the women.
changed
Standardization of policies—Pilot program—
added
In general— The Secretary of Defense, in coordination with the Secretary of State—
added
shall direct and carry out a pilot program to conduct partner country assessments referred to in subsection (d) on barriers to the participation of women in the national security forces of participating partner countries (in this subsection referred to as a “pilot barrier assessment”);
added
in carrying out such pilot program, shall seek to enter into contracts with nonprofit organizations or federally funded research and development centers independent of the Department of Defense for the purpose of conducting the pilot barrier assessments; and
added
after a pilot barrier assessment is conducted, shall—
added
review the methods of research and analysis used by any entity contracted with pursuant to subparagraph (B) in conducting such assessment and identify lessons learned from the review; and
added
assess the ability of the Department of Defense to conduct future pilot barrier assessments without entering into a contract pursuant to subparagraph (B), including by assessing potential costs and benefits for the Department that may arise from conducting such future assessments.
added
Selection of countries—
added
In general— The Secretary of Defense, in consultation with the commanders of the combatant commands and relevant United States ambassadors, shall select one partner country from within the geographic area of responsibility of each geographic combatant command for participation in the pilot program.
added
Consideration— In making the selection under subparagraph (A), the demonstrated political commitment of the partner country to increasing the participation of women in the security sector and the national security priorities and theater campaign strategies of the United States shall be considered.
added
Pilot barrier assessment— A pilot barrier assessment under this subsection shall be—
added
adapted to the local context of the partner country being assessed;
added
conducted in collaboration with the security sector of the partner country being assessed; and
added
based on tested methodologies.
added
Findings—
added
In general— The Secretary of Defense should use findings from each pilot barrier assessment to inform effective security cooperation activities and security sector assistance interventions by the United States in the partner country assessed. Such activities and interventions shall substantially increase opportunities for the recruitment, employment, development, retention, deployment, and promotion of women in the national security forces of such partner country (including for deployments to peace operations and for participation in counterterrorism operations and activities).
added
Model methodology— The Secretary of Defense, in coordination with the Secretary of State, shall develop a model barrier assessment methodology from the findings of the pilot program for use across the geographic combatant commands.
added
Reports on pilot program—
added
Initial report— Not later than 2 years after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress an initial report on the implementation of the pilot program under this subsection, including an identification of the partner counties selected for participation in the program and the justifications for such selections.
added
Update to report— Not later than 2 years after the date on which the initial report under subparagraph (A) is submitted, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress an update to the initial report.
added
Report on methodology— On the date on which the Secretary of Defense determines the pilot program to be complete, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a report on the model barrier assessment methodology developed under paragraph (4)(B).
added
Building United States capacity—
added
Military service academies— Consistent with subsection (c)(6), the Secretary of Defense shall make every effort to encourage the admission of diverse individuals (including individuals who are women) to each military service academy, including by—
added
establishing programs that hold commanding officers accountable for removing biases with respect to such individuals;
added
ensuring that each military service academy fosters a zero tolerance environment for harassment towards such individuals; and
added
ensuring that each military service academy fosters equal opportunities for growth that enable the full participation of such individuals in all training programs, career tracks, and elements of the Department, especially in elements of the Armed Forces previously closed to women, such as infantry and special operations forces.
added
Partnerships with schools and nonprofit organizations— The Secretary of Defense shall make every effort to enter into partnerships with elementary schools, secondary schools, postsecondary educational institutions, and nonprofit organizations, to support activities relating to the implementation of the Women, Peace, and Security Act of 2017.
added
Standardization of policies—
renumbered
was (6)(2)
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall initiate a process to standardize policies relating to women, peace, and security across the Department of Defense.
renumbered
was (6)(3)
Roles, responsibilities, and requirements— In carrying out the process initiated under paragraph (1), the Secretary shall establish roles, responsibilities, and requirements for gender advisors, gender focal points, and women, peace, and security subject matter experts, including with respect to commander and senior official-level engagement and support for women, peace, and security commitments.
renumbered
was (7)
Department education, and training— The Secretary of Defense shall—
renumbered
was (7)(3)
integrate gender analysis into relevant training for all members of the Armed Forces and civilian employees of the Department of Defense;
added
develop standardized training, across the Department, for gender advisors, gender focal points, and women, peace, and security subject matter experts;
added
ensure that gender analysis and the meaningful participation of women and their relationship to security outcomes is addressed in professional military education curriculum; and
added
build the capacity of the Department to conduct the partner country assessments referred to in subsection (d).
added
Briefing— Not later than 1 year after the date of the enactment of this Act, the Director of the Defense Security Cooperation Agency shall provide a briefing to the appropriate committees of Congress on the efforts to build partner defense institution and security force capacity pursuant to this section.
removed
develop standardized training, across the Department, for gender advisors, gender focal points, and women, peace, and security subject matter experts; and
removed
ensure that gender analysis and the meaningful participation of women and their relationship to security outcomes is addressed in professional military education curriculum.
removed
Briefing— Not later than one year after the date of the enactment of this Act, the Director of the Defense Security Cooperation Agency shall provide a briefing to the appropriate committees of Congress on the efforts to build partner defense institution and security force capacity pursuant to this section.
renumbered
was (9)
Reports— During the period beginning on the date of the enactment and ending on January 1, 2025, on a basis that is not less frequently than annually, the Secretary of Defense shall submit to the appropriate committees of Congress reports on the steps the Department has taken to implement the Women, Peace, and Security Act of 2017, including with respect to activities carried out under this section.
renumbered
was (10)
Definitions— In this section:
renumbered
was (10)(3)
The term “appropriate committees of Congress” means—
renumbered
was (10)(3)(2)
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
renumbered
was (10)(3)(3)
the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
renumbered
was (10)(4)
The term “gender analysis” has the meaning given that term in the Women’s Entrepreneurship and Economic Empowerment Act of 2018 (Public Law 115–428; 132 Stat. 5509).
added
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).
added
The term “postsecondary educational institution” has the meaning given that term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
Sec. 1760 Developing crisis capabilities to meet needs for homeland security-critical supplies
In general— The Secretary of Homeland Security shall coordinate with the Secretary of Health and Human Services, the Administrator of the Environmental Protection Agency, and the heads of other relevant Federal departments and agencies—
to identify categories of homeland security-critical supplies that would be needed to address potential national emergencies or disasters, including any public health emergency, act of terrorism (as defined in section 3077 of title 18, United States Code), cyber attack, and other attack;
to develop plans, designs, and guidance relating to the production, in accordance with other applicable law, of the categories of homeland security-critical supplies identified pursuant to paragraph (1) to address the respective national emergencies and disasters, including such production by nontraditional manufacturers; and
based on such final plans, designs, and guidance, to enter into such contingent arrangements with governmental and private entities, in accordance with other applicable law, as may be necessary to expedite the production of homeland security-critical supplies in the event of a national emergency or disaster.
Process— In coordinating the development or revision of a plan, design, or guidance with respect to any homeland security-critical supply under this section:
The Secretary of Homeland Security shall give each Federal department or agency with responsibility for regulating the supply an opportunity—
to contribute to the development or revision of the plan, design, or guidance; and
to approve or disapprove the plan, design, or guidance under regulations appropriate to approving the supply for emergency or disaster use.
If a Federal department or agency with responsibility for regulating the homeland security-critical supply disapproves of the plan, design, or guidance with respect to the supply, the head of the disapproving department or agency shall provide to the Secretary of Homeland Security the rationale for the disapproval.
The Secretary of Homeland Security may—
if no Federal department or agency disapproves a plan, design, or guidance as described in paragraphs (1)(B) and (2), finalize the plan, design, or guidance for purposes of subsections (a)(3) and (c); and
if a Federal department or agency does disapprove a plan, design, or guidance as described in paragraphs (1)(B) and (2), provide an updated plan, design, or guidance for review and approval or disapproval in accordance with paragraphs (1) and (2).
Public posting— The Secretary of Homeland Security shall publish each final plan, design, or guidance that is developed under this section on a public Internet website, except that the Secretary may withhold publication of, or redact information from the publication of, a plan, design, or guidance if—
publicly posting the information would not be in the interest of homeland security;
the information is protected from public disclosure by other applicable law; or
the information is protected from public disclosure by contract.
Relation to other law— Nothing in this section shall be construed to expand, repeal, limit, or otherwise affect the provisions of other applicable law pertaining to the regulation of a homeland security-critical supply.
changed
Biennial review— Not less than every two 2 years, in accordance with subsections (a) through (e), the Secretary of Homeland Security shall coordinate the review and, as needed, revision of each plan, design, and guidance in effect under this section.
Definition— In this section:
The term homeland security-critical supply—
means any supply needed to ensure public safety and welfare during—
a national emergency or disaster, including any public health emergency, act of terrorism (as defined in section 3077 of title 18, United States Code), cyber attack, and other attack; or
any other reasonably foreseeable contingency of grave consequence to the United States during which shortages are reasonably anticipated; and
includes a vaccine, a medication, medical equipment, and personal protective equipment.
The term nontraditional manufacturer may include (as determined by the Secretary)—
a home craftsperson;
a distiller;
a cosmetic manufacturer;
a manufacturing facility primarily designed for an industry other than manufacturing homeland security-critical supplies;
an institution of higher education;
an advanced manufacturing facility;
a machine shop; and
a research laboratory.
Sec. 1762 Foreign state computer intrusions
added
added
In general— Chapter 97 of title 28, United States Code, is amended by inserting after section 1605B the following:
added “1605C. Computer intrusions by a foreign state
added “A foreign state shall not be immune from the jurisdiction of the courts of the United States or of the States in any case not otherwise covered by this chapter in which money damages are sought against a foreign state by a national of the United States for personal injury, harm to reputation, or damage to or loss of property resulting from any of the following activities, whether occurring in the United States or a foreign state:
added “(1) Unauthorized access to or access exceeding authorization to a computer located in the United States.
added “(2) Unauthorized access to confidential, electronic stored information located in the United States.
added “(3) The transmission of a program, information, code, or command to a computer located in the United States, which, as a result of such conduct, causes damage without authorization.
added “(4) The use, dissemination, or disclosure, without consent, of any information obtained by means of any activity described in paragraph (1), (2), or (3).
added “(5) The provision of material support or resources for any activity described in paragraph (1), (2), (3), or (4), including by an official, employee, or agent of such foreign state.”
added
Clerical amendment— The table of sections for chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605B the following:
added
Application— This section and the amendments made by this section shall apply to any action pending on or filed on or after the date of the enactment of this Act.
Sec. 1763 Online and distance education classes and nonimmigrant visas
added
added
In general— Notwithstanding any other provision of law, for the period described in subsection (b), a nonimmigrant described in subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) may engage in online or distance education classes or programs that are determined necessary by an institution or program described in such subparagraph for the protection of health and safety, and such classes or programs shall count towards the requirement to pursue a full course of study to maintain nonimmigrant status.
added
Period described— The period described in this section—
added
begins on March 13, 2020; and
added
ends on the date that is the later of—
added
June 30, 2021; or
added
the date that is 90 days after the date on which the public health emergency declared with respect to COVID–19 by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) is terminated.
Sec. 1764 Transfer of Mare Island Naval Cemetery to Secretary of Veterans Affairs for maintenance by National Cemetery Administration
added
added
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 1 year after the date on which such report is submitted.
added
Maintenance by National Cemetery Administration— If the Mare Island Naval Cemetery is transferred to the Secretary of Veterans Affairs pursuant to subsection (a), the National Cemetery Administration shall maintain the cemetery as a national shrine.
added
Report—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the feasibility and advisability of exercising the authority granted by subsection (a).
added
Contents— The report submitted under paragraph (1) shall include the following:
added
An assessment of the feasibility and advisability of exercising the authority granted by subsection (a).
added
An estimate of the costs, including both direct and indirect costs, that the Department of Veterans Affairs would incur by exercising such authority.
Sec. 1765 Mitigation of helicopter noise
added
added
In general— The Secretary of Defense shall take the following actions to mitigate helicopter noise and to receive, track, and analyze complaints on an ongoing basis from individuals in the National Capital Region:
added
Develop a noise inquiry website, to assist in directing mitigation efforts toward concentrated areas of inquiry, that is based off of the websites of the Ronald Reagan Washington National Airport and the Dulles International Airport. Such website shall—
added
provide a form to collect inquiry information;
added
geo-tag the location of the inquiry to an exportable map;
added
export information to an Excel spreadsheet; and
added
send an email response to the individual making the inquiry.
added
Establish a helicopter noise abatement working group led by the Department of Defense to collect, correlate, and identify trends associated with helicopter noise within the National Capital Region, with officials of the Department of Defense and the Federal Aviation Administration in attendance. The working group shall recommend procedural changes to mitigate the impact of helicopter noise on the community only to the extent consistent with aviation safety and airspace efficiency and while sustaining aircrew readiness, training, and mission support.
added
Definition of National Capital Region— In this section, the term “National Capital Region” has the meaning given the term in section 2574 of title 10, United States Code.
Sec. 1766 Department of Defense support for certain sporting events
addedadded Section 2564 of title 10, United States Code, is amended—
added
in subsection (a), by inserting “the Paralympics,” after “the Olympics,”; and
added
in subsection (c)—
added
in the subsection heading, by striking “Inapplicability to” and inserting “Support of”;
added
by striking “Subsections (a) and (b) do not apply to” and inserting “The Secretary of Defense may authorize technical, contracting, and specialized equipment support to”;
added
in paragraph (4), by inserting “and Paralympic” after “Olympic”; and
added
in paragraph (5)(A)(iii), by inserting “and Paralympic” after “Olympic”.
Sec. 1767 Pilot program for online real estate inventory tool
added
added
In general— The Secretary of the Army in consultation with Administrator of the General Services Administration and Assistant Secretary of Defense for Sustainment shall establish a pilot program for developing an online real estate tool of existing inventory of space available at Army installations.
added
Purpose— The purpose of the online inventory tool is to—
added
achieve efficiencies in real estate property management consistent with the National Defense Strategy goal of finding greater efficiencies within the Department of Defense operations;
added
provide a public tool to better market space available at Army installations for better utilization of existing space; and
added
provide a tool to better quantify existing space and how it is utilize for current missions and requirements.
added
Considerations— The Secretary of the Army shall consider—
added
innovative approaches to establishing this pilot program including use of other transaction authorities consistent with section 2371 of title 10, United States Code, as well as use of commercial off-the-shelf technologies;
added
developing appropriate protections of sensitive or classified information from being included with the online inventory tool; and
added
developing appropriate levels of access for private sector users of the system.
added
Establishment of policy— After the pilot program has been established and locations identified, the Secretary of the Army shall develop policy requiring the use of the system described in subsection (a) to query for existing inventory before any military construction or off-post leases are agreed to. The Secretary of the Army shall ensure that all relevant notifications to congressional defense committees include certification that the system in subsection (a) was queried.
added
Rule of construction— Nothing in this section shall be construed to effect the application of title V of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411 et seq.).
Sec. 1768 Establishment of Southern New England Regional Commission
added
added
Establishment— Section 15301(a) of title 40, United States Code, is amended by adding at the end the following:
added “(4) The Southern New England Regional Commission.”
added
Designation of region—
added
In general— Subchapter II of chapter 157 of such title is amended by adding at the end the following:
added “15734. Southern New England Regional Commission
added “The region of the Southern New England Regional Commission shall include the following counties:
added “(1) Rhode Island—The counties of Providence, Washington, Newport, and Bristol in the State of Rhode Island.
added “(2) Connecticut—The counties of Hartford, New Haven, and New London in the State of Connecticut.
added “(3) Massachusetts—The counties of Hampden and Bristol in the State of Massachusetts.”
added
Technical and conforming amendment— The analysis for Subchapter II of chapter 157 of such title is amended by adding at the end the following:
added
Authorization of appropriations— The authorization of appropriations in section 15751 of title 40, United States Code, shall apply with respect to the Southern New England Regional Commission beginning with fiscal year 2021.
Sec. 1769 FedRamp Authorization Act
added
added
Short title— This section may be cited as the “Federal Risk and Authorization Management Program Authorization Act of 2020” or the “FedRAMP Authorization Act”.
added
Codification of the FedRAMP program—
added
Amendment— Chapter 36 of title 44, United States Code, is amended by adding at the end the following new sections:
added “3607. Federal Risk and Authorization Management Program
added “(a) Establishment—There is established within the General Services Administration the Federal Risk and Authorization Management Program. The Administrator of General Services, in accordance with the guidelines established pursuant to section 3612, shall establish a governmentwide program that provides the authoritative standardized approach to security assessment and authorization for cloud computing products and services that process unclassified information used by agencies.
added “(b) Components of fedramp—The Joint Authorization Board and the FedRAMP Program Management Office are established as components of FedRAMP.
added “3608. FedRAMP Program Management Office
added “(a) GSA duties
added “(1) Roles and responsibilities—The Administrator of General Services shall—
added “(A) determine the categories and characteristics of cloud computing information technology goods or services that are within the jurisdiction of FedRAMP and that require FedRAMP authorization from the Joint Authorization Board or the FedRAMP Program Management Office;
added “(B) develop, coordinate, and implement a process for the FedRAMP Program Management Office, the Joint Authorization Board, and agencies to review security assessments of cloud computing services pursuant to subsections (b) and (c) of section 3611, and appropriate oversight of continuous monitoring of cloud computing services; and
added “(C) ensure the continuous improvement of FedRAMP.
added “(2) Implementation—The Administrator shall oversee the implementation of FedRAMP, including—
added “(A) appointing a Program Director to oversee the FedRAMP Program Management Office;
added “(B) hiring professional staff as may be necessary for the effective operation of the FedRAMP Program Management Office, and such other activities as are essential to properly perform critical functions;
added “(C) entering into interagency agreements to detail personnel on a reimbursable or non-reimbursable basis to assist the FedRAMP Program Management Office and the Joint Authorization Board in discharging the responsibilities of the Office under this section; and
added “(D) such other actions as the Administrator may determine necessary to carry out this section.
added “(b) Duties—The FedRAMP Program Management Office shall have the following duties:
added “(1) Provide guidance to independent assessment organizations, validate the independent assessments, and apply the requirements and guidelines adopted in section 3609(c)(5).
added “(2) Oversee and issue guidelines regarding the qualifications, roles, and responsibilities of independent assessment organizations.
added “(3) Develop templates and other materials to support the Joint Authorization Board and agencies in the authorization of cloud computing services to increase the speed, effectiveness, and transparency of the authorization process, consistent with standards defined by the National Institute of Standards and Technology.
added “(4) Establish and maintain a public comment process for proposed guidance before the issuance of such guidance by FedRAMP.
added “(5) Issue FedRAMP authorization for any authorizations to operate issued by an agency that meets the requirements and guidelines described in paragraph (1).
added “(6) Establish frameworks for agencies to use authorization packages processed by the FedRAMP Program Management Office and Joint Authorization Board.
added “(7) Coordinate with the Secretary of Defense and the Secretary of Homeland Security to establish a framework for continuous monitoring and reporting required of agencies pursuant to section 3553.
added “(8) Establish a centralized and secure repository to collect and share necessary data, including security authorization packages, from the Joint Authorization Board and agencies to enable better sharing and reuse to such packages across agencies.
added “(c) Evaluation of automation procedures
added “(1) In general—The FedRAMP Program Management Office shall assess and evaluate available automation capabilities and procedures to improve the efficiency and effectiveness of the issuance of provisional authorizations to operate issued by the Joint Authorization Board and FedRAMP authorizations, including continuous monitoring of cloud environments and among cloud environments.
added “(2) Means for automation—Not later than 1 year after the date of the enactment of this section and updated annually thereafter, the FedRAMP Program Management Office shall establish a means for the automation of security assessments and reviews.
added “(d) Metrics for authorization—The FedRAMP Program Management Office shall establish annual metrics regarding the time and quality of the assessments necessary for completion of a FedRAMP authorization process in a manner that can be consistently tracked over time in conjunction with the periodic testing and evaluation process pursuant to section 3554 in a manner that minimizes the agency reporting burden.
added “3609. Joint Authorization Board
added “(a) Establishment—There is established the Joint Authorization Board which shall consist of cloud computing experts, appointed by the Director in consultation with the Administrator, from each of the following:
added “(1) The Department of Defense.
added “(2) The Department of Homeland Security.
added “(3) The General Services Administration.
added “(4) Such other agencies as determined by the Director, in consultation with the Administrator.
added “(b) Issuance of provisional authorizations To operate—The Joint Authorization Board shall conduct security assessments of cloud computing services and issue provisional authorizations to operate to cloud service providers that meet FedRAMP security guidelines set forth in section 3608(b)(1).
added “(c) Duties—The Joint Authorization Board shall—
added “(1) develop and make publicly available on a website, determined by the Administrator, criteria for prioritizing and selecting cloud computing services to be assessed by the Joint Authorization Board;
added “(2) provide regular updates on the status of any cloud computing service during the assessment and authorization process of the Joint Authorization Board;
added “(3) review and validate cloud computing services and independent assessment organization security packages or any documentation determined to be necessary by the Joint Authorization Board to evaluate the system security of a cloud computing service;
added “(4) in consultation with the FedRAMP Program Management Office, serve as a resource for best practices to accelerate the FedRAMP process;
added “(5) establish requirements and guidelines for security assessments of cloud computing services, consistent with standards defined by the National Institute of Standards and Technology, to be used by the Joint Authorization Board and agencies;
added “(6) perform such other roles and responsibilities as the Administrator may assign, in consultation with the FedRAMP Program Management Office and members of the Joint Authorization Board; and
added “(7) establish metrics and goals for reviews and activities associated with issuing provisional authorizations to operate and provide to the FedRAMP Program Management Office.
added “(d) Determinations of demand for cloud computing services—The Joint Authorization Board shall consult with the Chief Information Officers Council established in section 3603 to establish a process for prioritizing and accepting the cloud computing services to be granted a provisional authorization to operate through the Joint Authorization Board, which shall be made available on a public website.
added “(e) Detail of personnel—To assist the Joint Authorization Board in discharging the responsibilities under this section, personnel of agencies may be detailed to the Joint Authorization Board for the performance of duties described under subsection (c).
added “3610. Independent assessment organizations
added “(a) Requirements for accreditation—The Joint Authorization Board shall determine the requirements for certification of independent assessment organizations pursuant to section 3609. Such requirements may include developing or requiring certification programs for individuals employed by the independent assessment organizations who lead FedRAMP assessment teams.
added “(b) Assessment—Accredited independent assessment organizations may assess, validate, and attest to the quality and compliance of security assessment materials provided by cloud service providers.
added “3611. Roles and responsibilities of agencies
added “(a) In general—In implementing the requirements of FedRAMP, the head of each agency shall, consistent with guidance issued by the Director pursuant to section 3612—
added “(1) create policies to ensure cloud computing services used by the agency meet FedRAMP security requirements and other risk-based performance requirements as defined by the Director;
added “(2) issue agency-specific authorizations to operate for cloud computing services in compliance with section 3554;
added “(3) confirm whether there is a provisional authorization to operate in the cloud security repository established under section 3608(b)(10) issued by the Joint Authorization Board or a FedRAMP authorization issued by the FedRAMP Program Management Office before beginning an agency authorization for a cloud computing product or service;
added “(4) to the extent practicable, for any cloud computing product or service the agency seeks to authorize that has received either a provisional authorization to operate by the Joint Authorization Board or a FedRAMP authorization by the FedRAMP Program Management Office, use the existing assessments of security controls and materials within the authorization package; and
added “(5) provide data and information required to the Director pursuant to section 3612 to determine how agencies are meeting metrics as defined by the FedRAMP Program Management Office.
added “(b) Submission of policies required—Not later than 6 months after the date of the enactment of this section, the head of each agency shall submit to the Director the policies created pursuant to subsection (a)(1) for review and approval.
added “(c) Submission of authorizations To operate required—Upon issuance of an authorization to operate or a provisional authorization to operate issued by an agency, the head of each agency shall provide a copy of the authorization to operate letter and any supplementary information required pursuant to section 3608(b) to the FedRAMP Program Management Office.
added “(d) Presumption of adequacy
added “(1) In general—The assessment of security controls and materials within the authorization package for provisional authorizations to operate issued by the Joint Authorization Board and agency authorizations to operate that receive FedRAMP authorization from the FedRAMP Program Management Office shall be presumed adequate for use in agency authorizations of cloud computing products and services.
added “(2) Information security requirements—The presumption under paragraph (1) does not modify or alter the responsibility of any agency to ensure compliance with subchapter II of chapter 35 for any cloud computing products or services used by the agency.
added “3612. Roles and responsibilities of the Office of Management and Budget
added “The Director shall have the following duties:
added “(1) Issue guidance to ensure that an agency does not operate a Federal Government cloud computing service using Government data without an authorization to operate issued by the agency that meets the requirements of subchapter II of chapter 35 and FedRAMP.
added “(2) Ensure agencies are in compliance with any guidance or other requirements issued related to FedRAMP.
added “(3) Review, analyze, and update guidance on the adoption, security, and use of cloud computing services used by agencies.
added “(4) Ensure the Joint Authorization Board is in compliance with section 3609(c).
added “(5) Adjudicate disagreements between the Joint Authorization Board and cloud service providers seeking a provisional authorization to operate through the Joint Authorization Board.
added “(6) Promulgate regulations on the role of FedRAMP authorization in agency acquisition of cloud computing products and services that process unclassified information.
added “3613. Authorization of appropriations for FEDRAMP
added “There is authorized to be appropriated $20,000,000 each year for the FedRAMP Program Management Office and the Joint Authorization Board.
added “3614. Reports to Congress
added “Not later than 12 months after the date of the enactment of this section, and annually thereafter, the Director shall submit to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes the following:
added “(1) The status, efficiency, and effectiveness of FedRAMP Program Management Office and agencies during the preceding year in supporting the speed, effectiveness, sharing, reuse, and security of authorizations to operate for cloud computing products and services, including progress towards meeting the metrics adopted by the FedRAMP Program Management Office pursuant to section 3608(d) and the Joint Authorization Board pursuant to section 3609(c)(5).
added “(2) Data on agency use of provisional authorizations to operate issued by the Joint Authorization Board and agency sponsored authorizations that receive FedRAMP authorization by the FedRAMP Program Management Office.
added “(3) The length of time for the Joint Authorization Board to review applications for and issue provisional authorizations to operate.
added “(4) The length of time for the FedRAMP Program Management Office to review agency applications for and issue FedRAMP authorization.
added “(5) The number of provisional authorizations to operate issued by the Joint Authorization Board and FedRAMP authorizations issued by the FedRAMP Program Management Office for the previous year.
added “(6) A review of progress made during the preceding year in advancing automation techniques to securely automate FedRAMP processes and to accelerate reporting as described in this section.
added “(7) The number and characteristics of authorized cloud computing services in use at each agency consistent with guidance provided by the Director in section 3612.
added “3615. Federal Secure Cloud Advisory Committee
added “(a) Establishment, purposes, and duties
added “(1) Establishment—There is established a Federal Secure Cloud Advisory Committee (referred to in this section as the “Committee”) to ensure effective and ongoing coordination of agency adoption, use, authorization, monitoring, acquisition, and security of cloud computing products and services to enable agency mission and administrative priorities.
added “(2) Purposes—The purposes of the Committee are the following:
added “(A) To examine the operations of FedRAMP and determine ways that authorization processes can continuously be improved, including the following:
added “(i) Measures to increase agency re-use of provisional authorizations to operate issued by the Joint Authorization Board.
added “(ii) Proposed actions that can be adopted to reduce the cost of provisional authorizations to operate and FedRAMP authorizations for cloud service providers.
added “(iii) Measures to increase the number of provisional authorizations to operate or FedRAMP authorizations for cloud computing services offered by small businesses (as defined by section 3(a) of the Small Business Act (15 U.S.C. 632(a)).
added “(B) Collect information and feedback on agency compliance with and implementation of FedRAMP requirements.
added “(C) Serve as a forum that facilitates communication and collaboration among the FedRAMP stakeholder community.
added “(3) Duties—The duties of the Committee are, at a minimum, the following:
added “(A) Provide advice and recommendations to the Administrator, the Joint Authorization Board, and to agencies on technical, financial, programmatic, and operational matters regarding secure adoption of cloud computing services.
added “(B) Submit reports as required.
added “(b) Members
added “(1) Composition—The Committee shall be comprised of not more than 15 members who are qualified representatives from the public and private sectors, appointed by the Administrator, in consultation with the Administrator of the Office of Electronic Government, as follows:
added “(A) The Administrator or the Administrator’s designee, who shall be the Chair of the Committee.
added “(B) At least one representative each from the Cybersecurity and Infrastructure Security Agency and the National Institute of Standards and Technology.
added “(C) At least two officials who serve as the Chief Information Security Officer within an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee.
added “(D) At least one official serving as Chief Procurement Officer (or equivalent) in an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee.
added “(E) At least one individual representing an independent assessment organization.
added “(F) No fewer than five representatives from unique businesses that primarily provide cloud computing services or products, including at least two representatives from a small business (as defined by section 3(a) of the Small Business Act (15 U.S.C. 632(a))).
added “(G) At least two other government representatives as the Administrator determines to be necessary to provide sufficient balance, insights, or expertise to the Committee.
added “(2) Deadline for appointment—Each member of the Committee shall be appointed not later than 30 days after the date of the enactment of this Act.
added “(3) Period of appointment; vacancies
added “(A) In general—Each non-Federal member of the Committee shall be appointed for a term of 3 years, except that the initial terms for members may be staggered 1-, 2-, or 3-year terms to establish a rotation in which one-third of the members are selected each year. Any such member may be appointed for not more than 2 consecutive terms.
added “(B) Vacancies—Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office.
added “(c) Meetings and rules of procedures
added “(1) Meetings—The Committee shall hold not fewer than three meetings in a calendar year, at such time and place as determined by the Chair.
added “(2) Initial meeting—Not later than 120 days after the date of the enactment of this section, the Committee shall meet and begin the operations of the Committee.
added “(3) Rules of procedure—The Committee may establish rules for the conduct of the business of the Committee, if such rules are not inconsistent with this section or other applicable law.
added “(d) Employee status
added “(1) In general—A member of the Committee (other than a member who is appointed to the Committee in connection with another Federal appointment) shall not be considered an employee of the Federal Government by reason of any service as such a member, except for the purposes of section 5703 of title 5, relating to travel expenses.
added “(2) Pay not permitted—A member of the Committee covered by paragraph (1) may not receive pay by reason of service on the panel.
added “(e) Applicability to the Federal Advisory Committee Act—Notwithstanding any other provision of law, the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee, except that section 14 of such Act shall not apply.
added “(f) Hearings and evidence—The Committee, or on the authority of the Committee, any subcommittee, may, for the purposes of carrying out this section, hold hearings, sit and act at such times and places, take testimony, receive evidence, and administer oaths.
added “(g) Contracting—The Committee, may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Committee to discharge its duties under this section.
added “(h) Information from federal agencies
added “(1) In general—The Committee is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of the Committee. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Committee, upon request made by the Chair, the Chair of any subcommittee created by a majority of the Committee, or any member designated by a majority of the Committee.
added “(2) Receipt, handling, storage, and dissemination—Information may only be received, handled, stored, and disseminated by members of the Committee and its staff consistent with all applicable statutes, regulations, and Executive orders.
added “(i) Detail of employees—Any Federal Government employee may be detailed to the Committee without reimbursement from the Committee, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.
added “(j) Postal services—The Committee may use the United States mails in the same manner and under the same conditions as agencies.
added “(k) Expert and consultant services—The Committee is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, but at rates not to exceed the daily rate paid a person occupying a position at Level IV of the Executive Schedule under section 5315 of title 5.
added “(l) Reports
added “(1) Interim reports—The Committee may submit to the Administrator and Congress interim reports containing such findings, conclusions, and recommendations as have been agreed to by the Committee.
added “(2) Annual reports—Not later than 18 months after the date of the enactment of this section, and annually thereafter, the Committee shall submit to the Administrator and Congress a final report containing such findings, conclusions, and recommendations as have been agreed to by the Committee.
added “3616. Definitions
added “(a) In general—Except as provided under subsection (b), the definitions under sections 3502 and 3552 apply to sections 3607 through this section.
added “(b) Additional definitions—In sections 3607 through this section:
added “(1) Administrator—The term “Administrator” means the Administrator of General Services.
added “(2) Authorization package—The term “authorization package”—
added “(A) means the essential information used to determine whether to authorize the operation of an information system or the use of a designated set of common controls; and
added “(B) at a minimum, includes the information system security plan, privacy plan, security control assessment, privacy control assessment, and any relevant plans of action and milestones.
added “(3) Cloud computing—The term “cloud computing” has the meaning given that term by the National Institutes of Standards and Technology in NIST Special Publication 800–145 and any amendatory or superseding document thereto.
added “(4) Cloud service provider—The term “cloud service provider” means an entity offering cloud computing services to agencies.
added “(5) Director—The term “Director” means the Director of the Office of Management and Budget.
added “(6) Fedramp—The term “FedRAMP” means the Federal Risk and Authorization Management Program established under section 3607(a).
added “(7) Fedramp authorization—The term “FedRAMP authorization” means a cloud computing product or service that has received an agency authorization to operate and has been approved by the FedRAMP Program Management Office to meet requirements and guidelines established by the FedRAMP Program Management Office.
added “(8) Fedramp program management office—The term “FedRAMP Program Management Office” means the office that administers FedRAMP established under section 3608.
added “(9) Independent assessment organization—The term “independent assessment organization” means a third-party organization accredited by the Program Director of the FedRAMP Program Management Office to undertake conformity assessments of cloud service providers.
added “(10) Joint authorization board—The term “Joint Authorization Board” means the Joint Authorization Board established under section 3609.”
added
Technical and conforming amendment— The table of sections for chapter 36 of title 44, United States Code, is amended by adding at the end the following new items:
added
Sunset— This section and any amendment made by this section shall be repealed on the date that is 10 years after the date of the enactment of this section.
added
Rule of construction— Nothing in this section or any amendment made by this section shall be construed as altering or impairing the authorities of the Director of the Office of Management and Budget or the Secretary of Homeland Security under subchapter II of chapter 35 of title 44, United States Code.
Sec. 1770 Taxpayers Right-To-Know Act
added
added
Short title— This section may be cited as the “Taxpayers Right-To-Know Act”.
added
Inventory of government programs— Section 1122(a) of title 31, United States Code, is amended—
added
by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively;
added
by inserting before paragraph (2), as so redesignated, the following:
added “(1) Definitions—For purposes of this subsection—
added “(A) the term Federal financial assistance has the meaning given that term under section 7501;
added “(B) the term open Government data asset has the meaning given that term under section 3502 of title 44;
added “(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
added “(D) the term program activity has the meaning given that term in section 1115(h).”
added
in paragraph (2), as so redesignated—
added
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”;
added
in subparagraph (A), by inserting “that includes the information required under subsections (b) and (c)” after “a single website”; and
added
by striking subparagraphs (B) and (C) and inserting the following:
added “(B) include on the website described in subparagraph (A), or another appropriate Federal Government website where related information is made available, as determined by the Director—
added “(i) a program inventory that shall identify each program; and
added “(ii) for each program identified in the program inventory, the information required under paragraph (3);
added “(C) make the information in the program inventory required under subparagraph (B) available as an open Government data asset; and
added “(D) at a minimum—
added “(i) update the information required to be included on the single website under subparagraph (A) on a quarterly basis; and
added “(ii) update the program inventory required under subparagraph (B) on an annual basis.”
added
in paragraph (3), as so redesignated—
added
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”;
added
in subparagraph (B), by striking “and” at the end;
added
in subparagraph (C), by striking the period at the end and inserting “and,”; and
added
by adding at the end the following:
added “(D) for each program activity that is part of a program—
added “(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;
added “(ii) a consolidated view for the current fiscal year and each of the 2 fiscal years before the current fiscal year of—
added “(I) the amount appropriated;
added “(II) the amount obligated; and
added “(III) the amount outlayed;
added “(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);
added “(iv) an identification of the statutes that authorize the program activity or the authority under which the program activity was created or operates;
added “(v) an identification of any major regulations specific to the program activity;
added “(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
added “(vii) for each assistance listing under which Federal financial assistance is provided, for the current fiscal year and each of the 2 fiscal years before the current fiscal year and consistent with existing law relating to the protection of personally identifiable information—
added “(I) a linkage to the relevant program activities that fund Federal financial assistance by assistance listing;
added “(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;
added “(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;
added “(IV) to the extent practicable, the percentage of the amount appropriated for the assistance listing that is used for management and administration;
added “(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
added “(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).”
added
by adding at the end the following:
added “(4) Archiving—The Director of the Office of Management and Budget shall—
added “(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
added “(B) make information archived in accordance with subparagraph (A) publicly available as an open Government data asset.”
added
Guidance, implementation, reporting, and review—
added
Definitions— In this subsection—
added
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;
added
the term Director means the Director of the Office of Management and Budget;
added
the term program has the meaning given that term in section 1122(a)(1) of title 31, United States Code, as amended by subsection (b) of this section;
added
the term program activity has the meaning given that term in section 1115(h) of title 31, United States Code; and
added
the term Secretary means the Secretary of the Treasury.
added
Plan for implementation and reconciling program definitions— Not later than 180 days after the date of enactment of this Act, the Director, in consultation with the Secretary, shall submit to the appropriate congressional committees a report that—
added
includes a plan that—
added
discusses how making available on a website the information required under subsection (a) of section 1122 of title 31, United States Code, as amended by subsection (b), will leverage existing data sources while avoiding duplicative or overlapping information in presenting information relating to program activities and programs;
added
indicates how any gaps in data will be assessed and addressed;
added
indicates how the Director will display such data; and
added
discusses how the Director will expand the information collected with respect to program activities to incorporate the information required under the amendments made by subsection (b);
added
sets forth details regarding a pilot program, developed in accordance with best practices for effective pilot programs—
added
to develop and implement a functional program inventory that could be limited in scope; and
added
under which the information required under the amendments made by subsection (b) with respect to program activities shall be made available on the website required under section 1122(a) of title 31, United States Code;
added
establishes an implementation timeline for—
added
gathering and building program activity information;
added
developing and implementing the pilot program;
added
seeking and responding to stakeholder comments;
added
developing and presenting findings from the pilot program to the appropriate congressional committees;
added
notifying the appropriate congressional committees regarding how program activities will be aggregated, disaggregated, or consolidated as part of identifying programs; and
added
implementing a Governmentwide program inventory through an iterative approach; and
added
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.
added
Implementation—
added
In general— Not later than 3 years after the date of enactment of this Act, the Director shall make available online all information required under the amendments made by subsection (b) with respect to all programs.
added
Extensions— The Director may, based on an analysis of the costs of implementation, and after submitting to the appropriate congressional committees a notification of the action by the Director, extend the deadline for implementation under subparagraph (A) by not more than a total of 1 year.
added
Reporting— Not later than 2 years after the date on which the Director makes available online all information required under the amendments made by subsection (b) with respect to all programs, the Comptroller General of the United States shall submit to the appropriate congressional committees a report regarding the implementation of this section and the amendments made by this section, which shall—
added
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;
added
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;
added
evaluate the extent to which the program inventory provides a coherent picture of the scope of Federal investments in particular areas; and
added
include the recommendations of the Comptroller General, if any, for improving implementation of this section and the amendments made by this section.
added
Technical and conforming amendments—
added
In general— Section 1122 of title 31, United States Code, is amended—
added
in subsection (b), in the matter preceding paragraph (1), by inserting “described in subsection (a)(2)(A)” after “the website” each place it appears;
added
in subsection (c), in the matter preceding paragraph (1), by inserting “described in subsection (a)(2)(A)” after “the website”; and
added
in subsection (d)—
added
in the subsection heading, by striking “on website”; and
added
in the first sentence, by striking “on the website”.
added
Other amendments—
added
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”.
added
Section 10 of the GPRA Modernization Act of 2010 (31 U.S.C. 1115 note) is amended—
added
in subsection (a)(3), by striking “the website described under” and inserting “a website described in”; and
added
in subsection (b)—
added
in paragraph (1), by striking “the website described under” and inserting “a website described in”; and
added
in paragraph (3), by striking “the website as required under” and inserting “a website described in”.
added
Section 1120(a)(5) of title 31, United States Code, is amended by striking “the website described under” and inserting “a website described in”.
added
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”.
added
Section 3512(a)(1) of title 31, United States Code, is amended by striking “the website described under” and inserting “a website described in”.
Sec. 1771 Building United States capacity for verification and manufacturing of advanced microelectronics
added
added
In general— The Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology, shall carry out research and development to enable advances and breakthroughs in measurement science, standards, material characterization, instrumentation, testing, and manufacturing capabilities that will accelerate the underlying research and development for design, development, and manufacturability of next generation microelectronics and ensure the competitiveness and leadership of the United States within the microlectronics sector.
added
Elements— The activities under subsection (a) shall include research and development in the following areas:
added
Advanced metrology and characterization for manufacturing of microchips using 3 nanometer transistor processes or more advanced processes.
added
Metrology for security and supply chain verification, including pre-silicon security verification of the design for logical and physical vulnerabilities beyond current functional analysis.
Sec. 1772 Threshold for reporting additions to toxics release inventory
addedadded Section 7321 of the PFAS Act of 2019 (Public Law 116–92) is amended—
added
in subsection (b), by adding at the end the following:
added “(3) Limitation—Section 372.38 of title 40, Code of Federal Regulations (or any successor regulation), shall not apply to a chemical described in paragraph (1) unless the Administrator, in accordance with paragraph (2)(B), revises the threshold for reporting such chemical to 10,000 pounds.”
added
in subsection (c), by adding at the end the following:
added “(3) Limitation—Section 372.38 of title 40, Code of Federal Regulations (or any successor regulation), shall not apply to the substances and classes of substances included in the toxics release inventory under paragraph (1) unless the Administrator, in accordance with paragraph (2)(B), revises the threshold for reporting such substances and class of substances to 10,000 pounds.”
added
in subsection (d), by adding at the end the following:
added “(4) Limitation—Section 372.38 of title 40, Code of Federal Regulations (or any successor regulation), shall not apply to the substances and classes of substances described in paragraph (2) unless the Administrator sets a 10,000 pound reporting threshold for such substances and classes of substances.”
Sec. 1773 Hemp products
addedadded The Secretary of Defense may not prohibit, on the basis of a product containing hemp or any ingredient derived from hemp, the possession, use, or consumption of such product by a member of the Armed Forces if—
added
the hemp meets the definition in section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o); and
added
such possession, use, or consumption is in compliance with applicable Federal, State, and local law.
Sec. 1774 Exemption from Paperwork Reduction Act
added
added
Uniformed Services University of the Health Sciences— Chapter 104 of title 10, United States Code, is amended by adding at the end the following new section:
added “2117. Exemption from Paperwork Reduction Act
added “Subchapter I of chapter 35 of title 44 shall not apply to the voluntary collection of information during the conduct of research by the University.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2116 the following new item:
Sec. 1775 Support for the designation of National Borinqueneers Day
added
added
Sense of Congress— It is the Sense of Congress that—
added
in 1898, Puerto Rico became a territory of the United States and, the following year, Congress authorized raising a military unit of volunteer soldiers on the island, which was organized as the “Puerto Rico Regiment of Volunteer Infantry”;
added
in 1908, Congress incorporated the regiment as part of the regular United States Army as the “Puerto Rico Regiment of Infantry”;
added
in 1917, after the United States entry into World War I, the Puerto Rico Regiment of Infantry was sent to Panama to defend the Panama Canal Zone;
added
in 1920, Congress redesignated the unit as the 65th Infantry Regiment of the United States Army;
added
during World War II, the 65th Infantry Regiment served in North Africa and Europe, including combat operations in France and Germany for which members of the unit received commendations for valiant service, including 1 Distinguished Service Cross, 2 Silver Stars, 2 Bronze Stars, and 90 Purple Hearts;
added
in 1950, the 65th Infantry Regiment deployed to South Korea, and during the voyage the soldiers nicknamed the unit the “Borinqueneers”, a reference to the native Taíno Tribe’s name for the island of Puerto Rico;
added
during the Korean war, the 65th Infantry Regiment (hereinafter, the “Borinqueneers”) engaged in substantial combat operations on the Korean Peninsula, and the unit played a central role in several important offensives and counter-offensives that earned it well-deserved admiration and commendation;
added
the Borinqueneers’ extraordinary service during the Korean war resulted in the Regiment receiving 2 Presidential Unit Citations (Army and Navy), 2 Republic of Korea Presidential Unit Citations, a Meritorious Unit Commendation (Army), a Navy Unit Commendation, the Chryssoun Aristion Andrias (Bravery Gold Medal of Greece), and campaign participation credits for United Nations Offensive, Chinese Communist Forces (CCF) Intervention, First United Nations Counteroffensive, CCF Spring Offensive, United Nations Summer-Fall Offensive, Second Korean Winter, Korea Summer-Fall 1952, Third Korean Winter, and Korea Summer 1953;
added
the Borinqueneers’ extraordinary service during the Korean war also resulted in numerous individual commendations and awards for its soldiers, including 1 Medal of Honor, 9 Distinguished Service Crosses, more than 250 Silver Stars, more than 600 Bronze Stars, and more than 2,700 Purple Hearts;
added
in 1956, the 65th Infantry Regiment was deactivated from the regular United States Army and, in 1959, its units and regimental number were assigned to the Puerto Rico National Guard;
added
in 1982, the United States Army Center of Military History officially authorized designating the 65th Infantry Regiment as the “Borinqueneers”; and
added
on April 13, 2016, Congress awarded the Congressional Gold Medal to the 65th Infantry Regiment in recognition of the Borinqueneers’ numerous contributions to American history and outstanding military service from World War I through the recent conflicts in Afghanistan and Iraq.
added
Resolution— The House of Representatives—
added
expresses support for the designation of “National Borinqueneers Day”;
added
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;
added
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
added
urges individuals and communities across the United States to participate in activities that are designed—
added
to celebrate the distinguished service of the military veterans who served in the 65th Infantry Regiment, known as the “Borinqueneers”;
added
to pay tribute to the sacrifices made and adversities overcome by Puerto Rican and Hispanic military service members; and
added
to recognize the significant contributions to American history made by the 65th Infantry Regiment, known as the “Borinqueneers”.
Sec. 1776 Temporary relief for private student loan borrowers
added
added
In general— A servicer of a private education loan extended to a covered borrower shall suspend all payments on such loan through September 30, 2021.
added
No accrual of interest— Interest shall not accrue on a loan described under subsection (a) for which payment was suspended for the period of the suspension.
added
Consideration of payments— A servicer of a private education loan extended to a covered borrower shall deem each month for which a loan payment was suspended under this section as if the borrower of the loan had made a payment for the purpose of any loan forgiveness program or loan rehabilitation program for which the borrower would have otherwise qualified.
added
Reporting to consumer reporting agencies— During the period in which a loan payment was suspended under this section, the servicer of the loan shall ensure that, for the purpose of reporting information about the loan to a consumer reporting agency, any payment that has been suspended is treated as if it were a regularly scheduled payment made by a borrower.
added
Suspending involuntary collection— During the period for which a loan payment was suspended under this section, the servicer or holder of the loan shall suspend all involuntary collection related to the loan.
added
Notice to borrowers and transition period— To inform covered borrowers of the actions taken in accordance with this section and ensure an effective transition, the servicer of a private education loan extended to a covered borrower shall—
added
not later than 15 days after the date of enactment of this Act, notify covered borrowers—
added
of the actions taken in accordance with subsections (a) and (b) for whom payments have been suspended and interest waived;
added
of the actions taken in accordance with subsection (e) for whom collections have been suspended;
added
of the option to continue making payments toward principal; and
added
that the program under this section is a temporary program; and
added
beginning on August 1, 2020, carry out a program to provide not less than 6 notices by postal mail, telephone, or electronic communication to covered borrowers indicating when the borrower’s normal payment obligations will resume.
added
Definitions— In this section:
added
Covered borrower— The term “covered borrower” means a borrower of a private education loan.
added
Private education loan— The term private education loan has the meaning given the term in section 140 of the Truth in Lending Act (15 U.S.C. 1650).
Sec. 1777 Support for national maritime heritage grants program
addedadded 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. 1778 Extension of time to review World War I Valor Medals
added
added
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 “seven”.
added
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).
Sec. 1779 Ensuring Chinese debt transparency
added
added
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.
added
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—
added
a description of progress made toward advancing the policy described in subsection (a) of this section; and
added
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.
added
Sunset— Subsections (a) and (b) of this section shall have no force or effect after the earlier of—
added
the date that is 7 years after the date of the enactment of this Act; or
added
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.
Sec. 1780 Strategy to secure email
added
added
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.
added
Elements— The strategy required under subsection (a) shall include the following:
added
A recommendation for the minimum size threshold for United States-based email providers for applicability of Domain-based Message Authentication, Reporting, and Conformance.
added
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.
added
An identification of key United States and international stakeholders associated with such implementation.
added
An identification of any barriers to such implementing, including a cost-benefit analysis where feasible.
added
An initial estimate of the total cost to the Federal Government and implementing entities in the private sector of such implementing, including recommendations for defraying such costs, if applicable.
added
Consultation— In developing the strategies and recommendations under subsection (a), the Secretary of Homeland Security may, as appropriate, consult with representatives from the information technology sector.
added
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. 1781 Report on threat posed by domestic terrorists
added
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation, the Under Secretary of Homeland Security for Intelligence and Analysis, and the Director of National Intelligence (acting through the National Counterterrorism Center) shall jointly submit to the appropriate congressional committees a report that includes an evaluation of the nature and extent of the domestic terror threat and domestic terrorist groups.
added
Elements— The report under subsection (a) shall—
added
describe the manner in which domestic terror activity is tracked and reported;
added
identify all known domestic terror groups, whether formal in nature or loosely affiliated ideologies;
added
include a breakdown of the ideology of each group; and
added
describe the efforts of such groups, if any, to infiltrate or target domestic constitutionally protected activity by citizens for cooption or to carry out attacks, and the number of individuals associated or affiliated with each group that engages in such efforts.
Sec. 1782 Domestic procurement of tungsten and tungsten powder
addedadded To the extent practicable, the Secretary of Defense shall prioritize the procurement of tungsten and tungsten powder from only domestic producers.
Sec. 1783 Department of defense mechanism for provision of dissenting views
added
added
In general— The Secretary of Defense shall establish a mechanism through which members of the Armed Forces and civilian employees of the Department of Defense may privately provide dissenting views regarding the Department of Defense and United States national security policy without fear of retribution.
added
Briefing— Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the status of the mechanism required by subsection (a).
added
Rule of construction— Nothing in this section shall be construed to alleviate the duty of any individual to follow the military chain of command or to follow the policies of the Department of Defense and Federal Government.
Sec. 1784 Sector Risk Management Agencies
added
added
Definitions— In this Act:
added
Appropriate congressional committees— The term “appropriate congressional committees” means the Committee on Homeland Security and the Committee on Armed Services in the House of Representatives and the Committee on Homeland Security and Governmental Affairs and Committee on Armed Services in the Senate.
added
Critical infrastructure— The term “critical infrastructure” has the meaning given that term in section 2(4) of the Homeland Security Act of 2002.
added
Department— The term “Department” means the Department of Homeland Security.
added
Director— The term “Director” means the Director of the Cybersecurity and Infrastructure Security Agency of the Department.
added
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.
added
Secretary— The term “Secretary” means the Secretary of Homeland Security.
added
Sector risk management agency— The term “sector risk management agency” has the meaning given that term in section 2201(5) of the Homeland Security Act of 2002.
added
Critical infrastructure sector designation—
added
Initial review— Not later than 180 days after the date of the enactment of this Act, the Secretary shall review the current framework for securing critical infrastructure, as described in section 2202(c)(4) of the Homeland Security Act and Presidential Policy Directive 21, and submit a report to the President containing recommendations for—
added
any revisions to the current framework for securing critical infrastructure;
added
any revisions to the list of critical infrastructure sectors set forth in Presidential Policy Directive 21 or previously designated subsectors; and
added
any revisions to the list of designated Federal departments or agencies that serve as the Sector Risk Management Agency for a sector or subsector, necessary to comply with paragraph (3)(B).
added
Periodic evaluation by the Secretary— At least once every 5 years, the Secretary, in consultation with the Director, shall—
added
evaluate the current list of critical infrastructure sectors and subsectors and the appropriateness of Sector Risk Management Agency designations, as set forth in Presidential Policy Directive 21, or any successor document or policy; and
added
recommend to the President—
added
any revisions to the list of critical infrastructure sectors or subsectors; and
added
any revisions to the designation of any Federal department or agency designated as the Sector Risk Management Agency for a sector or subsector.
added
Review and revision by the president—
added
In general— Not later than 180 days after a recommendation by the Secretary pursuant to paragraph (2), the President shall—
added
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; or
added
submit a report to appropriate congressional committees, and the Majority and Minority Leaders of the Senate and the Speaker and Minority Leader of the House of Representatives, explaining the basis for rejecting the recommendations of the Secretary.
added
Limitation— The President may only designate an agency under this subsection if the agency is referenced in section 205 of the Chief Financial Officers Act of 1990 (42 U.S.C. 901).
added
Publication— Any designation of critical infrastructure sectors shall be published in the Federal Register.
added
Sector risk management agencies—
added
References— Any reference to a sector-specific agency in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Sector Risk Management Agency of the relevant critical infrastructure sector.
added
Sector risk management agency— Subtitle A of title XXII of the Homeland Security Act of 2002 is amended by adding at the end the following new section:
added “2215. Sector Risk Management Agencies
added “(a) In general—Each Sector Risk Management Agency, as designated by law or presidential directive, shall—
added “(1) provide specialized sector-specific expertise to critical infrastructure owners and operators within the relevant sector; and
added “(2) support programs and associated activities of its designated critical infrastructure sector in coordination with the Director.
added “(b) Coordination—In carrying out this section, Sector Risk Management Agencies shall—
added “(1) coordinate with the Department and other relevant Federal departments and agencies, as appropriate;
added “(2) collaborate with critical infrastructure owners and operators within the designated critical infrastructure sector or subsector; and
added “(3) coordinate with independent regulatory agencies, and State, local, Tribal, and territorial entities, as appropriate.
added “(c) Responsibilities—Each Sector Risk Management Agency shall utilize its specialized expertise about its designated critical infrastructure sector or subsector and authorities under applicable law to—
added “(1) support sector risk management, including—
added “(A) establishing and carrying out programs, in coordination with the Director, to assist critical infrastructure owners and operators within the designated sector in identifying, understanding, and mitigating threats, vulnerabilities, and risks to their systems or assets, or within a region or sector; and
added “(B) recommending security measures to mitigate the consequences of destruction, compromise, and disruption of systems and assets;
added “(2) assess sector risk, including—
added “(A) identifying, assessing, and prioritizing risks within the designated sector, considering physical and cyber threats, vulnerabilities, and consequences; and
added “(B) supporting national risk assessment efforts led by the Department, through the Director;
added “(3) sector coordination, including—
added “(A) serving as a day-to-day Federal interface for the prioritization and coordination of sector-specific activities and responsibilities under this section;
added “(B) serving as the government coordinating council chair for the designated sector or subsector; and
added “(C) participating in cross-sector coordinating councils, as appropriate;
added “(4) facilitating the sharing of information about cyber and physical threats within the sector to the Department, including—
added “(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 in section 2209 of the Homeland Security Act of 2002;
added “(B) facilitating the identification of intelligence needs and priorities of critical infrastructure owners and operators in the sector, in coordination with the Director, the Office of Director of National Intelligence, and other Federal departments and agencies, as appropriate;
added “(C) providing the Director ongoing, and where possible, real-time awareness of identified threats, vulnerabilities, mitigations, and other actions related to the security of the sector; and
added “(D) supporting the reporting requirements of the Department of Homeland Security under applicable law by providing, on an annual basis, sector-specific critical infrastructure information;
added “(5) supporting incident management, including—
added “(A) supporting, in coordination with the Director, incident management and restoration efforts during or following a security incident; and
added “(B) supporting the Director, upon request, in conducting vulnerability assessments and asset response activities for critical infrastructure; and
added “(6) contributing to emergency preparedness efforts, including—
added “(A) coordinating with critical infrastructure owners and operators within the designated sector, as well as 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;
added “(B) conducting exercises and simulations of potential natural disasters, acts of terrorism, or other man-made disasters or emergencies within the sector; and
added “(C) supporting the Department and other Federal departments or agencies in developing planning documents or conducting exercises or simulations relevant to their assigned sector.”
added
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:
added
Reporting and auditing— Not later than 2 years after the date of the enactment of this Act and every 4 years thereafter, 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.
Sec. 1785 Integration of members of the Armed Forces who are minorities
addedadded Each Secretary of a military department shall—
added
share lessons learned and best practices on the progress of plans to integrate members of the Armed Forces who identify as belonging to a minority group into the military department under the jurisdiction of the Secretary; and
added
strategically communicate such progress with other military departments and the public.
Sec. 1786 Policy on conscious and unconscious gender bias
addedadded The Secretary of Defense shall develop a policy that defines conscious and unconscious gender bias and provides guidance to eliminate conscious and unconscious gender bias.
Sec. 1787 Protections for pregnant members of the Armed Forces
addedadded Each Secretary of a military department shall develop and implement policies to ensure that the career of a member of the Armed Forces is not negatively affected as a result of such member becoming pregnant.
Sec. 1788 Release of Department of Defense documents on the 1981 El Mozote massacre in El Salvador
added
added
Release of materials— Not more than 30 days after the date of the enactment of this Act, the Secretary of Defense shall direct all Defense Agency bureaus, departments, agencies, and entities to identify and release to Salvadoran judicial authorities, including to the Salvadoran presiding judge investigating and prosecuting the El Mozote massacre case, all materials that might be relevant to the El Mozote massacre that occurred in December of 1981.
added
Materials described— The materials required to be released under subsection (a) include—
added
all documents, correspondence, reproductions of Salvadoran documents, and other similar materials dated during, or originating from, the period beginning on January 1, 1981, and ending on January 30, 1983, that are relevant to the massacre that occurred at El Mozote, El Salvador, and surrounding communities, in December of 1981;
added
all materials dated during, or originating from, the period referred to in paragraph (1) related to the establishment, operations, command structure, officers and troops of the Atlacatl Battalion; and
added
any other materials the Secretary determines are relevant to the El Mozote massacre.
added
Timeline for completion— The Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a specific timeline for the completion of the release of the materials as required under subsection (a). Such timeline for completion may not exceed 150 days after the date of the enactment of this Act.
Sec. 1789 Study and establishment of the Assistant Deputy Secretary for Environment and Resilience
added
added
Study—
added
In general— The Secretary of Defense shall carry out a study on the creation of a position of Assistant Deputy Secretary for Environment and Resilience, which would broaden the responsibilities and authorities of the Deputy Assistant Secretary for Environment. The Secretary shall determine the scope of duties for this position by evaluating which defense activities outside of sustainment are impacted by the threat of anticipated or unanticipated changes in environmental conditions, or extreme weather events. The Secretary shall also consider whether the position of Assistant Deputy Secretary for Environment and Resilience should—
added
update and execute on the Department of Defense’s 2014 Climate Change Adaptation Roadmap;
added
collaborate with other Assistant Deputy Secretaries of Defense and Assistant Secretaries of Defense to develop recommendations on how to factor climate risks into Department of Defense policies; and
added
undertake such other duties related to environmental resilience as the Secretary may determine appropriate.
added
Report to Congress— Not later than the end of the 60-day period beginning on the date of enactment of this Act, the Secretary shall issue a report to the Congress containing all findings and determinations made in carrying out the study required under paragraph (1).
added
Establishment— After issuing the report required under subsection (a), the Secretary shall establish the position of Assistant Deputy Secretary for Environment and Resilience and delegate such duties to the position as the Secretary determines appropriate, taking into account the results of the study required under subsection (a).
added
Annual report— The Assistant Deputy Secretary for Environment and Resilience shall issue an annual report to the Secretary of Defense and the Congress containing a description of the actions taken by the Assistant Deputy Secretary during the previous year.
Sec. 1790 Expansion of eligibility for HUD–VASH
added
added
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:
added “(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.”
added
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.”.
added
Annual reports—
added
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–VASH program under section 8(o)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)).
added
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. 1791 Waiver authority with respect to institutions located in an area affected by Hurricane Maria
added
added
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 shall, for each of the fiscal years 2020 through 2022 (and may, for each of the fiscal years 2023 and 2024)—
added
waive—
added
the eligibility data requirements set forth in section 391(d) of the Higher Education Act of 1965 (20 U.S.C. 1068(d));
added
the wait-out period set forth in section 313(d) of the Higher Education Act of 1965 (20 U.S.C. 1059(d));
added
the allotment requirements under section 324 of the Higher Education Act of 1965 (20 U.S.C. 1063); and
added
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));
added
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 2020 or for any of the 4 succeeding fiscal years, as necessary; and
added
make available to each affected institution an amount that is not less than the amount made available to such institution under title III of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.) for fiscal year 2017, except that for any fiscal year for which the funds appropriated for payments under such title are less than the appropriated level for fiscal year 2017, the amount made available to such institutions shall be ratably reduced among the institutions receiving funds under such title.
added
Definitions— In this section:
added
Affected institution— 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—
added
is—
added
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
added
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));
added
is located in a covered area affected by a hurricane disaster; and
added
is able to demonstrate that, as a result of the impact of a covered hurricane disaster, the institution—
added
incurred physical damage;
added
has pursued collateral source compensation from insurance, the Federal Emergency Management Agency, and the Small Business Administration, as appropriate; and
added
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.
added
Covered area affected by a hurricane disaster— 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.
added
Covered hurricane disaster— 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.
Sec. 1792 Credit monitoring
addedadded Section 605A(k) of the Fair Credit Reporting Act (15 U.S.C. 1681c–1(k)) is amended by striking paragraph (4).
Sec. 1793 Department of Homeland Security CISA Director term limitation
added
added
In general— Subsection (b) of section 2202 of the Homeland Security Act of 2002 (6 U.S.C. 652) is amended by—
added
redesignating paragraph (2) as paragraph (4); and
added
inserting after paragraph (1) the following new paragraphs:
added “(2) Qualifications
added “(A) In general—The Director shall be appointed from among individuals who have—
added “(i) extensive knowledge in at least two of the areas specified in subparagraph (B); and
added “(ii) not fewer than 5 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.
added “(B) Specified areas—The areas specified in this subparagraph are the following:
added “(i) Cybersecurity.
added “(ii) Infrastructure security.
added “(iii) Security risk management.
added “(3) Term—Effective with respect to an individual appointed to be the Director by the President, by and with the advice and consent of the Senate, after the date of the enactment of this paragraph, the term of office of such an individual so appointed shall be 5 years, and such an individual may not serve more than two terms. The term of office of the individual serving as the Director as of such date of enactment shall be 5 years beginning on the date on which the Director began serving.”
added
Change of title of Assistant Director to Executive Assistant Director—
added
Cybersecurity division— Section 2203 of the Homeland Security Act of 2002 (6 U.S.C. 653) is amended—
added
in subsection (a)—
added
in the heading for paragraph (2), by striking “Assistant Director” and inserting “Executive Assistant Director”; and
added
in paragraph (2), by striking “Assistant Director for Cybersecurity (in this section referred to as the “Assistant Director”)” and inserting “Executive Assistant Director for Cybersecurity (in this section referred to as the “Executive Assistant Director”)”; and
added
by striking “Assistant Director” each place it appears and inserting “Executive Assistant Director”.
added
Infrastructure security division— Section 2204 of the Homeland Security Act of 2002 (6 U.S.C. 654) is amended—
added
in subsection (a)—
added
in the heading for paragraph (2), by striking “Assistant Director” and inserting “Executive Assistant Director”; and
added
in paragraph (2), by striking “Assistant Director for Infrastructure Security (in this section referred to as the “Assistant Director”)” and inserting “Executive Assistant Director for Infrastructure Security (in this section referred to as the “Executive Assistant Director”)”; and
added
by striking “Assistant Director” each place it appears and inserting “Executive Assistant Director”.
added
Amendment relating to qualifications for certain CISA Executive Assistant Directors— The Homeland Security Act of 2002 is amended—
added
in subparagraph (B) of section 2203(a)(2) (6 U.S.C. 653(a)(2)), by striking “President without the advice and consent of the Senate” and inserting “Secretary”; and
added
in subparagraph (B) of section 2204(a)(2) (6 U.S.C. 654(a)(2)), by striking “President without the advice and consent of the Senate” and inserting “Secretary”.
added
Amendment to position level of CISA Director— Subchapter II of chapter 53 of title 5, United States Code, is amended—
added
in section 5313, by inserting after “Administrator of the Transportation Security Administration.” the following:
added “Director, Cybersecurity and Infrastructure Security Agency.”
added
in section 5314, by striking “Director, Cybersecurity and Infrastructure Security Agency.”.
Sec. 1794 Workforce issues for military realignments in the Pacific
addedadded 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—
added
by striking “contact” and inserting “contract”;
added
by inserting “supporting,” after “connected to,”;
added
by striking “or” before “associated with”;
added
by inserting “or adversely affected by” after “associated with,”; and
added
by inserting “, with priority given to federally funded military projects” after “and in the Commonwealth”.
Sec. 1795 Inclusion on the Vietnam Veterans Memorial Wall of the names of the lost crew members of the U.S.S. Frank E. Evans killed on June 3, 1969
added
added
In general— Not later than 1 year after the date of enactment of this Act, the Secretary of Defense shall authorize the inclusion on the Vietnam Veterans Memorial Wall in the District of Columbia of the names of the 74 crew members of the U.S.S. Frank E. Evans killed on June 3, 1969.
added
Required consultation— The Secretary of Defense shall consult with the Secretary of the Interior, the American Battlefield Monuments Commission, and other applicable authorities with respect to any adjustments to the nomenclature and placement of names pursuant to subsection (a) to address any space limitations on the placement of additional names on the Vietnam Veterans Memorial Wall.
added
Nonapplicability of Commemorative Works Act— Chapter 89 of title 40, United States Code (commonly known as the “Commemorative Works Act”), shall not apply to any activities carried out under subsection (a) or (b).
Sec. 1796 Study on viability of seawater mining for critical minerals
added
added
Finding— The Congress finds that—
added
extracting minerals from seawater has the potential to provide a domestic source for minerals that are critical to the defense industrial base of the United States, which would reduce the dependence of the United States on imports of the minerals while strengthening the national security and the defense industrial base of the United States;
added
the cost of extracting uranium from seawater has dropped significantly to nearly $400 per kilogram; and
added
extracting uranium from seawater is an environmentally friendly, emerging technology solution that has the potential to transform how uranium is extracted.
added
Study— Within 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the head of any other relevant Federal agency and relevant stakeholders, shall conduct a study of the viability of extracting minerals, such as uranium, that are critical to the defense industrial base of the United States, from seawater.
added
Report— Within 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Armed Services and the Committee on Environment and Public Works of the Senate a written report which contains the results of the study required by subsection (b).
Sec. 1797 Restrictions on Confucius Institutes
added
added
Restrictions on Confucius Institutes— An institution of higher education or other postsecondary educational institution (referred to in this section as an “institution”) shall not be eligible to receive Federal funds from the Department of Defense, other than educational assistance funds that are provided directly to students, unless—
added
the institution submits any contract or agreement between the institution and a Confucius Institute to the National Academies of Sciences, Engineering, and Medicine; and
added
the National Academies of Sciences, Engineering, and Medicine issues a written determination that the contract or agreement includes clear provisions that—
added
protect academic freedom at the institution;
added
prohibit the application of any foreign law on any campus of the institution; and
added
grant full managerial authority of the Confucius Institute to the institution, including full control over what is being taught, the activities carried out, the research grants that are made, and who is employed at the Confucius Institute.
added
Confucius Institute defined— In this section, the term Confucius Institute means a cultural institute directly or indirectly funded by the Government of the People’s Republic of China.
added
Funding—
added
Increase— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Defense-wide, basic research, basic research initiatives (PE 0601110D8Z), line 003 is hereby increased by $1,000,000 (to be used in support of the National Academies of Sciences, Engineering, and Medicine assessments under subsection (a)).
added
Offset— Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, admin & servicewide activities, Defense Information Systems Agency, line 280 is hereby reduced by $1,000,000.
Sec. 1798 Disclosure requirement
added
added
In general— Section 104 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214) is amended by adding at the end the following:
added “(i) Disclosure regarding foreign jurisdictions that prevent inspections
added “(1) Definitions—In this subsection—
added “(A) the term covered issuer means an issuer that is required to file reports under section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)); and
added “(B) the term non-inspection year means, with respect to a covered issuer, a year—
added “(i) during which the Commission identifies the covered issuer under paragraph (2)(A) with respect to every report described in subparagraph (A) filed by the covered issuer during that year; and
added “(ii) that begins after the date of enactment of this subsection.
added “(2) Disclosure to Commission—The Commission shall—
added “(A) identify each covered issuer that, with respect to the preparation of the audit report on the financial statement of the covered issuer that is included in a report described in paragraph (1)(A) filed by the covered issuer, retains a registered public accounting firm that has a branch, office, or affiliate that—
added “(i) is located in a foreign jurisdiction;
added “(ii) performs more than one-third of the audit services for the audit report of the covered issuer; and
added “(iii) the Board is unable to inspect or investigate completely because of a position taken by an authority in the foreign jurisdiction described in clause (i), as determined by the Board; and
added “(B) require each covered issuer identified under subparagraph (A) to, in accordance with rules issued by the Commission, submit to the Commission documentation to determine whether the covered issuer is owned or controlled by a governmental entity in the foreign jurisdiction described in subparagraph (A)(i).
added “(3) Trading prohibition after 3 years of non-inspections
added “(A) In general—If the Commission determines that a covered issuer has 3 consecutive non-inspection years, the Commission shall prohibit the securities of the covered issuer from being traded—
added “(i) on a national securities exchange; or
added “(ii) through any other method that is within the jurisdiction of the Commission to regulate, including through the method of trading that is commonly referred to as the “over-the-counter” trading of securities.
added “(B) Removal of initial prohibition—If, after the Commission imposes a prohibition on a covered issuer under subparagraph (A), the covered issuer certifies to the Commission that the covered issuer has retained a registered public accounting firm that the Board has inspected under this section to the satisfaction of the Commission, the Commission shall end that prohibition.
added “(C) Recurrence of non-inspection years—If, after the Commission ends a prohibition under subparagraph (B) or (D) with respect to a covered issuer, the Commission determines that the covered issuer has a non-inspection year, the Commission shall prohibit the securities of the covered issuer from being traded—
added “(i) on a national securities exchange; or
added “(ii) through any other method that is within the jurisdiction of the Commission to regulate, including through the method of trading that is commonly referred to as the “over-the-counter” trading of securities.
added “(D) Removal of subsequent prohibition—If, after the end of the 5-year period beginning on the date on which the Commission imposes a prohibition on a covered issuer under subparagraph (C), the covered issuer certifies to the Commission that the covered issuer will retain a registered public accounting firm that the Board is able to inspect and investigate, the Commission shall end that prohibition.”
added
Additional disclosure—
added
Definitions— In this section—
added
the term audit report has the meaning given the term in section 2(a) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a));
added
the term Commission means the Securities and Exchange Commission;
added
the term covered form—
added
means—
added
the form described in section 249.310 of title 17, Code of Federal Regulations, or any successor regulation; and
added
the form described in section 249.220f of title 17, Code of Federal Regulations, or any successor regulation; and
added
includes a form that—
added
is the equivalent of, or substantially similar to, the form described in subclause (I) or (II) of clause (i); and
added
a foreign issuer files with the Commission under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) or rules issued under that Act;
added
the terms covered issuer and non-inspection year have the meanings given the terms in subsection (i)(1) of section 104 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214), as added by subsection (a) of this section; and
added
the term foreign issuer has the meaning given the term in section 240.3b–4 of title 17, Code of Federal Regulations, or any successor regulation.
added
Requirement— Each covered issuer that is a foreign issuer and for which, during a non-inspection year with respect to the covered issuer, a registered public accounting firm described in subsection (i)(2)(A) of section 104 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7214), as added by subsection (a) of this section, has prepared an audit report shall disclose in each covered form filed by that issuer that covers such a non-inspection year—
added
that, during the period covered by the covered form, such a registered public accounting firm has prepared an audit report for the issuer;
added
the percentage of the shares of the issuer owned by governmental entities in the foreign jurisdiction in which the issuer is incorporated or otherwise organized;
added
whether governmental entities in the applicable foreign jurisdiction with respect to that registered public accounting firm have a controlling financial interest with respect to the issuer;
added
the name of each official of the Chinese Communist Party who is a member of the board of directors of—
added
the issuer; or
added
the operating entity with respect to the issuer; and
added
whether the articles of incorporation of the issuer (or equivalent organizing document) contains any charter of the Chinese Communist Party, including the text of any such charter.
added
Rulemaking— Not later than 90 days after the date of enactment of this Act, the Commission shall issue rules to implement this section, and the amendments made by this section, consistent with the Commission’s mandate, including—
added
the protection of investors; and
added
maintaining fair, orderly, and efficient markets.
Sec. 1799 Increased realism and training effectiveness for airborne anti-submarine warfare training at offshore training ranges
added
added
In general— The Secretary of Defense shall provide for greater training effectiveness for aircrews by procuring contract services that will realistically simulate real-world, manned submersible, diesel-powered vessels that are very similar to third-world and near-peer adversaries.
added
Goals and best practices— In carrying out subsection (a), the Secretary shall apply the following goals and best practices:
added
Provide for on-demand services available on training range scheduling services within 3 days of training exercises.
added
Meet the demand for scalable, highly relevant, and robust training assets for use by fixed and rotary-wing Navy anti-submarine communities on both coasts.
added
Minimize the use of foreign naval vessels, reserving them only for large, joint and allied exercises.
added
Ensure that such vessels are classed for use on sea-based ranges and equipped for safe operation with Unite States naval air, surface, and submarine forces.
Sec. 1800 Review of use of innovative wood product technology
added
added
In general— The Secretary of Defense, in collaboration with the Secretary of Agriculture, shall review the potential to incorporate innovative wood product technologies (such as mass timber and cellulose nanomaterials) in constructing or renovating facilities owned or managed by the Department of Defense.
added
Report— Not later than 180 days after the date of enactment of this Act, the Secretary of Defense 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, Nutrition, and Forestry of the Senate a report that—
added
includes the findings of the review required under subsection (a); and
added
identifies any barriers to incorporating innovative wood product technologies (such as mass timber and cellulose nanomaterials) in constructing or renovating facilities owned or managed by the Department of Defense.
Sec. 1801 Strategy to increase participation in international military education and training programs
added
added
In general— Not later than 1 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.
added
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.
added
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
added
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
added
the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
Sec. 1802 Establishment of Office of Cyber Engagement of the Department of Veterans Affairs
added
added
Establishment— Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section:
added “324. Office of Cyber Engagement
added “(a) Establishment—There is established in the Department an office to be known as the “Office of Cyber Engagement” (in this section referred to as the “Office”).
added “(b) Head of Office
added “(1) The head of the Office shall be known as the “Director of Cyber Engagement” (in this section referred to as the “Director”).
added “(2) The Director shall be responsible for the functions of the Office and appointed by the Secretary in the Senior Executive Service.
added “(3) The Director shall report to the Deputy Secretary or Secretary.
added “(c) Functions—The functions of the Office are the following:
added “(1) To address cyber risks (including identity theft) to veterans, their families, caregivers, and survivors.
added “(2) To develop, promote, and disseminate information and best practices regarding such cyber risks.
added “(3) To coordinate with the Cybersecurity and Infrastructure Agency of the Department of Homeland Security and other Federal agencies.
added “(4) Other functions determined by the Secretary.
added “(d) Resources—The Secretary shall ensure that appropriate personnel, funding, and other resources are provided to the Office to carry out its responsibilities.
added “(e) Inclusion of information on Office in annual report on Department activities—The Secretary shall include in each annual Performance and Accountability report submitted by the Secretary to Congress a description of the activities of the Office during the fiscal year covered by such report.”
added
Clerical amendment— The table of sections at the beginning of such chapter is amended by adding the following:
added
Deadline— The Secretary of Veterans Affairs shall establish the Office of Cyber Engagement under section 324 of such title, as added by subsection (a), not later than 90 days after the date of the enactment of this Act.
added
Reporting— Not later than 180 days after the date of the enactment of this Act and thrice semiannually thereafter, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report regarding the progress of the Office of Cyber Engagement established under section 324 of such title, as added by subsection (a). Each report shall include the following:
added
The number of individuals assisted by the Office of Cyber Engagement.
added
The results of any assessments conducted by the Office.
added
Progress in convening the working group described in subsection (c)(3) of such section.
added
Other matters the Secretary determines appropriate.
Sec. 1803 Certified notice at completion of an assessment
added
added
In general— Section 721(b)(3) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(3)) is amended—
added
in subparagraph (A)—
added
in the heading, by adding “or assessment” at the end; and
added
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
added
in subparagraph (C)(i)—
added
in subclause (I), by striking “and” at the end;
added
in subclause (II), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following:
added “(III) whether the transaction is described under clause (i), (ii), (iii), (iv), or (v) of subsection (a)(4)(B).”
added
Technical corrections—
added
In general— Section 1727(a) of the Foreign Investment Risk Review Modernization Act of 2018 (Public Law 115–232) is amended—
added
in paragraph (3), by striking “(4)(C)(v)” and inserting “(4)(F)”; and
added
in paragraph (4), by striking “subparagraph (B)” and inserting “subparagraph (C)”.
added
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.
Sec. 1804 Department of Homeland Security acquisition documentation
added
added
In general— Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section:
added “711. Acquisition documentation
added “(a) In general—For each major acquisition program, the Secretary, acting through the Under Secretary for Management, shall require the head of a relevant component or office to—
added “(1) maintain acquisition documentation that is complete, accurate, timely, and valid, and that includes, at a minimum—
added “(A) operational requirements that are validated consistent with departmental policy and changes to such requirements, as appropriate;
added “(B) a complete lifecycle cost estimate with supporting documentation;
added “(C) verification of such lifecycle cost estimate against independent cost estimates, and reconciliation of any differences;
added “(D) a cost-benefit analysis with supporting documentation;
added “(E) an integrated master schedule with supporting documentation;
added “(F) plans for conducting systems engineering reviews and test and evaluation activities throughout development to support production and deployment decisions;
added “(G) an acquisition plan that outlines the procurement approach, including planned contracting vehicles;
added “(H) a logistics and support plan for operating and maintaining deployed capabilities until such capabilities are disposed of or retired; and
added “(I) an acquisition program baseline that is traceable to the program’s operational requirements under subparagraph (A), life-cycle cost estimate under subparagraph (B), and integrated master schedule under subparagraph (E).
added “(2) prepare cost estimates and schedules for major acquisition programs, as required under subparagraphs (B) and (E), in a manner consistent with best practices as identified by the Comptroller General of the United States;
added “(3) ensure any revisions to the acquisition documentation maintained pursuant to paragraph (1) are reviewed and approved in accordance with departmental policy; and
added “(4) submit certain acquisition documentation to the Secretary to produce for submission to Congress an annual comprehensive report on the status of departmental acquisitions.
added “(b) Waiver—On a case-by-case basis with respect to any major acquisition program under this section, the Secretary may waive the requirement under paragraph (3) of subsection (a) for a fiscal year if either—
added “(1) such program has not—
added “(A) entered the full rate production phase in the acquisition lifecycle;
added “(B) had a reasonable cost estimate established; and
added “(C) had a system configuration defined fully; or
added “(2) such program does not meet the definition of capital asset, as such term is defined by the Director of the Office of Management and Budget.
added “(c) Congressional oversight—At the same time the President’s budget is submitted for a fiscal year under section 1105(a) of title 31, United States Code, the Secretary shall make information available, as applicable, to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate regarding the requirement described in subsection (a) in the prior fiscal year that includes the following specific information regarding each major acquisition program for which the Secretary has issued a waiver under subsection (b):
added “(1) The grounds for granting a waiver for such program.
added “(2) The projected cost of such program.
added “(3) The proportion of a component’s or office’s annual acquisition budget attributed to such program, as available.
added “(4) Information on the significance of such program with respect to the component’s or office’s operations and execution of its mission.
added “(d) Definitions—In this section:
added “(1) Acquisition program baseline—The term “acquisition program baseline”, with respect to an acquisition program, means a summary of the cost, schedule, and performance parameters, expressed in standard, measurable, quantitative terms, which shall be met to accomplish the goals of such program.
added “(2) Major acquisition program—The term “major acquisition program” means a Department acquisition program that is estimated by the Secretary to require an eventual total expenditure of at least $300 million (based on fiscal year 2019 constant dollars) over its lifecycle cost.”
added
Clerical amendment— The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding after the item related to section 710 the following new item:
Sec. 1805 Large-scale non-intrusive inspection scanning plan
added
added
Definitions— In this section:
added
Large-scale non-intrusive inspection system— 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.
added
Scanning— 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.
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a plan to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives 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.
added
Baseline information— The plan under subsection (b) 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:
added
An inventory of large-scale non-intrusive inspection systems or similar technology in use at each land port of entry.
added
For each system or technology identified in the inventory under paragraph (1)—
added
the scanning method of such system or technology;
added
the location of such system or technology at each land port of entry that specifies whether in use in pre-primary, primary, or secondary inspection area, or some combination of such areas;
added
the percentage of commercial and passenger vehicles and freight rail traffic scanned by such system or technology;
added
seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic; and
added
the number of personnel required to operate each system or technology.
added
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.
added
Elements— The plan under subsection (b) shall include the following information:
added
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 rail-border 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.
added
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, 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)).
added
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.
added
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.
added
Annual report— Not later than 1 year after the submission of the plan under subsection (b), and biennially thereafter for the following 6 years, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that describes the progress implementing the plan and includes—
added
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;
added
for each system or technology identified in the inventory required under paragraph (1)—
added
the scanning method of such system or technology;
added
the location of such system or technology at each land port of entry that specifies whether in use in pre-primary, primary, or secondary inspection area, or some combination of such areas;
added
the percentage of commercial and passenger vehicles and freight rail traffic scanned by such system or technology; and
added
seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic;
added
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;
added
a description of the progress towards reaching the benchmarks referred to in subsection (d)(1), and an explanation if any of such benchmarks are not achieved as planned;
added
a comparison of actual costs (including information on any awards of associated contracts) to estimated costs set forth in subsection (d)(2);
added
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. Customs and Border Protection officers or their duties and assignments;
added
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
added
any challenges to implementing the plan or meeting the benchmarks, and plans to mitigate any such challenges.
Sec. 1806 National supply chain database
added
added
Establishment of National Supply Chain Database— Subject to the availability of funds as authorized under subsection (3), the Director of the National Institute of Standards and Technology (referred to in this Act as the “NIST”) shall establish a National Supply Chain Database that will assist the Nation in minimizing disruptions in the supply chain by having an assessment of United States manufacturers’ capabilities.
added
Connections With State Manufacturing Extension Partnership—
added
In general— The infrastructure for the National Supply Chain Database shall be created through the Hollings Manufacturing Extension Partnership (MEP) program of the National Institute of Standards and Technology by connecting the Hollings Manufacturing Extension Partnerships Centers through the National Supply Chain Database.
added
National view— The connection provided through the National Supply Chain Database shall provide a national view of the supply chain and enable the National Institute of Standards and Technology to understand whether there is a need for some manufacturers to retool in some key areas to meet the need of urgent products, such as defense supplies, food, and medical devices, including personal protective equipment.
added
Individual state databases— Each State’s supply chain database maintained by the NIST-recognized Manufacturing Extension Partnership Center within the State shall be complementary in design to the National Supply Chain Database.
added
Maintenance of National Supply Chain Database— The Hollings Manufacturing Extension Partnership program or its designee shall maintain the National Supply Chain Database as an integration of the State level databases from each State’s Manufacturing Extension Partnership Center and may be populated with information from past, current, or potential Center clients.
added
Database Content—
added
In general— The National Supply Chain Database may—
added
provide basic company information;
added
provide an overview of capabilities, accreditations, and products;
added
contain proprietary information; and
added
include other items determined necessary by the Director of the NIST.
added
Searchable database— The National Supply Chain Database shall use the North American Industry Classification System (NAICS) Codes as follows:
added
Sector 31-33 – Manufacturing.
added
Sector 54 – Professional, Scientific, and Technical Services.
added
Sector 48-49 – Transportation and Warehousing.
added
Levels— The National Supply Chain Database shall be multi-leveled as follows:
added
Level 1 shall have basic company information and shall be available to the public.
added
Level 2 shall have a deeper overview into capabilities, products, and accreditations and shall be available to all companies that contribute to the database and agree to terms of mutual disclosure.
added
Level 3 shall hold proprietary information.
added
Exempt from public disclosure— The National Supply Chain Database and any information related to it not publicly released by the NIST shall be exempt from public disclosure under section 552 of title 5, United States Code, and access to non-public content shall be limited to the contributing company and Manufacturing Extension Partnership Center staff who sign an appropriate non-disclosure agreement.
added
Authorization of Appropriations— There authorized to be appropriated to the Director of the NIST $10,000,000 for fiscal year 2021 to develop and launch the National Supply Chain Database.
Sec. 1807 Coordination with Hollings Manufacturing Extension Partnership Centers
addedadded 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 Act) 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 25(e) of such Act.
Sec. 1808 COVID–19 Emergency Medical Supplies Enhancement
added
added
Determination on emergency supplies and relationship to state and local efforts—
added
Determination— For the purposes of section 101 of the Defense Production Act of 1950 (50 U.S.C. 4511), the following materials shall be deemed to be scarce and critical materials essential to the national defense and otherwise meet the requirements of section 101(b) of such Act during the COVID–19 emergency period:
added
Diagnostic tests, including serological tests, for COVID–19 and the reagents and other materials necessary for producing or conducting such tests.
added
Personal protective equipment, including face shields, N–95 respirator masks, and any other masks determined by the Secretary of Health and Human Services to be needed to respond to the COVID–19 pandemic, and the materials to produce such equipment.
added
Medical ventilators, the components necessary to make such ventilators, and medicines needed to use a ventilator as a treatment for any individual who is hospitalized for COVID–19.
added
Pharmaceuticals and any medicines determined by the Food and Drug Administration or another Government agency to be effective in treating COVID–19 (including vaccines for COVID–19) and any materials necessary to produce or use such pharmaceuticals or medicines (including self-injection syringes or other delivery systems).
added
Any other medical equipment or supplies determined by the Secretary of Health and Human Services or the Secretary of Homeland Security to be scarce and critical materials essential to the national defense for purposes of section 101 of the Defense Production Act of 1950 (50 U.S.C. 4511).
added
Exercise of title I authorities in relation to contracts by state and local governments— In exercising authorities under title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) during the COVID–19 emergency period, the President (and any officer or employee of the United States to which authorities under such title I have been delegated)—
added
may exercise the prioritization or allocation authority provided in such title I to exclude any materials described in paragraph (1) ordered by a State or local government that are scheduled to be delivered within 15 days of the time at which—
added
the purchase order or contract by the Federal Government for such materials is made; or
added
the materials are otherwise allocated by the Federal Government under the authorities contained in such Act; and
added
shall, within 24 hours of any exercise of the prioritization or allocation authority provided in such title I—
added
notify any State or local government if the exercise of such authorities would delay the receipt of such materials ordered by such government; and
added
take such steps as may be necessary to ensure that such materials ordered by such government are delivered in the shortest possible period.
added
Update to the Federal Acquisition Regulation— Not later than 15 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to reflect the requirements of paragraph (2)(A).
added
Engagement with the private sector—
added
Sense of congress— The Congress—
added
appreciates the willingness of private companies not traditionally involved in producing items for the health sector to volunteer to use their expertise and supply chains to produce essential medical supplies and equipment;
added
encourages other manufacturers to review their existing capacity and to develop capacity to produce essential medical supplies, medical equipment, and medical treatments to address the COVID–19 emergency; and
added
commends and expresses deep appreciation to individual citizens who have been producing personal protective equipment and other materials for, in particular, use at hospitals in their community.
added
Outreach representative—
added
Designation— Consistent with the authorities in title VII of the Defense Production Act of 1950 (50 U.S.C. 4551 et seq.), the Administrator of the Federal Emergency Management Agency, in consultation with the Secretary of Health and Human Services, shall designate or shall appoint, pursuant to section 703 of such Act (50 U.S.C. 4553), an individual to be known as the “Outreach Representative”. Such individual shall—
added
be appointed from among individuals with substantial experience in the private sector in the production of medical supplies or equipment; and
added
act as the Government-wide single point of contact during the COVID–19 emergency for outreach to manufacturing companies and their suppliers who may be interested in producing medical supplies or equipment, including the materials described under subsection (a).
added
Encouraging partnerships— The Outreach Representative shall seek to develop partnerships between companies, in coordination with the Supply Chain Stabilization Task Force or any overall coordinator appointed by the President to oversee the response to the COVID–19 emergency, including through the exercise of the authorities under section 708 of the Defense Production Act of 1950 (50 U.S.C. 4558).
added
Enhancement of supply chain production— In exercising authority under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) with respect to materials described in subsection (a), the President shall seek to ensure that support is provided to companies that comprise the supply chains for reagents, components, raw materials, and other materials and items necessary to produce or use the materials described in subsection (a).
added
Oversight of current activity and needs—
added
Response to immediate needs—
added
In general— Not later than 7 days after the date of the enactment of this Act, the President, in coordination with the National Response Coordination Center of the Federal Emergency Management Agency, the Administrator of the Defense Logistics Agency, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, and heads of other Federal agencies (as appropriate), shall submit to the appropriate congressional committees a report assessing the immediate needs described in subparagraph (B) to combat the COVID–19 pandemic and the plan for meeting those immediate needs.
added
Assessment— The report required by this paragraph shall include—
added
an assessment of the needs for medical supplies or equipment necessary to address the needs of the population of the United States infected by the virus SARS–CoV–2 that causes COVID–19 and to prevent an increase in the incidence of COVID–19 throughout the United States, including diagnostic tests, serological tests, medicines that have been approved by the Food and Drug Administration to treat COVID–19, and ventilators and medicines needed to employ ventilators;
added
based on meaningful consultations with relevant stakeholders, an identification of the target rate of diagnostic testing for each State and an assessment of the need for personal protective equipment and other supplies (including diagnostic tests) required by—
added
health professionals, health workers, and hospital staff including supplies needed for worst case scenarios for surges of COVID–19 infections and hospitalizations;
added
workers in industries and sectors described in the “Advisory Memorandum on Identification of Essential Critical Infrastructure Workers during the COVID–19 Response” issued by the Director of Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security on April 17, 2020 (and any expansion of industries and sectors included in updates to such advisory memorandum);
added
students, teachers, and administrators at primary and secondary schools; and
added
other workers determined to be essential based on such consultation;
added
an assessment of the quantities of equipment and supplies in the Strategic National Stockpile (established under section 319F–2 of the Public Health Service Act ((42 U.S.C. 247d–6b(a)(1))) as of the date of the report, and the projected gap between the quantities of equipment and supplies identified as needed in the assessment under clauses (i) and (ii) and the quantities in the Strategic National Stockpile;
added
an identification of the industry sectors and manufacturers most ready to fulfill purchase orders for such equipment and supplies (including manufacturers that may be incentivized) through the exercise of authority under section 303(e) of the Defense Production Act of 1950 (50 U.S.C. 4533(e)) to modify, expand, or improve production processes to manufacture such equipment and supplies to respond immediately to a need identified in clause (i) or (ii);
added
an identification of Government-owned and privately-owned stockpiles of such equipment and supplies not included in the Strategic National Stockpile that could be repaired or refurbished;
added
an identification of previously distributed critical supplies that can be redistributed based on current need;
added
a description of any exercise of the authorities described under paragraph (1)(E) or (2)(A) of subsection (a); and
added
an identification of critical areas of need, by county and by areas identified by the Indian Health Service, in the United States and the metrics and criteria for identification as a critical area.
added
Plan— The report required by this paragraph shall include a plan for meeting the immediate needs to combat the COVID–19 pandemic, including the needs described in subparagraph (B). Such plan shall include—
added
each contract the Federal Government has entered into to meet such needs, including the purpose of each contract, the type and amount of equipment, supplies, or services to be provided under the contract, the entity performing such contract, and the dollar amount of each contract;
added
each contract that the Federal Government intends to enter into within 14 days after submission of such report, including the information described in subparagraph (B) for each such contract; and
added
whether any of the contracts described in clause (i) or (ii) have or will have a priority rating under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.), including purchase orders pursuant to Department of Defense Directive 4400.1 (or any successor directive), subpart A of part 101 of title 45, Code of Federal Regulations, or any other applicable authority.
added
Additional requirements— The report required by this paragraph, and each update required by subparagraph (E), shall include—
added
any requests for equipment and supplies from State or local governments and Indian Tribes, and an accompanying list of the employers and unions consulted in developing these requests;
added
any modeling or formulas used to determine allocation of equipment and supplies, and any related chain of command issues on making final decisions on allocations;
added
the amount and destination of equipment and supplies delivered;
added
an explanation of why any portion of any contract described under subparagraph (C), whether to replenish the Strategic National Stockpile or otherwise, will not be filled;
added
of products procured under such contract, the percentage of such products that are used to replenish the Strategic National Stockpile, that are targeted to COVID–19 hotspots, and that are used for the commercial market;
added
a description of the range of prices for goods described in subsection (a), or other medical supplies and equipment that are subject to shortages, purchased by the United States Government, transported by the Government, or otherwise known to the Government, which shall also identify all such prices that exceed the prevailing market prices of such goods prior to March 1, 2020, and any actions taken by the Government under section 102 of the Defense Production Act of 1950 or similar provisions of law to prevent hoarding of such materials and charging of such increased prices between March 1, 2020, and the date of the submission of the first report required by this paragraph, and, for all subsequent reports, within each reporting period;
added
metrics, formulas, and criteria used to determine COVID–19 hotspots or areas of critical need for a State, county, or an area identified by the Indian Health Service;
added
production and procurement benchmarks, where practicable; and
added
results of the consultation with the relevant stakeholders required by subparagraph (B)(ii).
added
Updates— The President, in coordination with the National Response Coordination Center of the Federal Emergency Management Agency, the Administrator of the Defense Logistics Agency, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, and heads of other Federal agencies (as appropriate), shall update such report every 14 days.
added
Public availability— The President shall make the report required by this paragraph and each update required by subparagraph (E) available to the public, including on a Government website.
added
Response to longer-term needs—
added
In general— Not later than 14 days after the date of enactment of this Act, the President, in coordination with the National Response Coordination Center of the Federal Emergency Management Agency, the Administrator of the Defense Logistics Agency, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, and heads of other Federal agencies (as appropriate), shall submit to the appropriate congressional committees a report containing an assessment of the needs described in subparagraph (B) to combat the COVID–19 pandemic and the plan for meeting such needs during the 6-month period beginning on the date of submission of the report.
added
Assessment— The report required by this paragraph shall include—
added
an assessment of the elements describe in clauses (i) through (v) and clause (viii) of paragraph (1)(B);
added
an assessment of needs related to COVID–19 vaccines;
added
an assessment of the manner in which the Defense Production Act of 1950 could be exercised to increase services related to health surveillance to ensure that the appropriate level of contact tracing related to detected infections is available throughout the United States to prevent future outbreaks of COVID–19 infections; and
added
an assessment of any additional services needed to address the COVID–19 pandemic.
added
Plan— The report required by this paragraph shall include a plan for meeting the longer-term needs to combat the COVID–19 pandemic, including the needs described in subparagraph (B). This plan shall include—
added
a plan to exercise authorities under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) necessary to increase the production of the medical equipment, supplies, and services that are essential to meeting the needs identified in subparagraph (B), including the number of N–95 respirator masks and other personal protective equipment needed, based on meaningful consultations with relevant stakeholders, by the private sector to resume economic activity and by the public and nonprofit sectors to significantly increase their activities;
added
results of the consultations with the relevant stakeholders required by clause (i);
added
an estimate of the funding and other measures necessary to rapidly expand manufacturing production capacity for such equipment and supplies, including—
added
any efforts to expand, retool, or reconfigure production lines;
added
any efforts to establish new production lines through the purchase and installation of new equipment; or
added
the issuance of additional contracts, purchase orders, purchase guarantees, or other similar measures;
added
each contract the Federal Government has entered into to meet such needs or expand such production, the purpose of each contract, the type and amount of equipment, supplies, or services to be provided under the contract, the entity performing such contract, and the dollar amount of each contract;
added
each contract that the Federal Government intends to enter into within 14 days after submission of such report, including the information described in clause (iv) for each such contract;
added
whether any of the contracts described in clause (iv) or (v) have or will have a priority rating under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.), including purchase orders pursuant to Department of Defense Directive 4400.1 (or any successor directive), subpart A of part 101 of title 45, Code of Federal Regulations, or any other applicable authority; and
added
the manner in which the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) could be used to increase services necessary to combat the COVID–19 pandemic, including services described in subparagraph (B)(ii).
added
Updates— The President, in coordination with the National Response Coordination Center of the Federal Emergency Management Agency, the Administrator of the Defense Logistics Agency, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, and heads of other Federal agencies (as appropriate), shall update such report every 14 days.
added
Public availability— The President shall make the report required by this subsection and each update required by subparagraph (D) available to the public, including on a Government website.
added
Report on exercising authorities under the Defense Production Act of 1950—
added
In general— Not later than 14 days after the date of the enactment of this Act, the President, in consultation with the Administrator of the Federal Emergency Management Agency, the Secretary of Defense, and the Secretary of Health and Human Services, shall submit to the appropriate congressional committees a report on the exercise of authorities under titles I, III, and VII of the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) prior to the date of such report.
added
Contents— The report required under subparagraph (A) and each update required under subparagraph (C) shall include, with respect to each exercise of such authority—
added
an explanation of the purpose of the applicable contract, purchase order, or other exercise of authority (including an allocation of materials, services, and facilities under section 101(a)(2) of the Defense Production Act of 1950 (50 U.S.C. 4511(a)(2));
added
the cost of such exercise of authority; and
added
if applicable—
added
the amount of goods that were purchased or allocated;
added
an identification of the entity awarded a contract or purchase order or that was the subject of the exercise of authority; and
added
an identification of any entity that had shipments delayed by the exercise of any authority under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.).
added
Updates— The President shall update the report required under subparagraph (A) every 14 days.
added
Public availability— The President shall make the report required by this subsection and each update required by subparagraph (C) available to the public, including on a Government website.
added
Quarterly reporting— The President shall submit to Congress, and make available to the public (including on a Government website), a quarterly report detailing all expenditures made pursuant to titles I, III, and VII of the Defense Production Act of 1950 50 U.S.C. 4501 et seq.).
added
Exercise of loan authorities—
added
In general— Any loan made pursuant to section 302 or 303 of the Defense Production Act of 1950, carried out by the International Development Finance Corporation pursuant to the authorities delegated by Executive Order No. 13922, shall be subject to the notification requirements contained in section 1446 of the BUILD Act of 2018 (22 U.S.C. 9656).
added
Appropriate congressional committees— For purposes of the notifications required by subparagraph (A), the term “appropriate congressional committees”, as used section 1446 of the BUILD Act of 2018, shall be deemed to include the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing and Urban Development of the Senate.
added
Sunset— The requirements of this subsection shall terminate on the later of—
added
December 31, 2021; or
added
the end of the COVID–19 emergency period.
added
Enhancements to the Defense Production Act of 1950—
added
Health emergency authority— Section 107 of the Defense Production Act of 1950 (50 U.S.C. 4517) is amended by adding at the end the following:
added “(c) Health emergency authority—With respect to a public health emergency declaration by the Secretary of Health and Human Services under section 319 of the Public Health Service Act, or preparations for such a health emergency, the Secretary of Health and Human Services and the Administrator of the Federal Emergency Management Agency are authorized to carry out the authorities provided under this section to the same extent as the President.”
added
Emphasis on business concerns owned by women, minorities, veterans, and Native Americans— Section 108 of the Defense Production Act of 1950 (50 U.S.C. 4518) is amended—
added
in the heading, by striking “MODERNIZATION OF SMALL BUSINESS SUPPLIERS” and inserting “SMALL BUSINESS PARTICIPATION AND FAIR INCLUSION”;
added
by amending subsection (a) to read as follows:
added “(a) Participation and inclusion
added “(1) In general—In providing any assistance under this Act, the President shall accord a strong preference for subcontractors and suppliers that are—
added “(A) small business concerns; or
added “(B) businesses of any size owned by women, minorities, veterans, and the disabled.
added “(2) Special consideration—To the maximum extent practicable, the President shall accord the preference described under paragraph (1) to small business concerns and businesses described in paragraph (1)(B) that are located in areas of high unemployment or areas that have demonstrated a continuing pattern of economic decline, as identified by the Secretary of Labor.”
added
by adding at the end the following:
added “(c) Minority defined—In this section, the term minority—
added “(1) has the meaning given the term in section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989; and
added “(2) includes any indigenous person in the United States, including any territories of the United States.”
added
Additional information in annual report— Section 304(f)(3) of the Defense Production Act of 1950 (50 U.S.C. 4534(f)(3)) is amended by striking “year.” and inserting “year, including the percentage of contracts awarded using Fund amounts to each of the groups described in section 108(a)(1)(B) (and, with respect to minorities, disaggregated by ethnic group), and the percentage of the total amount expended during such fiscal year on such contracts.”.
added
Definition of national defense— Section 702(14) of the Defense Production Act of 1950 is amended by striking “and critical infrastructure protection and restoration” and inserting “, critical infrastructure protection and restoration, and health emergency preparedness and response activities”.
added
Securing essential medical materials—
added
Statement of policy— Section 2(b) of the Defense Production Act of 1950 (50 U.S.C. 4502) is amended—
added
by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively; and
added
by inserting after paragraph (2) the following:
added “(3) authorities under this Act should be used when appropriate to ensure the availability of medical materials essential to national defense, including through measures designed to secure the drug supply chain, and taking into consideration the importance of United States competitiveness, scientific leadership and cooperation, and innovative capacity;”
added
Strengthening domestic capability— Section 107 of the Defense Production Act of 1950 (50 U.S.C. 4517) is amended—
added
in subsection (a), by inserting “(including medical materials)” after “materials”; and
added
in subsection (b)(1), by inserting “(including medical materials such as drugs to diagnose, cure, mitigate, treat, or prevent disease that essential to national defense)” after “essential materials”.
added
Strategy on securing supply chains for medical articles— Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) is amended by adding at the end the following:
added “109. Strategy on securing supply chains for medical materials
added “(a) In general—Not later than 180 days after the date of the enactment of this section, the President, in consultation with the Secretary of Health and Human Services, the Secretary of Commerce, the Secretary of Homeland Security, and the Secretary of Defense, shall transmit a strategy to the appropriate Members of Congress that includes the following:
added “(1) A detailed plan to use the authorities under this title and title III, or any other provision of law, to ensure the supply of medical materials (including drugs to diagnose, cure, mitigate, treat, or prevent disease) essential to national defense, to the extent necessary for the purposes of this Act.
added “(2) An analysis of vulnerabilities to existing supply chains for such medical articles, and recommendations to address the vulnerabilities.
added “(3) Measures to be undertaken by the President to diversify such supply chains, as appropriate and as required for national defense; and
added “(4) A discussion of—
added “(A) any significant effects resulting from the plan and measures described in this subsection on the production, cost, or distribution of vaccines or any other drugs (as defined under section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321));
added “(B) a timeline to ensure that essential components of the supply chain for medical materials are not under the exclusive control of a foreign government in a manner that the President determines could threaten the national defense of the United States; and
added “(C) efforts to mitigate any risks resulting from the plan and measures described in this subsection to United States competitiveness, scientific leadership, and innovative capacity, including efforts to cooperate and proactively engage with United States allies.
added “(b) Progress report—Following submission of the strategy under subsection (a), the President shall submit to the appropriate Members of Congress an annual progress report evaluating the implementation of the strategy, and may include updates to the strategy as appropriate. The strategy and progress reports shall be submitted in unclassified form but may contain a classified annex.
added “(c) Appropriate members of congress—The term appropriate Members of Congress means the Speaker, majority leader, and minority leader of the House of Representatives, the majority leader and minority leader of the Senate, the Chairman and Ranking Member of the Committees on Armed Services and Financial Services of the House of Representatives, and the Chairman and Ranking Member of the Committees on Armed Services and Banking, Housing, and Urban Affairs of the Senate.”
added
GAO report—
added
In general— Not later than 270 days after the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on ensuring that the United States Government has access to the medical supplies and equipment necessary to respond to future pandemics and public health emergencies, including recommendations with respect to how to ensure that the United States supply chain for diagnostic tests (including serological tests), personal protective equipment, vaccines, and therapies is better equipped to respond to emergencies, including through the use of funds in the Defense Production Act Fund under section 304 of the Defense Production Act of 1950 (50 U.S.C. 4534) to address shortages in that supply chain.
added
Review of assessment and plan—
added
In general— Not later than 30 days after each of the submission of the reports described in paragraphs (1) and (2) of subsection (d), the Comptroller General of the United States shall submit to the appropriate congressional committees an assessment of such reports, including identifying any gaps and providing any recommendations regarding the subject matter in such reports.
added
Monthly review— Not later than a month after the submission of the assessment under subparagraph (A), and monthly thereafter, the Comptroller General shall issue a report to the appropriate congressional committees with respect to any updates to the reports described in paragraph (1) and (2) of subsection (d) that were issued during the previous 1-month period, containing an assessment of such updates, including identifying any gaps and providing any recommendations regarding the subject matter in such updates.
added
Definitions— In this section:
added
Appropriate congressional committees— The term appropriate congressional committees means the Committees on Appropriations, Armed Services, Energy and Commerce, Financial Services, Homeland Security, and Veterans’ Affairs of the House of Representatives and the Committees on Appropriations, Armed Services, Banking, Housing, and Urban Affairs, Health, Education, Labor, and Pensions, Homeland Security and Governmental Affairs, and Veterans’ Affairs of the Senate.
added
COVID–19 emergency period— The term COVID–19 emergency period means the period beginning on the date of enactment of this Act and ending after the end of the incident period for the emergency declared on March 13, 2020, by the President under Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to the Coronavirus Disease 2019 (COVID–19) pandemic.
added
Relevant stakeholder— The term relevant stakeholder means—
added
representative private sector entities;
added
representatives of the nonprofit sector;
added
representatives of primary and secondary school systems; and
added
representatives of labor organizations representing workers, including unions that represent health workers, manufacturers, teachers, other public sector employees, and service sector workers.
added
State— The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
Sec. 1809 Prohibition on provision of grant funds to entities that have violated intellectual property rights of United States entities
added
added
Amendment— Section 47110 of title 49, United States Code, is amended by adding at the end the following:
added “(j) Prohibition on provision of grant funds to entities that have violated intellectual property rights of United States entities
added “(1) In general—Beginning on the date that is 30 days after the date of the enactment of this subsection, amounts provided as project grants under this subchapter may not be used to enter into a contract described in paragraph (2) with any entity on the list required by paragraph (3).
added “(2) Contract described—A contract described in this paragraph is a contract or other agreement for the procurement of infrastructure or equipment for a passenger boarding bridge at an airport.
added “(3) List required
added “(A) In general—Not later than 30 days after the date of the enactment of this section, and thereafter as required by subparagraphs (B) and (C), 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 that—
added “(i)
added “(I) are owned or controlled by, or receive subsidies from, the government of a country—
added “(aa) identified by the Trade Representative under subsection (a)(1) of section 182 of the Trade Act of 1974 (19 U.S.C. 2242) in the most recent report required by that section; and
added “(bb) subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416); and
added “(II) 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
added “(ii) own or control, are owned or controlled by, are under common ownership or control with, or are successors to, an entity described in clause (i).
added “(B) Updates to list—The Administrator shall update the list required by subparagraph (A), based on information provided by the Trade Representative and the Attorney General—
added “(i) not less frequently than every 90 days during the 180-day period following the initial publication of the list under subparagraph (A); and
added “(ii) not less frequently than annually during the 5-year period following the 180-day period described in clause (i).
added “(C) Continuation of requirement to update list
added “(i) In general—Not later than the end of the 5-year period described in subparagraph (B)(ii), the Administrator shall make a determination with respect to whether continuing to update the list required by subparagraph (A) is necessary to carry out this subsection.
added “(ii) Effect of determination that updates are necessary—If the Administrator determines under clause (i) that continuing to update the list required by subparagraph (A) is necessary, the Administrator shall continue to update the list, based on information provided by the Trade Representative and the Attorney General, not less frequently than annually.
added “(iii) Effect of determination that updates are not necessary—If the Administrator determines under clause (i) that continuing to update the list required by subparagraph (A) is not necessary, the Administrator shall, not later than 90 days after making the determination, submit to Congress a report on the determination and the reasons for the determination.”
added
Sunset— The amendment made by subsection (a) shall not have any force or effect on and after September 30, 2023.
Sec. 1810 Disclosure of imports from the Xinjiang Uyghur Autonomous Region
added
added
In general— The Secretary of Defense shall issue rules to require each company that produces or imports manufactured goods sold in the military commissary and exchange systems to file an annual report with the Secretary to disclose—
added
whether any of such goods were—
added
imported, directly or indirectly, from an entity that manufactures goods, including electronics, food products, textiles, shoes, and teas, that originated in the XUAR; or
added
manufactured with materials that originated or are sourced in the XUAR; and
added
with respect to any goods or materials described under subparagraph (A) or (B) of paragraph (1)—
added
whether the goods or materials originated in forced labor camps; and
added
whether the company or any affiliate of the company intends to continue with such importation.
added
GAO report— The Comptroller General of the United States shall periodically evaluate and report to Congress on the effectiveness of the disclosures required under subsection (a).
added
Definitions— In this section:
added
Forced labor camp— The term “forced labor camp” means—
added
any entity engaged in the “pairing assistance” program which subsidizes the establishment of manufacturing facilities in XUAR;
added
any entity using convict labor, forced labor, or indentured labor described under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307); and
added
any other entity that the Secretary of Defense determines is appropriate.
added
XUAR— The term “XUAR” means the Xinjiang Uyghur Autonomous Region.
Sec. 1811 Ted Stevens Center for Arctic Security Studies
added
added
Plan required—
added
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.
added
Elements— The plan required by paragraph (1) shall include the following:
added
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 interests in the Arctic region.
added
A description of the mission and purpose of such a center, including specific policy guidance from the Office of the Secretary of Defense.
added
An analysis of suitable reporting relationships with the applicable combatant commands.
added
An assessment of suitable locations for such a center that are—
added
in proximity to other academic institutions that study security implications with respect to the Arctic region;
added
in proximity to the designated lead for Arctic affairs of the United States Northern Command;
added
in proximity 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; and
added
in a State located outside the contiguous United States.
added
A description of the establishment and operational costs of such a center, including for—
added
military construction for required facilities;
added
facility renovation;
added
personnel costs for faculty and staff; and
added
other costs the Secretary considers appropriate.
added
An evaluation of the existing infrastructure, resources, and personnel available at military installations and at universities and other academic institutions hat could reduce the costs described in accordance with subparagraph (E).
added
An examination of partnership opportunities with United States allies and partners for potential collaboration and burden sharing.
added
A description of potential courses and programs that such a center could carry out, including—
added
core, specialized, and advanced courses;
added
potential planning workshops;
added
seminars;
added
confidence-building initiatives; and
added
academic research.
added
A description of any modification to title 10, United States Code, necessary for the effective operation of such a center.
added
Form— The plan required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
added
Establishment—
added
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.
added
Location— The Ted Stevens Center for Arctic Security Studies may be located—
added
in proximity to other academic institutions that study security implications with respect to the Arctic region;
added
in proximity to the designated lead for Arctic affairs of the United States Northern Command; and
added
in proximity 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.
Sec. 1812 Payments for private education loan borrowers, as a result of COVID–19
added
added
Relief for covered borrowers as a result of the COVID–19 national emergency—
added
Student loan relief as a result of the COVID–19 national emergency— The Secretary of the Treasury shall carry out a program under which the Secretary shall make payments, on behalf of a covered borrower, with respect to the private education loans of such borrower.
added
Payment amount— Payments made under paragraph (1) with respect to a covered borrower shall be in an amount equal to the lesser of—
added
the total amount of each private education loan of the borrower; or
added
$10,000.
added
Notification of borrowers— Not later than 15 days following the date of enactment of this subsection, the Secretary shall notify each covered borrower of—
added
the requirements to make payments under this section; and
added
the opportunity for such borrower to make an election under paragraph (4)(A) with respect to the application of such payments to the private education loans of such borrower.
added
Distribution of funding—
added
Election by borrower— Not later than 45 days after a notice is sent under paragraph (3), a covered borrower may elect to apply the payments made under this subsection with respect to such borrower under paragraph (1) to any private education loan of the borrower.
added
Automatic payment—
added
In general— In the case of a covered borrower who does not make an election under subparagraph (A) before the date described in such subparagraph, the Secretary shall apply the amount determined with respect to such borrower under paragraph (1) in order of the private education loan of the borrower with the highest interest rate.
added
Equal interest rates— In case of two or more private education loans described in clause (i) with equal interest rates, the Secretary shall apply the amount determined with respect to such borrower under paragraph (1) first to the loan with the highest principal.
added
Data to implement— Holders and servicers of private education loans made to covered borrowers shall report, to the satisfaction of the Secretary, the information necessary to calculate the amount to be paid under this subsection.
added
Ratable reduction— To the extent that amounts appropriated to carry out this section are insufficient to fully comply with the payments required under paragraph (2), the Secretary shall distribute available funds by ratably reducing the amounts required to be paid under such paragraph.
added
Additional protections for covered borrowers—
added
Loan modification after payment— Each private education loan holder who receives a payment pursuant to subsection (a) shall, before the first payment due on the private education loan after the receipt of such payment (and taking into account any suspension of payments that may be required under any other provision of law), modify the loan, based on the payment made under subsection (a), to lower monthly payments due on the loan. Such modification may take the form of a re-amortization, a lowering of the applicable interest rate, or any other modification that would lower such payments.
added
Repayment plan and forgiveness terms— Each private education loan holder who receives a payment pursuant to subsection (a) shall modify all private education loan contracts with respect to covered borrowers that it holds to provide for the same repayment plan and forgiveness terms available to Direct Loans borrowers under section 685.209(c) of title 34, Code of Federal Regulations, in effect as of January 1, 2020.
added
Treatment of State statutes of limitation— For a covered borrower who has defaulted on a private education loan under the terms of the promissory note prior to any loan payment made under subsection (a), no payment made under such subsection shall be considered an event that impacts the calculation of the applicable State statutes of limitation.
added
Prohibition on pressuring borrowers—
added
In general— A private education loan debt collector or creditor may not pressure a covered borrower to elect to apply any amount received pursuant to subsection (a) to any private education loan.
added
Violations— A violation of this paragraph is deemed—
added
an unfair, deceptive, or abusive act or practice under Federal law in connection with any transaction with a consumer for a consumer financial product or service under section 1031 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5531); and
added
with respect to a violation by a debt collector, an unfair or unconscionable means to collect or attempt to collect any debt under section 808 of the Federal Debt Collection Practices Act (15 U.S.C. 1692f).
added
Pressure defined— In this paragraph, the term pressure means any communication, recommendation, or other similar communication, other than providing basic information about a borrower’s options, urging a borrower to make an election described under subsection (a).
added
Definitions— In this section:
added
Covered borrower— The term “covered borrower” means a borrower of a private education loan.
added
Fair Debt Collection Practices Act terms— The terms creditor and debt collector have the meaning given those terms, respectively, under section 803 of the Fair Debt Collection Practices Act (15 U.S.C. 1692a).
added
Private education loan— The term private education loan has the meaning given the term in section 140 of the Truth in Lending Act (15 U.S.C. 1650).
added
Secretary— The term “Secretary” means the Secretary of the Treasury.
Sec. 1821 Semiconductor incentive grants
added
added
Definitions— In this section—
added
the term appropriate committees of Congress means—
added
the Select Committee on Intelligence, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Homeland Security and Governmental Affairs of the Senate; and
added
the Permanent Select Committee on Intelligence, the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Appropriations, the Committee on Financial Services, and the Committee on Homeland Security of the House of Representatives;
added
the term covered entity means a private entity, a consortium of private entities, or a consortium of public and private entities with a demonstrated ability to construct, expand, or modernize a facility relating to the fabrication, assembly, testing, advanced packaging, or advanced research and development of semiconductors;
added
the term covered incentive means an incentive offered by a governmental entity to a covered entity for the purposes of constructing within the jurisdiction of the governmental entity, or expanding or modernizing an existing facility within that jurisdiction, a facility described in paragraph (2);
added
the term governmental entity means a State or local government;
added
the term Secretary means the Secretary of Commerce; and
added
the term semiconductor has the meaning given the term by the Secretary.
added
Grant program—
added
In general— The Secretary shall establish in the Department of Commerce a program that, in accordance with the requirements of this section, provides grants to covered entities to incentivize investment of semiconductor fabrication facilities, or assembly, testing, advanced packaging, or advanced research and development of semiconductors in the United States.
added
Procedure—
added
In general— A covered entity shall submit to the Secretary an application that describes the project for which the covered entity is seeking a grant under this section.
added
Eligibility— In order for a covered entity to qualify for a grant under this section, the covered entity shall demonstrate to the Secretary, in the application submitted by the covered entity under subparagraph (A), that—
added
the covered entity has a documented interest in constructing, expanding, or modernizing a facility described in subsection (a)(2); and
added
with respect to the project described in clause (i), the covered entity has—
added
been offered a covered incentive;
added
made commitments to worker and community investment, including through—
added
training and education benefits paid by the covered entity; and
added
programs to expand employment opportunity for economically disadvantaged individuals; and
added
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.
added
Considerations for review— With respect to the review by the Secretary of an application submitted by a covered entity under subparagraph (A)—
added
the Secretary may not approve the application unless the Secretary—
added
confirms that the covered entity has satisfied the eligibility criteria under subparagraph (B);
added
determines that the project to which the application relates is in the interest of the United States; and
added
has notified the appropriate committees of congress 15 days before making any commitment to provide a grant to any covered entity that exceeds $10,000,000; and
added
the Secretary may consider whether—
added
the covered entity has previously received a grant made under this subsection;
added
the governmental entity offering the applicable covered incentive has benefitted from a grant previously made under this subsection; and
added
to the extent practicable, the covered entity is considered a small business concern, as defined under section 3 of the Small Business Act (15 U.S.C. 632), notwithstanding section 121.103 of title 13, Code of Federal Regulations.
added
Amount— The Secretary shall not award more than $3,000,000,000 to a covered entity under this subsection.
added
Use of funds— A covered entity that receives a grant under this subsection may only use the grant amounts to—
added
finance the construction, expansion, or modernization of a facility described in subsection (a)(2), as documented in the application submitted by the covered entity under paragraph (2)(A), or for similar uses in state of practice and legacy facilities, as determined necessary by the Secretary for purposes relating to the national security and economic competitiveness of the United States;
added
support workforce development for the facility described in subparagraph (A); or
added
support site development for the facility described in subparagraph (A).
added
Clawback—
added
The Secretary shall recover the full amount with interest of a grant provided to a covered entity under this subsection if—
added
as of the date that is 5 years after the date on which the Secretary makes the grant, the project to which the grant relates has not been completed, except that the Secretary may issue a waiver with respect to the requirement under this subparagraph if the Secretary determines that issuing such a waiver is appropriate and in the interests of the United States; or
added
during the applicable term with respect to the grant, the covered entity engages in any joint research or technology licensing effort—
added
with the Government of the People’s Republic of China, the Government of the Russian Federation, the Government of Iran, the Government of North Korea, or other foreign entity of concern; and
added
that relates to a sensitive technology or product, as determined by the Secretary; and
added
the Secretary shall recover up to the full amount with interest of a grant provided to a covered entity if the Secretary determines that commitments required under paragraph (2) have not been fully implemented, except that the Secretary may issue a waiver with respect to the requirement under this subparagraph if the Secretary determines that issuing such a waiver is appropriate and in the interests of the United States.
added
Consultation and coordination required— In carrying out the program established under subsection (b), the Secretary shall consult and coordinate with the Secretary of State and the Secretary of Defense.
added
Inspector general reviews— The Inspector General of the Department of Commerce shall—
added
not later than 2 years after the date of enactment of this Act, and biennially thereafter until the date that is 10 years after that date of enactment, conduct a review of the program established under subsection (b), which shall include, at a minimum—
added
a determination of the number of instances in which grants were provided under that subsection during the period covered by the review in violation of a requirement of this section;
added
an evaluation of how—
added
the program is being carried out, including how recipients of grants are being selected under the program; and
added
other Federal programs are leveraged for manufacturing, research, and training to complement the grants awarded under the program; and
added
a description of the outcomes of projects supported by grants made under the program, including a description of—
added
facilities described in subsection (a)(2) that were constructed, expanded, or modernized as a result of grants made under the program;
added
research and development carried out with grants made under the program; and
added
workforce training programs carried out with grants made under the program, including efforts to hire individuals from disadvantaged populations; and
added
submit to the appropriate committees of Congress the results of each review conducted under paragraph (1).
Sec. 1822 Department of Commerce study on status of semiconductors technologies in the United States industrial base
added
added
In general— Commencing not later than 120 days after the date of the enactment of this Act, the Secretary of Commerce and the Secretary of Homeland Security, in consultation with the Secretary of Defense and the heads of other appropriate Federal departments and agencies, shall undertake a review, which shall include a survey, using authorities in section 705 of the Defense Production Act (50 U.S.C. 4555), to assess the capabilities of the United States industrial base to support the national defense in light of the global nature of the supply chain and significant interdependencies between the United States industrial base and the industrial base of foreign countries with respect to the manufacture, design, and end use of semiconductors.
added
Response to survey— The Secretary shall ensure compliance with the survey from among all relevant potential respondents, including the following:
added
Corporations, partnerships, associations, or any other organized groups domiciled and with substantial operations in the United States.
added
Corporations, partnerships, associations, or any other organized groups domiciled in the United States with operations outside the United States.
added
Foreign domiciled corporations, partnerships, associations, or any other organized groups with substantial operations or business presence in, or substantial revenues derived from, the United States.
added
Information requested— The information sought from a responding entity pursuant to the survey required by subsection (a) shall include, at minimum, information on the following with respect to the manufacture, design, or end use of semiconductors by such entity:
added
An identification of the geographic scope of operations.
added
Information on relevant cost structures.
added
An identification of types of semiconductors development, manufacture, assembly, test, and packaging equipment in operation at such entity.
added
An identification of all relevant intellectual property, raw materials, and semi-finished goods and components sourced domestically and abroad by such entity.
added
Specifications of the semiconductors manufactured or designed by such entity, descriptions of the end-uses of such semiconductors, and a description of any technical support provided to end-users of such semiconductors by such entity.
added
Information on domestic and export market sales by such entity.
added
Information on the financial performance, including income and expenditures, of such entity.
added
A list of all foreign and domestic subsidies, and any other financial incentives, received by such entity in each market in which such entity operates.
added
A list of regulatory or other informational requests about the entities’ operations, sales, or other proprietary information by the Government of the People’s Republic of China, entities under its direction or officials of the CCP, a description of the nature of the request, and the type of information provided.
added
Information on any joint ventures, technology licensing agreements, and cooperative research or production arrangements of such entity.
added
A description of efforts by such entity to evaluate and control supply chain risks it faces.
added
A list and description of any sales, licensing agreements, or partnerships between such entity and the People’s Liberation Army or People’s Armed Police, including any business relationships with entities through which such sales, licensing agreements, or partnerships may occur.
added
Report—
added
In general— The Secretary of Commerce shall, in consultation with the Secretary of Defense, the Secretary of Homeland Security, and the heads of other appropriate Federal departments and agencies, submit to Congress a report on the results of the review required by subsection (a). The report shall include the following:
added
An assessment of the results of the survey.
added
A list of critical technology areas impacted by potential disruptions in production of semiconductors, and a detailed description and assessment of the impact of such potential disruptions on such areas.
added
A description and assessment of gaps and vulnerabilities in the semiconductors supply chain and the national industrial supply base.
added
Form— The report required by paragraph (1) may be submitted appropriate committees of Congress in classified form.
Sec. 1823 Funding for development and adoption of secure semiconductor and secure semiconductor supply chains
added
added
Multilateral semiconductor security fund—
added
Establishment of fund— There is established in the Treasury of the United States a trust fund, to be known as the “Multilateral Semiconductor Security Fund” (in this section referred to as the “Fund”), consisting of any appropriated funds credited to the Fund.
added
Purpose— The purpose of the Fund shall be to work with and support a variety of stakeholders, including governments, businesses, academia, and civil society, and allies or partner nations who are members of the Fund and are critical to the global semiconductor supply chain in order to build safe and secure semiconductor supply chains outside of and devoid of entities from countries subject to a United States embargo. Considerations for building safe and secure semiconductor supply chains include, but are not limited to—
added
relevant semiconductor designs;
added
chemicals and materials relevant to the semiconductor industry;
added
semiconductor design tools;
added
semiconductor manufacturing equipment; and
added
basic and applied semiconductor research capability.
added
Restriction of use of funds—
added
Availability contingent on international agreement— Amounts in the Fund shall be available to the Secretary of State, subject to appropriation, on and after the date on which the Secretary enters into an agreement with at least 5 other governments of countries that are allies or partners of the United States that are critical to the global semiconductor supply chain to participate in the common funding mechanism under subsection (b)(1) and the commitments described in paragraph (2) of that subsection.
added
Limitation— At no point during fiscal years 2021 through 2030 shall a United States contribution cause the cumulative total of United States contributions to exceed 33 percent of the total contributions to the Fund from all sources.
added
Notification— The Secretary of State shall notify the appropriate congressional committees not later than 15 days in advance of making a contribution to the Fund, including—
added
the amount of the proposed contribution;
added
the total of funds contributed by other donors; and
added
the national interests served by United States participation in the Fund.
added
Withholdings—
added
Support for acts of international terrorism— If at any time the Secretary of State determines that the Fund has provided assistance to a country, the government of which the Secretary of State has determined, for purposes of section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) has repeatedly provided support for acts of international terrorism, the United States shall immediately withhold contributions to the Fund and cease participating in Fund activities.
added
Support for embargoed countries— If at any time the Secretary of State determines that the Fund, or any investments made by the fund, has supported the semiconductor supply chain of or an entity with a substantial nexus to the semiconductor supply chain of a country under a United States embargo, the United States shall immediately withhold contributions and no longer make any contributions until it certifies that non-market economies do not stand to benefit from investments made from the Fund.
added
Excessive salaries— If at any time during any of the fiscal years 2021 through 2025, the Secretary of State determines that the salary of any individual employed by the Fund exceeds the salary of the Vice President of the United States for that fiscal year, then the United States should withhold from its contribution for the next fiscal year an amount equal to the aggregate amount by which the salary of each such individual exceeds the salary of the Vice President of the United States.
added
Ensuring permanent member status— If at any time the Secretary of State certifies that the United States does not have a permanent representative to the Board of Trustees as established in paragraph (6), the Secretary shall withhold contributions to the Fund until the Secretary certifies that the United States is given a permanent seat.
added
Composition—
added
In general— The Fund should be governed by a Board of Trustees, to be composed of representatives of participating allies and partners that are donors or participants in the Fund. The Board of Trustees should include—
added
5 permanent member countries, who qualify based upon meeting an established initial contribution threshold, whose contributions should cumulatively be not less than 50 percent of total contributions, and who should hold veto power over programs and projects; and
added
5 term members, as appropriate, who are selected by the permanent members on the basis of their commitment to building a free secure semiconductor supply chain.
added
Qualifications— Individuals appointed to the Board shall have demonstrated knowledge and experience in the fields of semiconductors, semiconductor manufacturing, and supply chain management.
added
United states representation—
added
In general—
added
Founding permanent member— The Secretary of State shall seek to establish the United States as a founding permanent member of the Fund.
added
Coordinator of united states government activities to advance semiconductor supply chain security— The Secretary of State shall appoint an individual qualified as according to subparagraph (B) of this subsection to represent the United States on the Board of Trustees.
added
Effective and termination dates—
added
Effective date— This paragraph shall take effect upon the date the Secretary of State, in coordination with the Secretary of the Treasury, certifies and transmits to Congress an agreement establishing the Fund.
added
Termination date— The membership established pursuant to clause (i) shall terminate upon the date of termination of the Fund.
added
Removal procedures— The Fund shall establish procedures for the removal of member donors of the Board who do not abide by the Fund’s core objectives as defined in paragraph (4) of this section.
added
Availability of amounts—
added
In general— Amounts in the Fund shall remain available through the end of the 10th fiscal year beginning after the date of the enactment of this Act.
added
Remainder to treasury— Any amounts remaining in the Fund after the end of the fiscal year described in subparagraph (A) shall be deposited in the general fund of the Treasury.
added
Common funding mechanism for development and adoption of secure semiconductor and secure semiconductor supply chains—
added
In general— The Secretary of State, in consultation with the Secretary of Commerce, Secretary of Energy, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of the Treasury, and the Director of National Intelligence, shall seek to establish a common funding mechanism, in coordination with the governments of countries that are Members of the Fund, that uses amounts from the Fund, and amounts committed by such governments, to support those efforts described in subsection (a).
added
Mutual commitments— The Secretary of State, in consultation with the United States Trade Representative, the Secretary of Treasury, and the Secretary of Commerce, shall seek to negotiate a set of mutual commitments with the governments of countries that are Members of the Fund upon which to condition any expenditure of funds pursuant to the common funding mechanism described in paragraph (1). Such commitments shall, at a minimum—
added
develop common policies for the protection of basic and applied research in both academic and commercial settings;
added
develop common reporting requirements for researchers participating in talents programs of countries subject to a United States arms embargo;
added
establish substantially similar if not identical export controls licensing requirements for all segments of the semiconductor supply chain;
added
establish substantially similar if not identical policies for inbound investment from entities with a substantial nexus to countries subject to an embargo in all segments of the semiconductor supply chain;
added
establish harmonized treatment of semiconductors and verification processes for the importation of semiconductors or items incorporating semiconductors from embargoed countries;
added
establish common policies on protecting knowledge, know-how, and personnel from migrating to embargoed countries or taking employment with entities with a substantial nexus to these countries;
added
develop common policies, including disclosure requirements and restrictions, on outbound investments, including index funds, into entities that support or contribute to the development of the semiconductor industry in countries subject to an embargo;
added
establish transparency requirements for any subsidies or other financial benefits (including revenue foregone) provided to semiconductor firms located in or outside such countries;
added
establish consistent policies with respect to countries that—
added
are not participating in the common funding mechanism; and
added
do not meet transparency requirements established under subparagraph (H);
added
promote harmonized treatment of semiconductor and verification processes for items being exported to a country considered a national security risk by a country participating in the common funding mechanism;
added
establish a consistent policies and common external policies to address nonmarket economies as the behavior of such countries pertains to semiconductor; and
added
align policies on supply chain integrity and semiconductor security.
added
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 Fund are available under subsection (a), the Secretary of State shall submit to Congress a report on the status of the implementation of this section that includes a description of—
added
any commitments made by the governments of countries that are partners of the United States to providing funding for the common funding mechanism described in subsection (b)(1) and the specific amount so committed;
added
the criteria established for expenditure of funds through the common funding mechanism;
added
how, and to whom, amounts have been expended from the Fund;
added
amounts remaining in the Fund;
added
the progress of the Secretary of State toward entering into an agreement with the governments of countries that are partners of the United States to participate in the common funding mechanism and the commitments described in subsection (b)(2); and
added
any additional authorities needed to enhance the effectiveness of the Fund in achieving the security goals of the United States.
added
Gao report on trust fund effectiveness— Not later than 2 years after the date that the Fund is formally established, the Comptroller General of the United States shall submit to the appropriate congressional committees a report evaluating the effectiveness of the Fund, including—
added
the effectiveness of the programs, projects, and activities supported by the Fund; and
added
an assessment of the merits of continued United States participation in the Fund.
Sec. 1824 Advanced semiconductor research and design
added
added
Appropriate committees of congress— In this section, the term appropriate committees of Congress means—
added
the Committee on Intelligence, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Health, Education, Labor, and Pensions and the Committee on Homeland Security and Governmental Affairs of the Senate; and
added
the Permanent Select Committee on Intelligence, the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Financial Services, the Committee on Education and Labor and the Committee on Homeland Security of the House of Representatives.
added
Sense of congress— It is the sense of Congress that the leadership of the United States in semiconductor technology and innovation is critical to the economic growth and national security of the United States.
added
Subcommittee on semiconductor leadership—
added
Establishment required— The President shall establish in the National Science and Technology Council a subcommittee on matters relating to leadership of the United States in semiconductor technology and innovation.
added
Duties— The duties of the subcommittee established under paragraph (1) are as follows:
added
National strategy on semiconductor research—
added
Development— In coordination with the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Secretary of Commerce, the Secretary of Homeland Security, the Secretary of Labor, the Director of the National Science Foundation, and the Director of the National Institute of Standards and Technology and in consultation with the semiconductor industry and academia, develop a national strategy on semiconductor research, development, manufacturing, and supply chain security, including guidance for the funding of research, and strengthening of the domestic semiconductors workforce.
added
Reporting and updates— Not less frequently than once every 5 years, to update the strategy developed under clause (i) and to submit the revised strategy to the appropriate committees of Congress.
added
Implementation— In coordination with the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Secretary of Commerce, the Secretary of Homeland Security, the Director of the National Science Foundation, and the Director of the National Institute of Standards and Technology, on an annual basis coordinate and recommend each agency’s semiconductor related research and development programs and budgets to ensure consistency with the National Semiconductor Strategy.
added
Fostering coordination of research and development— To foster the coordination of semiconductor research and development.
added
Sunset— The subcommittee established under paragraph (1) shall terminate on the date that is 10 years after the date of enactment of this Act.
added
Industrial advisory committee— The President shall establish a standing subcommittee of the President’s Council of Advisors on Science and Technology to advise the United States Government on matters relating to semiconductors policy.
added
National semiconductor technology center—
added
Establishment— The Secretary of Commerce shall establish a national semiconductor technology center to conduct research and prototyping of advanced semiconductor technology to strengthen the economic competitiveness and security of the domestic supply chain, which will be operated as a public private-sector consortium with participation from the private sector, the Department of Defense, the Department of Energy, the Department of Homeland Security, the National Science Foundation, and the National Institute of Standards and Technology.
added
Functions— The functions of the center established under paragraph (1) shall be as follows:
added
To conduct advanced semiconductor manufacturing, design research, and prototyping that strengthens the entire domestic ecosystem and is aligned with the National Strategy on Semiconductor Research.
added
To establish a National Advanced Packaging Manufacturing Program led by the National Institute of Standards and Technology, in coordination with the Center, to strengthen semiconductor advanced test, assembly, and packaging capability in the domestic ecosystem, and which shall coordinate with the Manufacturing USA institute established under paragraph (4).
added
To establish an investment fund, in partnership with the private sector, to support startups in the domestic semiconductor ecosystem.
added
To establish a Semiconductor Manufacturing Program through the Director of the National Institute of Standards and Technology to enable advances and breakthroughs in measurement science, standards, material characterization, instrumentation, testing, and manufacturing capabilities that will accelerate the underlying research and development for metrology of next generation semiconductors and ensure the competitiveness and leadership of the United States within this sector.
added
To work with the Secretary of Labor, the private sector, educational institutions, and workforce training entities to develop workforce training programs and apprenticeships in advanced semiconductor packaging capabilities.
added
Components— The fund established under paragraph (2)(C) shall cover the following:
added
Advanced metrology and characterization for manufacturing of microchips using 3 nanometer transistor processes or more advanced processes.
added
Metrology for security and supply chain verification.
added
Creation of a manufacturing usa institute— The fund established under paragraph (2)(C) may also cover the creation of a Manufacturing USA institute described in section 34(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(d)) that is focused on semiconductor manufacturing. Such institute may emphasize the following:
added
Research to support the virtualization and automation of maintenance of semiconductor machinery.
added
Development of new advanced test, assembly and packaging capabilities.
added
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.
added
Authorizations of appropriations—
added
National semiconductor technology center—
added
In general— There is authorized to be appropriated to carry out subsection (e), $914,000,000 for fiscal year 2021—
added
of which, $300,000,000 shall be available to carry out subsection (e)(2)(A);
added
of which, $500,000,000 shall be available to carry out subsection (e)(2)(B);
added
of which, $50,000,000 shall be available to carry out subsection (e)(2)(C);
added
of which, $50,000,000 shall be available to carry out subsection (e)(2)(D)—
added
of which, $2,000,000 shall be available for each of fiscal year 2021 to carry out subsection (e)(3)(A);
added
of which, $2,000,000 shall be available for fiscal years 2021 o carry out subsection (e)(3)(B); and
added
of which, $5,000,000 shall be available for fiscal year 2021 to carry out subsection (e)(4); and
added
of which, $14,000,000 shall be available to carry out subsection (e)(2)(E).
added
Semiconductor research at national science foundation— There is authorized to be appropriated to carry out programs at the National Science Foundation on semiconductor research in alignment with the National Strategy on Semiconductor Research, $300,000,000 for fiscal year 2021.
added
Semiconductors research at the national institute of standards and technology— There is authorized to be appropriated to carry out semiconductors research at the National Institute of Standards and Technology $50,000,000 for fiscal year 2021.
added
Supplement, not supplant— The amounts authorized to be appropriated under paragraphs (1) through (3) of subsection (f) shall supplement and not supplant amounts already appropriated to carry out the purposes described in such paragraphs.
added
Domestic production requirements— The head of any executive agency receiving funding under this section shall develop policies to require domestic production, to the extent possible, for any intellectual property resulting from semiconductors research and development conducted as a result of these funds and domestic control requirements to protect any such intellectual property from foreign adversaries.
Sec. 1825 Prohibition relating to foreign entities of concern
added
added
Definition—
added
In this subtitle, the term foreign entity means—
added
any person—
added
controlled by, or is subject to the jurisdiction or direction of a foreign government;
added
who acts as an agent, representative, is an employee of, or acts in any other capacity at the order, request, or under the direction or control, of a foreign government;
added
whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in majority part by an interest as described in subparagraph (B) of this subsection;
added
who directly or indirectly through any contract, arrangement, understanding, relationship, or otherwise, owns 25 percent or more of the equity interests of an interest as described in subparagraph (B) of this subsection, or has significant responsibility to control, manage, or such an interest;
added
who is a citizen or resident, wherever located, of a nation-state controlled by a foreign government; or
added
any organization, corporation, partnership or association—
added
organized under the laws of a nation-state controlled by a foreign government; or
added
wherever organized or doing business, that is owned or controlled by a foreign government.
added
In this subtitle, the term foreign entity of concern means any foreign entity (as defined by paragraph (1) of this section)—
added
designated as a foreign terrorist organization by the Secretary of State under section 1189 of title 8;
added
included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury; or
added
alleged by the Attorney General to have been involved in activities for which a conviction was obtained under any of the following statutes:
added
Espionage Act (18 U.S.C. 792 et seq.).
added
Section 951 or 1030 of title 18.
added
Economic Espionage Act (18 U.S.C. 1831 et seq.).
added
Arms Export Control Act (22 U.S.C. 2778).
added
Section 2274, 2275, 2276, 2277, 2278, or 2284 of title 42.
added
Export Control Reform Act (50 U.S.C. 4801 et seq.).
added
International Economic Emergency Powers Act (50 U.S.C. 1701 et seq.).
added
Limitation— None of the funds appropriated pursuant to an authorization in this subtitle may be provided to a grantee that is determined to be a foreign entity of concern (as defined by this subtitle).
Sec. 1831 Short title
addedadded This subtitle may be cited as the “Biliteracy Education Seal and Teaching Act” or the “BEST Act”.
Sec. 1832 Findings
addedadded Congress finds the following:
added
The people of the United States celebrate cultural and linguistic diversity and seek to prepare students with skills to succeed in the 21st century.
added
It is fitting to commend the dedication of students who have achieved proficiency in multiple languages and to encourage their peers to follow in their footsteps.
added
The congressionally requested Commission on Language Learning, in its 2017 report “America's Languages: Investing in Language Education for the 21st Century”, notes the pressing national need for more people of the United States who are proficient in two or more languages for national security, economic growth, and the fulfillment of the potential of all people of the United States.
added
The Commission on Language Learning also notes the extensive cognitive, educational, and employment benefits deriving from biliteracy.
added
Biliteracy in general correlates with higher graduation rates, higher grade point averages, higher rates of matriculation into higher education, and higher earnings for all students, regardless of background.
added
The study of America’s languages in elementary and secondary schools should be encouraged because it contributes to a student’s cognitive development and to the national economy and security.
added
Recognition of student achievement in language proficiency will enable institutions of higher education and employers to readily recognize and acknowledge the valuable expertise of bilingual students in academia and the workplace.
added
States such as Utah, Arizona, Washington, and New Mexico have developed innovative testing methods for languages, including Native American languages, where no formal proficiency test currently exists.
added
The use of proficiency in a government-recognized official Native American language as the base language for a Seal of Biliteracy, with proficiency in any additional partner language demonstrated through tested proficiency, has been successfully demonstrated in Hawaii.
added
Students in every State and every school should be able to benefit from a Seal of Biliteracy program.
Sec. 1833 Definitions
addedadded In this subtitle:
added
ESEA definitions— The terms English learner, secondary school, and State have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
added
Native American languages— The term Native American languages has the meaning given the term in section 103 of the Native American Languages Act (25 U.S.C. 2902).
added
Seal of Biliteracy program— The term Seal of Biliteracy program means any program described in section 1834(a) that is established or improved, and carried out, with funds received under this subtitle.
added
Second language— The term second language means any language other than English (or a Native American language, pursuant to section 1834(a)(2)), including Braille, American Sign Language, or a Classical language.
added
Secretary— The term Secretary means the Secretary of Education.
Sec. 1834 Grants for State Seal of Biliteracy programs
added
added
Establishment of program—
added
In general— From amounts made available under subsection (f), the Secretary shall award grants, on a competitive basis, to States to enable the States to establish or improve, and carry out, Seal of Biliteracy programs to recognize student proficiency in speaking, reading, and writing in both English and a second language.
added
Inclusion of Native American languages— Notwithstanding paragraph (1), each Seal of Biliteracy program shall contain provisions allowing the use of Native American languages, including allowing speakers of any Native American language recognized as official by any American government, including any Tribal government, to use equivalent proficiency in speaking, reading, and writing in the Native American language in lieu of proficiency in speaking, reading, and writing in English.
added
Duration— A grant awarded under this section shall be for a period of 2 years, and may be renewed at the discretion of the Secretary.
added
Renewal— At the end of a grant term, a State that receives a grant under this section may reapply for a grant under this section.
added
Limitations— A State shall not receive more than 1 grant under this section at any time.
added
Return of unspent grant funds— Each State that receives a grant under this section shall return any unspent grant funds not later than 6 months after the date on which the term for the grant ends.
added
Grant application— A State that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including—
added
a description of the criteria a student must meet to demonstrate the proficiency in speaking, reading, and writing in both languages necessary for the State Seal of Biliteracy program;
added
a detailed description of the State's plan—
added
to ensure that English learners and former English learners are included in the State Seal of Biliteracy program;
added
to ensure that—
added
all languages, including Native American languages, can be tested for the State Seal of Biliteracy program; and
added
Native American language speakers and learners are included in the State Seal of Biliteracy program, including students at tribally controlled schools and at schools funded by the Bureau of Indian Education; and
added
to reach students, including eligible students described in subsection (c)(2) and English learners, their parents, and schools with information regarding the State Seal of Biliteracy program;
added
an assurance that a student who meets the requirements under paragraph (1) and subsection (c) receives—
added
a permanent seal or other marker on the student's secondary school diploma or its equivalent; and
added
documentation of proficiency on the student's official academic transcript; and
added
an assurance that a student is not charged a fee for providing information under subsection (c)(1).
added
Student participation in a Seal of Biliteracy program—
added
In general— To participate in a Seal of Biliteracy program, a student shall provide information to the State that serves the student at such time, in such manner, and including such information and assurances as the State may require, including an assurance that the student has met the criteria established by the State under subsection (b)(1).
added
Student eligibility for participation— A student who gained proficiency in a second language outside of school may apply under paragraph (1) to participate in a Seal of Biliteracy program.
added
Use of funds— Grant funds made available under this section shall be used for—
added
the administrative costs of establishing or improving, and carrying out, a Seal of Biliteracy program that meets the requirements of subsection (b); and
added
public outreach and education about the Seal of Biliteracy program.
added
Report— Not later than 18 months after receiving a grant under this section, a State shall issue a report to the Secretary describing the implementation of the Seal of Biliteracy program for which the State received the grant.
added
Authorization of appropriations— There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2021 through 2025.
Sec. 1841 Short title
addedadded This subtitle may be cited as the “Accountability for World Bank Loans to China Act of 2019”.
Sec. 1842 Findings
addedadded The Congress finds as follows:
added
Possessing more than $3,000,000,000,000 in foreign exchange reserves, the People’s Republic of China has devoted state resources to establish the Asian Infrastructure Investment Bank, the New Development Bank, and activities under the Belt and Road Initiative, potentially creating rivals to the multilateral development banks led by the United States and its allies.
added
The International Bank for Reconstruction and Development (IBRD), the World Bank’s primary financing institution for middle-income countries, ceases to finance (“graduates”) countries that are able to sustain long-term development without recourse to Bank resources.
added
The IBRD examines a country’s potential graduation when the country reaches the Graduation Discussion Income (GDI), which amounts to a Gross National Income (GNI) per capita of $6,975.
added
The World Bank calculates China’s GNI per capita as equivalent to $9,470.
added
According to the Center for Global Development, China has received $7,800,000,000 in IBRD commitments since crossing the GDI threshold in 2016.
Sec. 1843 United States support for graduation of China from World Bank assistance
added
added
In general— The United States Governor of the International Bank for Reconstruction and Development (IBRD) shall instruct the United States Executive Director at the IBRD that it is the policy of the United States to—
added
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
added
until the graduation of China from IBRD assistance, prioritize projects in China that contribute to global public goods, to the extent practicable.
added
Sunset— Subsection (a) shall have no force or effect on or after the earlier of—
added
the date that is 7 years after the date of the enactment of this Act; or
added
the date that the Secretary of the Treasury reports to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that termination of subsection (a) is important to the national interest of the United States, with a detailed explanation of the reasons therefor.
Sec. 1844 Accountability for World Bank loans to the People’s Republic of China
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the United States Governor of the International Bank for Reconstruction and Development (in this section referred to as the “IBRD”) shall submit the report described in subsection (b) to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate.
added
Report described— The report described in this subsection shall include the following:
added
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.
added
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.
added
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.
added
An action plan to help ensure that the People’s Republic of China graduates from the IBRD within 2 years after submission of the report, consistent with the lending eligibility criteria of the IBRD.
added
Waiver of requirement that report include action plan— The Secretary of the Treasury may waive the requirement of subsection (b)(4) on reporting to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver is important to the national interest of the United States, with a detailed explanation of the reasons therefor.
Sec. 1845 Ensuring debt transparency with respect to the Belt and Road Initiative
addedadded 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:
added
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.
added
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).
added
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.
Sec. 1851 Short title
addedadded This subtitle may be cited as the “Employment Fairness for Taiwan Act of 2020”.
Sec. 1852 Sense of the Congress
addedadded It is the sense of the Congress that—
added
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;
added
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
added
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.
Sec. 1853 Fairness for Taiwan nationals regarding employment at international financial institutions
added
added
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 in any employment decision by the institution, including employment through consulting or part-time opportunities, on the basis of—
added
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
added
any other consideration that, in the determination of the Secretary, unfairly disadvantages Taiwan nationals with respect to employment at the institution.
added
International financial institution defined— In this section, the term “international financial institution” has the meaning given the term in section 1701(c)(2) of the International Financial Institutions Act.
added
Waiver authority— The Secretary of the Treasury may waive subsection (a) 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—
added
will substantially promote the objective of equitable treatment for Taiwan nationals at the international financial institutions; or
added
is in the national interest of the United States, with a detailed explanation of the reasons therefor.
added
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 (a), and a summary of employment trends with respect to Taiwan nationals at the international financial institutions.
added
Sunset— The preceding provisions of this section shall have no force or effect beginning with the earlier of—
added
the date that is 7 years after the date of the enactment of this Act; or
added
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 (a).
Sec. 2305 Modification of authority to carry out certain fiscal year 2019 projects
changed
Eielson air force base, alaska— In the case of the authorization contained in the table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2246) for Eielson Air Force Base, Alaska, for construction of a F-35 F–35 CATM Range, as specified in the funding table in section 4601 of such Act (132 Stat. 2404), the Secretary of the Air Force may construct a 426 square-meter outdoor range with covered and heated firing lines.
Barksdale air force base, louisiana—
Modification of project authority— In the case of the authorization contained in table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2246) for Barksdale Air Force Base, Louisiana, for construction of an Entrance Road and Gate Complex the Secretary of the Air Force may construct a 190 square meter visitor control center, 44 square meter gate house, 124 square meter privately owned vehicle inspection facility, 338 square meter truck inspection facility and a 45 square meter gatehouse.
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.
Modification of project amounts—
Division B table— The authorization table in section 2301(a) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2246) is amended in the item relating to Barksdale Air Force Base, Louisiana, by striking “$12,250,000” and inserting “$48,000,000” to reflect the project modification made by paragraph (1).
Division D table— The funding table in section 4601 of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2404) is amended in the item relating to Barksdale Air Force Base, Louisiana, by striking “$12,250” in the Conference Authorized column and inserting “$48,000” to reflect the project modification made by paragraph (1).
changed
Royal air force lakenheath, united kingdom— In the case of the authorization contained in the table in section 2301(b) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2247) for Royal Air Force Lakenheath, United Kingdom, for construction of a 485 square-meter F-35A F–35A ADAL Conventional Munitions MX, as specified in the funding table of section 4601 of such Act (132 Stat. 2405), the Secretary of the Air Force may construct a 1,206 square-meter maintenance facility for such purpose.
Force protection and safety— The funding table in section 4601 of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2406) is amended in the item relating to Force Protection and Safety under Military Construction, Air Force, by striking “$35,000” in the Conference Authorized column and inserting “$50,000” to reflect amounts appropriated for such purpose.
Sec. 2404 Military construction infrastructure and weapon system synchronization for Ground Based Strategic Deterrent
Authorization for Planning and design— Of the amounts authorized to be appropriated for research, development, test, and evaluation, Air Force, for fiscal year 2021, for the Ground Based Strategic Deterrent, as specified in the funding table in section 4201, the Secretary of the Air Force may use not more than $15,000,000 for the purpose of obtaining or carrying out necessary planning and construction design in connection with military construction projects and other infrastructure projects necessary to support the development and fielding of the Ground Based Strategic Deterrent weapon system.
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.
Use of Single Prime Contractor— The Secretary of the Air Force may award contracts for planning and construction design and for military construction projects and other infrastructure projects authorized by law in connection with the development and fielding of the Ground Based Strategic Deterrent weapon system to a single prime contractor if the Secretary determines that awarding the contracts to a single prime contractor—
is in the best interest of the Government; and
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.
Exceptions to current law— The Secretary of the Air Force may carry out this section without regard to the following provisions of law:
Section 2304 of title 10, United States Code.
Section 2807(a) of such title.
Section 2851(a) of such title.
Expiration of Authority— The authorities provided by this section shall expire upon the earlier of the following:
The date that is 15 years after the date of the enactment of this Act.
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.
changed
Report Required— Not later than one 1 year after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report describing the plans to synchronize the development and fielding of the Ground Based Strategic Deterrent weapon system and its associated military construction projects and other infrastructure projects. The report shall contain, at minimum, the following elements:
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.
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.
Identification of the specific provisions of law, if any, that the Secretary determines may adversely impact or delay the development and fielding of the Ground Based Strategic Deterrent weapon system and its associated construction projects, assuming, as described in paragraph (2), the use of a programmatic military construction authorization on an installation-by-installation basis.
A plan to ensure sufficient capability and capacity to cover civilian and military manning for oversight and contract management related to the development and fielding of the Ground Based Strategic Deterrent weapon system and its associated construction projects.
Sec. 2502 Authorization of appropriations, NATO
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.
changed
Authority to To carry out project and recognize NATO authorization amounts as budgetary resources for project execution— When the United States is designated as the Host Nation for the purposes of executing a project under the NATO Security Investment Program (NSIP), the Department of Defense construction agent may carry out the project and recognize the NATO project authorization amounts as budgetary resources to incur obligations for the purposes of executing the NSIP project.
Sec. 2807 Pilot Program to support combatant command military construction priorities
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.
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.
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.
Commencement and Duration—
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.
changed
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 2 fiscal years. Any construction commenced under the pilot program before the expiration date may continue to completion.
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—
an evaluation of the likely positive and negative impacts were the pilot program extended or made permanent and, if extended or made permanent, the likely positive and negative impacts of expansion to cover all or additional combatant commands; and
the recommendations of the Secretary regarding whether the pilot program should be extended or made permanent and expanded.
Sec. 2816 Department of Defense report on criteria and metrics used to evaluate performance of landlords of privatized military housing that receive incentive fees
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—
changed
describing the criteria and metrics currently used by the Department of Defense to analyze the performance of landlords that receive incentive fees; andfees;
evaluating the effectiveness of such criteria and metrics in accurately judging the performance of such landlords; and
containing such recommendations as the Secretary considers appropriate to revise such criteria and metrics to better evaluate the performance of such landlords.
Preparation of report— To prepare the report required by subsection (a), the Secretary of Defense first shall solicit the views of the Secretaries of the military departments.
Definitions— In this section, the terms “incentive fees” and “landlord” have the meanings given those terms in paragraphs (9) and (10) of section 2871 of title 10, United States Code.
Sec. 2817 Report on Department of Defense efforts regarding oversight and role in management of privatized military housing
changed
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the progress made by the Department of Defense in implementing the recommendations contained in the report of the Comptroller General regarding military housing entitled “DOD Needs to Strengthen Oversight and Clarify Its Role in the Management of Privatized Housing” and dated March 2020 (GAO-20-281).(GAO–20–281).
Sec. 2818 Improved Department of Defense and landlord response to identification and remediation of severe environmental health hazards in military housing
added
added
Definitions— In this section:
added
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).
added
The term “severe environmental health hazard” means asbestos, radon, lead, and such other hazardous substances as the Secretary of Defense may designate.
added
Guidance required—
added
In general— Not later than 180 days after the date of the enactment of this section, the Secretary of Defense shall issue guidance regarding hazard assessments conducted under section 3052(b) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 10 U.S.C. 2821 note) subsection (b) and under the process developed under section 3053(a) of such Act (10 U.S.C. 2821 note) to improve Department of Defense and landlord identification and resolution of severe environmental health hazards in housing under the jurisdiction of the Department of Defense (including privatized military housing).
added
Testing and inspection requirements— The guidance issued under this subsection shall specifically require, on an annual basis or at more frequent intervals as the Secretary considers appropriate, the following:
added
Testing in housing under the jurisdiction of the Department of Defense (including privatized military housing) for known severe environmental health hazards.
added
Inspections of such housing to determine the efficacy of mitigation or encapsulation measures regarding severe environmental health hazards. Such inspections shall be performed by qualified home inspectors (as described in section 3051(d) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92; 10 U.S.C. 2821 note) and adhere to recognized industry practices and standards.
added
Additional requirement for lead encapsulation— The guidance issued under this subsection shall specifically require that testing of the integrity of lead encapsulation will be performed on an emergency basis at the request of the affected tenant.
added
Prompt notification requirement— The results of testing and inspections described in paragraphs (2) and (3) shall be shared with the tenant of the affected housing within 48 hours after receipt of the results by the housing management office of the military installation for which the housing is provided, the installation commander, or the landlord, whichever occurs first.
added
Alternative housing— The Secretary of the military department concerned shall provide alternative housing to affected tenants until any discrepancies are resolved, as provided in the department’s displaced tenants policy.
added
Additional protections for certain members— Members of the Armed Forces assigned to a military installation who are required to reside in on-installation housing (including privatized military housing on the installation) because of the members’ essential status shall be provided the following information before occupying the housing (and, in the case of privatized military housing, signing lease documents):
added
The most recent results of testing and inspections described in paragraphs (2) and (3) of subsection (b) regarding the housing.
added
If any of the tests and inspections were positive, information on the mitigation or encapsulation measures in place in the housing.
added
Information on required maintenance of mitigation measures.
Sec. 2819 Inclusion of assessment of performance metrics in annual publication on use of incentive fees for privatized military housing projects
added
added
Required Inclusion of assessment of performance metrics— Section 2891c(b)(1) of title 10, United States Code, is amended by striking “, on a publicly accessible website, information” and inserting the following:
added “(A) For each contract for the provision or management of housing units:
added “(i) An assessment of indicators underlying the performance metrics under such contract to ensure such indicators adequately measure the condition and quality of each housing unit covered by the contract, including the following:
added “(I) Tenant satisfaction.
added “(II) Maintenance management.
added “(III) Project safety.
added “(IV) Financial management.
added “(ii) A detailed description of each indicator assessed under subparagraph (A), including an indication of the following:
added “(I) The limitations of available survey data.
added “(II) How tenant satisfaction and maintenance management is calculated.
added “(III) Whether relevant data is missing.
added “(B) Information”
added
Conforming and clerical amendments—
added
Conforming amendments— Section 2891c(b)(2) of title 10, United States Code, is amended—
added
by striking “paragraph (1)” and inserting “paragraph (1)(B)”; and
added
by striking “each contract” and inserting “each contract for the provision or management of housing units”.
added
Clerical amendments—
added
Section heading— The heading of section 2891c of title 10, United States Code, is amended to read as follows:
added “2891c. Transparency regarding finances and performance metrics”
added
Subsection heading— Section 2891c(b) of title 10, United States Code, is amended in the subsection heading by striking “Availability of Information on Use of Incentive Fees” and inserting “Public Availability of Certain Information”.
added
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:
Sec. 2821 Codification of reporting requirements regarding United States overseas military enduring locations and contingency locations
Inclusion of information in existing annual report— Section 2687a(a) of title 10, United States Code, is amended—
in the subsection heading, by striking “Master Plans” and inserting “overseas military locations”;
in paragraph (1), by striking subparagraph (B) and inserting the following new subparagraph:
“(B) overseas military locations, whether such a location is designated as an enduring location or contingency location.”
by striking paragraph (2) and inserting the following new paragraphs:
“(2) To satisfy the reporting requirement specified in paragraph (1)(B), a report under paragraph (1) shall contain the following:
“(A) A description of the strategic goal and operational requirements supported by each overseas military location.
“(B) A summary of the terms of agreements for each overseas military location, including—
“(i) the type of implementing agreement;
“(ii) any annual lease or access costs to the United States under the agreement; and
“(iii) any limitation on United States military presence, activities, or operations at the overseas military location.
“(C) A list of all infrastructure investments made at each overseas military location during the previous fiscal year, delineated by project location, project title or description, cost of project, any amount paid by a host nation to cover all or part of the project cost, and authority used to undertake the project.
“(D) A list of all infrastructure requirements for each overseas military location anticipated during the fiscal year in which the report is submitted and the next four fiscal years, delineated as described in subparagraph (C).
“(E) A list of any overseas military locations newly established during the previous fiscal year.
“(F) A description of any plans to transition an existing contingency overseas military location to an enduring overseas military location or to upgrade or downgrade the designation of an existing enduring or contingency overseas military location during the fiscal year in which the report is submitted or the next four fiscal years.
“(G) A list of any overseas military locations that, during the previous fiscal year, were transferred to the control of security forces of the host country or another military force, closed, or for any other reason no longer used by the armed forces, including a summary of any costs associated with the transfer or closure of the overseas military location.
“(H) A summary of the impact that the establishment or maintenance of each overseas military location has on security commitments undertaken by the United States pursuant to any international security treaty or the current security environments in the combatant commands, including United States participation in theater security cooperation activities and bilateral partnership, exchanges, and training exercises.
“(I) A summary of any force protection risks identified for each overseas military location, the actions proposed to mitigate such risks, and the resourcing and implementation plan to implement the mitigation actions.
“(J) An assessment of force protection measures by host nations for each overseas military location and recommendations to mitigate any potential risks identified.
“(K) Such other such matters related to overseas military locations as the Secretary of Defense considers appropriate.
“(3)
“(A) In this subsection, the term “overseas military location” covers both enduring locations and contingency locations established outside the United States.
changed
“(B) An enduring location is primarily characterized either by the presence of permanently assigned United States forces with robust infrastructure and quality of life amenities to support that presence, by the sustained presence of allocated United States forces with infrastructure and quality of life amenities consistent with that presence, or by the periodic presence of allocated U.S. 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.
“(C) A contingency location refers to a location outside of the United States that is not covered by subparagraph (B), but that is used by United States forces to support and sustain operations during named and unnamed contingency operations or other operations as directed by appropriate authority and is categorized by mission life-cycle requirements as initial, temporary, or semi-permanent.
“(4) The Secretary of Defense shall prepare the report under paragraph (1) in coordination with the Under Secretary of Defense for Policy and the Under Secretary of Defense for Acquisition and Sustainment.
“(5) A report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex as necessary.”
Conforming and Clerical Amendments—
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”.
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”
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:
Repeal of superceded reporting requirement— Section 2816 of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1176) is repealed.
Sec. 2824 Use of on-site energy production to promote military installation energy resilience and energy security
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 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.”
changed
Evaluation of feasibility of expanding use of on-site on-Site energy production—
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.
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“(E) The Secretary of Defense may not select as the site of a project under this paragraph a military installation that already has the ability to satisfy any of the project requirements described in subparagraphs subparagraph (B), (C), or (D).
“(F) The authority of the Secretary of Defense to commence a project under this paragraph expires on September 30, 2025.”
Briefing— Not later than March 1, 2021, the Secretary of Defense shall brief the congressional defense committees regarding the plan to carry out the on-site energy production projects authorized by paragraph (2) of section 2911 of title 10, United States Code, as added by paragraph (1).
Sec. 2826 Improving water management and security on military installations
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Risk-based Risk-Based approach to installation water management and security—
General requirement— The Secretary concerned shall adopt a risk-based approach to water management and security for each military installation under the jurisdiction of the Secretary.
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—
are experiencing the greatest risks to sustainable water management and security; and
face the most severe existing or potential adverse impacts to mission assurance as a result of such risks.
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).
Water management and security assessments—
Assessment methodology— The Secretaries concerned, acting jointly, shall develop a methodology to assess risks to sustainable water management and security and mission assurance.
Elements— Required elements of the assessment methodology shall include the following:
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.
An evaluation of the age, condition, and jurisdictional control of water infrastructure serving the military installation.
An evaluation of the military installation’s water-security risks related to drought-prone climates, impacts of defense water usage on regional water demands, water quality, and legal issues, such as water rights disputes.
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.
An evaluation of existing water metering and consumption at the military installation, considered at a minimum—
by type of installation activity, such as training, maintenance, medical, housing, and grounds maintenance and landscaping; and
by fluctuations in consumption, including peak consumption by quarter.
Evaluation of installations for potential net zero water usage—
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.
Elements— Required elements of each evaluation shall include the following:
An evaluation of alternative water sources to offset use of freshwater, including water recycling and harvested rainwater for use as non-potable water.
An evaluation of the practicality of implementing Department of Energy guidelines for net zero water usage, when practicable to minimize water consumption and wastewater discharge in buildings scheduled for renovation.
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).
Improved Landscaping management practices—
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.
Arid or semi-arid climates— For military installations located in arid or semi-arid climates, landscaping management practices shall include the use of xeriscaping.
Non-arid climates— For military installations located in arid or non-arid climates, landscaping management practices shall include the use of plants common to the region in which the installation is located and native grasses and plants.
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:
Adding native flowering plants to sunny open areas and removing overhanging tree limbs above open patches within forested areas or dense shrub.
Removing or controlling invasive plants to improve pollinator habitat.
Preserving known and potential pollinator nesting and overwintering sites.
Eliminating or minimizing pesticide use in pollinator habitat areas.
Mowing in late fall or winter after plants have bloomed and set seed, adjusting timing to avoid vulnerable life stages of special status pollinators.
Mowing mid-day when adult pollinators can avoid mowing equipment.
Implementation report—
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Report required— Not later than one 1 year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the other Secretaries concerned, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the progress made in implementing this section.
Report elements— The report shall include the following:
The methodology developed under subsection (b) to conduct water management and security assessments.
A list of the military installations that have been assessed using such methodology and a description of the findings.
A list of planned assessments for the one-year period beginning on the date of the submission of the report.
An evaluation of the progress made on implementation of xeriscaping and other regionally appropriate landscaping practices at military installations.
Definitions— In this section:
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.
The terms “Secretary concerned” and “Secretary” mean the Secretary of a military department and the Secretary of Defense with respect to the Pentagon Reservation.
The term “xeriscaping” means landscape design that emphasizes low water use and drought-tolerant plants that require little or no supplemental irrigation.
Sec. 2828 Improved electrical metering of Department of Defense infrastructure supporting critical missions
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Options to To improve electrical metering— The Secretary of Defense and the Secretaries of the military departments shall improve the metering of electrical energy usage of covered defense structures to accurately determine energy consumption by such a structure to increase energy efficiency and improve energy resilience, using any combination of the options specified in subsection (b) or such other methods as the Secretary concerned considers practicable.
Metering options— Electrical energy usage options to be considered for a covered defense structure include the following:
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.
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.
Manual collection and calculation of the connected load via nameplate data survey of all the connected electrical devices for the covered defense structure and comparing it to the designed maximum rating of the incoming electric supply to determine the maximum electrical load for the covered defense structure.
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.
Definitions— In this section:
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—
is used to support a critical mission of the Department; and
is located at a military installation with base-wide resilient power.
The term “energy resilience” has the meaning given that term in section 101(e)(6) of title 10, United States Code.
Implementation report— As part of the Department of Defense energy management report to be submitted under section 2925 of title 10, United States Code, during fiscal year 2022, the Secretary of Defense shall include information on the progress being made to comply with the requirements of this section.
Sec. 2829 Renaming certain military installations and other defense property
Definitions— In this section:
The term “advisory panel” means an advisory panel established by the Secretary concerned to assist the Secretary concerned in the renaming process required by this section.
The term “covered defense property” means any real property, including any building, structure, or other improvement to real property thereon, under the jurisdiction of the Secretary concerned that is named after any person who served in the political or military leadership of any armed rebellion against the United States.
The term “covered military installation” means a military installation or reserve component facility that is named after any person who served in the political or military leadership of any armed rebellion against the United States.
The term “identification report” means the initial report required by subsection (c) that identifies covered military installations and covered defense property.
The term “military installation” has the meaning given that term in section 2801(c) of title 10, United States Code.
The term “other improvement” includes any library, classroom, parade ground or athletic field, training range, roadway, or similar physical feature.
The term “process report” means the report required by subsection (d) that describes the renaming process to be used by the Secretary concerned.
The term “renaming report” means the final report required by subsection (f) that provides new names for covered military installations and covered defense property.
The term “reserve component facility” has the meaning given the term “facility” in section 18232 of title 10, United States Code, and covers those facilities for which title is vested in the United States or for which the Secretary of Defense contributed funds under section 18233(a) of such title or former section 2233 of such title.
The term “Secretary concerned” means the Secretary of a military department and includes the Secretary of Defense with respect to matters concerning the Defense Agencies.
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Renaming required; deadline— Not later than one 1 year after the date of the enactment of this Act, the Secretary concerned shall—
complete the renaming process required by this section; and
commence the renaming of each covered military installation and covered defense property identified in the renaming report pursuant to the guidance issued by the Secretary concerned under subsection (f).
Identification report; deadline— Not later than 60 days after the date of the enactment of this Act, each Secretary concerned shall submit to the congressional defense committees a report that identifies each covered military installation and all covered defense property under the jurisdiction of the Secretary concerned that the Secretary concerned determines satisfies the definitions given those terms in subsection (a).
Process report; deadline—
Report required— Not later than 90 days after the date of the enactment of this Act, each Secretary concerned shall submit to the congressional defense committees a report describing the process by which the Secretary concerned will rename each covered military installation and covered defense property identified in the renaming report prepared by the Secretary concerned.
Report elements— At minimum, the process report shall contain the following elements:
A detailed description of the process to be used by the Secretary concerned to develop a list of potential names for renaming covered military installations and covered defense property.
An explanation regarding whether or not the Secretary concerned established, or will establish, an advisory panel to support the review process and make recommendations to the Secretary concerned. If the Secretary concerned has established, or will establish, an advisory panel, the report shall include the names and positions of the individuals who will serve on the advisory panel that represent:
Military leadership from covered military installations.
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Military leadership from military installations containing covered defense property..property.
State leaders and leaders of the locality in which a covered military installation or covered defense property is located.
Representatives from military museums, military historians, or relevant historians from the impacted States and localities with relevant expertise.
Community civil rights leaders.
The criteria the Secretary concerned will use to inform the renaming process.
A description of the process for accepting and considering public comments from members of the Armed Forces, veterans, and members of the local community on potential names for renaming covered military installations and covered defense property.
A timeline for the renaming process consistent with the deadline specified in subsection (b).
Congressional guidance on renaming criteria—
Preferences— As part of the renaming process established by the Secretary concerned and described in the process report required by subsection (c), the Secretary concerned shall give a preference for renaming covered military installations and covered defense property after either—
a battlefield victory by the Armed Forces consistent with current Department of Defense naming conventions; or
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a deceased member of the Armed Forces (other than the limited exception described in clause (iv)) who satisfies one of more of the following:
Was a recipient of the Congressional Medal of Honor.
Was recognized for heroism in combat or for other significant contributions to the United States.
Was a member of a minority group who overcame prejudice and adversity to perform distinguished military service.
added
Is a deceased woman who overcame prejudice and adversity to perform distinguished military service on behalf of the United States, including a woman who performed such distinguished military service (whether temporary service, auxiliary service, or other qualifying military service) before 1948 when women were allowed to officially join the Armed Forces.
renumbered
was (6)(2)(4)(5)
Has links to the community or State where the military installation or covered property is located.
renumbered
was (6)(2)(4)(6)
Served at the covered military installation, in a unit of the Armed Forces based at the covered installation; or at the military installation containing the covered defense property.
Other considerations—
Junior servicemembers— Junior members of the Armed Forces should be favored in the renaming process over general officers or flag officers.
Branch consideration— A deceased member of the Armed Forces whose name is selected in the renaming process should have served in the same Armed Force as the majority of the members of the Armed Forces stationed at the covered military installation renamed in honor of the deceased member or at which the renamed covered defense property is located.
Conflict consideration— The names selected in the renaming process should recognize and reflect significant battles or contingency operations since 1917 or the contributions of members of the Armed Forces who served in wars and contingency operations since 1917.
Personal conduct— A deceased member of the Armed Forces whose name is selected in the renaming process should be a person whose personal conduct reflects the current values of the Armed Forces and its members.
Renaming report; deadline—
Report required— Upon completing the renaming process identified in the process report, but not later than 30 days before the deadline specified in subsection (b), each Secretary concerned shall submit to the congressional defense committees a final report containing the list of the new names chosen for each covered military installation and covered defense property identified in the identification report prepared by the Secretary concerned.
Report elements— At minimum, the renaming report shall contain an explanation of the reasons for the selection of each new name chosen for covered military installations and covered defense property.
Public availability— The Secretary concerned shall make the renaming report publicly available as soon as practicable after submission of the renaming report.
Guidance for actual renaming— Not later than 30 days after submission of the renaming report, the Secretary concerned shall issue guidance to promptly affect the name changes contained in the renaming report.
Savings clause— Nothing in this section or the renaming process required by this section shall be construed to have any effect on grave markers or cemeteries that may exist on real property under the jurisdiction of the Department of Defense.
Sec. 2833 Land conveyance, Sharpe Army Depot, lathrop, California
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.
Modification of parcel authorized for conveyance— If a department or agency of the Federal Government will accept the transfer of a portion of the parcel of real property described in subsection (a), the Secretary shall modify the conveyance authorized by such subsection to exclude the portion of the parcel to be accepted by that department or agency.
Consideration—
Public benefit conveyance— The Secretary of the Army may assign the property for conveyance under subsection (a) as a public benefit conveyance without monetary consideration to the Federal Government if the Port of Stockton satisfies the conveyance requirements specified in section 554 of title 40, United States Code.
Fair market value— If the Port of Stockton fails to qualify for a public benefit conveyance under paragraph (1) and still desires to acquire the real property described in subsection (a), the Port of Stockton shall pay to the United States an amount equal to the fair market value of the property to be conveyed. The Secretary shall determine the fair market value of the property using an independent appraisal based on the highest and best use of the property.
Description of Property— The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary of the Army. The cost of the survey shall be borne by the Port of Stockton.
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.
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Sunset— If the real property authorized for conveyance by subsection (a) is not conveyed within one 1 year after the date of the enactment of this Act, the Secretary of the Army may report the property excess for disposal in accordance with existing law.
Sec. 2834 Land exchange, San Bernardino County, California
Definitions— In this section:
County— The term “County” means the County of San Bernardino, California.
Federal land— The term “Federal land” means the approximately 73 acres of Federal land generally depicted as “Federal Land Proposed for Exchange” on the map titled “Big Bear Land Exchange” and dated August 6, 2018.
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).
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Exchange authorized— Subject to valid existing rights and the terms of this section, no later than one 1 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—
convey to the County all right, title, and interest of the United States in and to the Federal land; and
accept from the County a conveyance of all right, title, and interest of the County in and to the non-Federal land.
Equal value and cash equalization—
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.
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.
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.
Appraisal— The Secretary of Agriculture shall complete an appraisal of the land to be exchanged under this section in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice.
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.
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.
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.
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.
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Pacific crest national scenic trail relocation— No later than three 3 years after the date of enactment of this Act, the Secretary of Agriculture, in accordance with applicable laws, shall relocate the portion of the Pacific Crest National Scenic Trail located on the Federal land—
to adjacent National Forest System land;
to land owned by the County, subject to County approval;
to land within the Federal land, subject to County approval; or
in a manner that combines two or more of the options described in paragraphs (1), (2), and (3).
Map and legal descriptions— As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall finalize a map and legal descriptions of all land to be conveyed under this section. The Secretary may correct any minor errors in the map or in the legal descriptions. The map and legal descriptions shall be on file and available for public inspection in appropriate offices of the Forest Service.
Sec. 2836 Transfer of administrative jurisdiction, Naval Support Activity Panama City, Florida, parcel
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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.
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.
Consideration and reimbursement—
No consideration— The transfer made by subsection (a) shall be without consideration.
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).
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 Land conveyance, Milan Army Ammunition Plant, Tennessee
added
added
Conveyance Authorized— 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, consisting of approximately 292 acres and commonly referred to as Parcels A, B and C.
added
Consideration—
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Consideration required— As consideration for the conveyance under subsection (a), the City shall provide consideration an amount equivalent to the fair market value of the property conveyed under such subsection, as determined by an appraisal approved by the Secretary of the Army. The consideration may be in the form of cash payment, in-kind consideration, or a combination thereof, provided at such time as the Secretary may require.
added
In-kind consideration— In-kind consideration provided by the City under paragraph (1) may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facility, real property, or infrastructure under the jurisdiction of the Secretary.
added
Payment of Costs of Conveyance—
added
Payment required— 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 under subsection (a), including survey costs, appraisal costs, costs for environmental documentation related to the conveyance, and any other administrative costs related to the conveyance.
added
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.
added
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.
added
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.
Sec. 2844 Additional requirements regarding Nevada Test and Training Range
Definitions— In this section:
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The term “affected Indian tribe” means an Indian tribe that—that has historical connections to—
changed
has historical connections to the land withdrawn and reserved as the Nevada Test and Training Range; andor
changed
retains a presence on lands near the Nevada Test and Training Range.land included as part of the Desert National Wildlife Refuge.
added
The term “current memorandum of understanding” means the memorandum of understanding referred to in section 3011(b)(5)(E) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 888) as in effect on the date of the enactment of this Act.
renumbered
was (2)(4)
The term “heavy force” means a military unit with armored motorized equipment, such as tanks, motorized artillery, and armored personnel carriers.
renumbered
was (2)(5)
The term “large force” means a military unit designated as a battalion or larger organizational unit.
removed
The term “Nevada Test and Training Range” means the lands known as the Nevada Test and Training Range withdrawn and reserved by section 3011(b) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 886).
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The term “new memorandum of understanding” “Nevada Test and Training Range” means the memorandum of understanding required land known as the Nevada Test and Training Range withdrawn and reserved by subsection (c)(1).section 3011(b) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 886).
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The term “overlapping lands” means the lands overlapping both land withdrawn and reserved as the Nevada Test and Training Range and that also is included as part of the Desert National Wildlife Refuge.Refuge. This land is commonly referred to as the Joint-Use Area.
added
The term “revised memorandum of understanding” means the current memorandum of understanding revised as required by subsection (c)(1) and other provisions of this section.
renumbered
was (2)(9)
The term “Secretaries” means the Secretary of the Air Force and the Secretary of the Interior acting jointly.
renumbered
was (2)(10)
The term “small force” means a military force of squad, platoon, or equivalent or smaller size.
changed
Co-Management Improved coordination and management of Federal lands overlapping Nevada Test and Training Range and Desert National Wildlife Refuge—lands— The Secretaries shall co-manage coordinate the management of the overlapping lands for both military use and wildlife refuge purposes.purposes consistent with their respective jurisdictional authorities described in paragraphs (3) and (5) of section 3011(b) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 887).
changed
Revision and extension of current Memorandum of understanding—
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New MOU Revision required— Not later than two 2 years after the date of the enactment of this Act, the Secretaries shall prepare a revise the current memorandum of understanding regarding to facilitate the management of the overlapping lands for the purpose of facilitating the co-management of the overlapping lands as required by subsection (b).lands—
added
for the purposes for which the Desert National Wildlife Refuge was established; and
added
to support military training needs consistent with the uses described under section 3011(b)(1) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 886), as modified by subsection (f).
changed
Relation to existing mou—current law— The new Upon completion of the revision process, the revised memorandum of understanding shall supersede the current memorandum of understanding referred understanding. Subject to in subparagraph (E) paragraph (1) and subsection (d), clauses (i), (ii), (iii), and (iv) of section 3011(b)(5) 3011(b)(5)(E) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 888). Clauses (ii), (iii), and (iv) of such subparagraph 888) shall apply to the new revised memorandum of understanding in the same manner as such clauses applied to the superseded current memorandum of understanding .understanding.
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Elements of new revised memorandum of understanding—
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In general— Subject to the dispute resolution process required by subsection (e), the new The revised memorandum of understanding shall include, at a minimum, provisions to address the following:
The proper management and protection of the natural and cultural resources of the overlapping lands.
The sustainable use by the public of such resources to the extent consistent with existing laws and regulations, including applicable environmental laws.
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The use of the overlapping lands for the military purposes training needs for which the lands are withdrawn and reserved.reserved and for wildlife conservation purposes for which the Desert National Wildlife Refuge was established, consistent with their respective jurisdictional authorities.
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Consultation— The Secretaries shall prepare the new revised memorandum of understanding in consultation with the following:
The resource consultative committee.
Affected Indian tribes.
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Tribal issues— The new revised memorandum of understanding shall include provisions to address the manner in which the Secretary of the Air Force will accomplish the following:
Meet the United States trust responsibilities with respect to affected Indian tribes, tribal lands, and rights reserved by treaty or Federal law affected by the withdrawal and reservation of the overlapping lands.
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Guarantee reasonable access to, and use by members of affected Indian tribes of high priority cultural sites throughout the Nevada Test and Training Range, including the overlapping lands, consistent with the reservation of the lands for military purposes.use.
Protect identified cultural and archaeological sites throughout the Nevada Test and Training Range, including the overlapping lands, and, in the event of an inadvertent ground disturbance of such a site, implement appropriate response activities to once again facilitate historic and subsistence use of the site by members of affected Indian tribes.
Provide for timely consultation with affected Indian tribes as required by paragraph (2).
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Guaranteeing Department of the Interior access— The new revised memorandum of understanding shall ensure guarantee that the Secretary of the Interior Interior, acting through the United States Fish and Wildlife Service, has regularly access to the overlapping lands for not less than 54 days during each calendar year to carry out the management responsibilities of the Secretary of the Interior United States Fish and Wildlife Service regarding the Desert National Wildlife Refuge, including the following:Refuge.
added
Elements of USFWS access— The United States Fish and Wildlife Service may carry out more than one management responsibility on the overlapping lands on an access day guaranteed by paragraph (4). Recognized United States Fish and Wildlife Service management responsibilities include the following:
added
The installation or maintenance of wildlife water development projects, for which at least 15 access days guaranteed by paragraph (4) shall be annually allotted during spring or winter months.
removed
The installation or maintenance of wildlife water development projects.
renumbered
was (5)(5)(4)
The conduct of annual desert bighorn sheep surveys.
added
The management of the annual desert bighorn sheep hunt in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd–668ee), for which at least 16 access days guaranteed by paragraph (4) shall be allotted.
added
The conduct of annual biological surveys for the Agassiz’s desert tortoise and other federally protected species, State-listed and at-risk species, migratory birds, golden eagle nests and rare plants, for which at least 30 access days guaranteed by paragraph (4) shall be annually allotted during spring or summer months.
added
The conduct of annual invasive species surveys and treatment, for which at least 15 access days guaranteed by paragraph (4) shall be annually allotted during spring or summer months.
added
The conduct of annual contaminant surveys of soil, springs, groundwater and vegetation, for which at least 10 access days guaranteed by paragraph (4) shall be annually allotted during spring or summer months.
removed
The management of the annual desert bighorn sheep hunt in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd–668ee).
removed
The conduct of annual biological surveys for the Agassiz’s desert tortoise and other federally protected species, State-listed and at-risk species, migratory birds, golden eagle nests and rare plants.
removed
The conduct of annual invasive species surveys and treatment.
removed
The conduct of annual contaminant surveys of soil, springs, groundwater and vegetation.
renumbered
was (5)(5)(9)
The regular installation and maintenance of climate monitoring systems.
renumbered
was (5)(5)(10)
Such additional access opportunities, as needed, for wildlife research, including Global Positioning System collaring of desert bighorn sheep, bighorn sheep disease monitoring, investigation of wildlife mortalities, and deploying, maintaining, and retrieving output from wildlife camera traps.
removed
Hunting, fishing, and trapping— The new memorandum of understanding shall include provisions to require that any hunting, fishing, and trapping on the overlapping lands is conducted in accordance with section 2671 of title 10, United States Code.
changed
Other required matters—Hunting, fishing, and trapping— The new revised memorandum of understanding also shall include provisions regarding continue to require that any hunting, fishing, and trapping on the following:overlapping lands is conducted in accordance with section 3020 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 896).
added
Other required matters— The revised memorandum of understanding also shall include provisions regarding the following:
renumbered
was (5)(7)(3)
The identification of current test and target impact areas and related buffer or safety zones, to the extent consistent with military purposes.
renumbered
was (5)(7)(4)
The design and construction of all gates, fences, and barriers in the overlapping lands, to be constructed after the date of the enactment of this Act, in a manner to allow wildlife access, to the extent practicable and consistent with military security, safety, and sound wildlife management use.
added
The incorporation of any existing management plans pertaining to the overlapping lands to the extent that the Secretaries, upon review of such plans, determine that incorporation into the revised memorandum of understanding is appropriate.
added
Procedures to ensure periodic reviews of the revised memorandum of understanding are conducted by the Secretaries, and that the State of Nevada, affected Indian tribes, and the public are provided a meaningful opportunity to comment upon any proposed substantial revisions.
removed
The incorporation of any existing management plans pertaining to the overlapping lands to the extent that the Secretaries, upon review of such plans, determine that incorporation into the new memorandum of understanding is appropriate.
removed
Procedures to ensure periodic reviews of the new memorandum of understanding are conducted by the Secretaries, and that the State of Nevada, affected Indian tribes, and the public are provided a meaningful opportunity to comment upon any proposed substantial revisions.
changed
Resolution of disputes—Resource Consultative Committee—
changed
Dispute resolution process—Establishment required— The Secretary Pursuant to the revised memorandum of understanding, the Air Force Secretaries shall be responsible for the resolution establish a resource consultative committee comprised of any dispute concerning members, designated at the new memorandum discretion of understanding or any amendment thereto.the Secretaries, from the following:
added
Interested Federal agencies.
added
At least one elected official (or other authorized representative) from the State of Nevada generally and at least one representative from the Nevada Department of Wildlife.
added
At least one elected official (or other authorized representative) from each local and tribal government impacted by the Nevada Test and Training Range.
added
At least one representative of an interested conservation organization.
added
At least one representative of a sportsmen’s organization.
added
At least one member of the general public familiar with the overlapping lands and resources thereon.
removed
Consultation— The Secretary of the Air Force shall make a decision under this subsection only after consultation with the Secretary of the Interior, acting through the Regional Director of the United States Fish and Wildlife Service, and the coordinator of the resource consultative committee.
removed
Goal— The Secretary of the Air Force shall seek to resolve disputes under this subsection in a manner that provides the greatest access to the overlapping lands to the public and to other Federal agencies and is protective of cultural and natural resources to the greatest extent possible consistent with the purposes for which the overlapping lands are reserved.
removed
Resource Consultative Committee—
removed
Establishment required— The Secretaries shall establish, pursuant to the new memorandum of understanding, a resource consultative committee comprised of representatives from interested Federal agencies, as well as at least one elected officer (or other authorized representative) from the State of Nevada, and at least one elected officer (or other authorized representative) from each local and tribal government impacted by the Nevada Test and Training Range, as may be designated at the discretion of the Secretaries.
renumbered
was (7)(3)
Purpose— The resource consultative committee shall be established solely for the purpose of exchanging views, information, and advice relating to the management of the natural and cultural resources of the Nevada Test and Training Range.
added
Operational basis— The resource consultative committee shall operate in accordance with the terms set forth in the revised memorandum of understanding, which shall specify the Federal agencies and elected officers or representatives of State, local, and tribal governments to be invited to participate. The memorandum of understanding shall establish procedures for creating a forum for exchanging views, information, and advice relating to the management of natural and cultural resources on the lands concerned, procedures for rotating the chair of the committee, and procedures for scheduling regular meetings.
added
Coordinator— The Secretaries shall appoint an individual to serve as coordinator of the resource consultative committee. The duties of the coordinator shall be specified in the revised memorandum of understanding. The coordinator shall not be a member of the committee.
added
Authorized and Prohibited activities—
added
Additional authorized activities— Additional military activities on the overlapping lands are authorized to be conducted, in a manner consistent with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), as follows:
removed
Operational basis— The resource consultative committee shall operate in accordance with the terms set forth in the new memorandum of understanding, which shall specify the Federal agencies and elected officers or representatives of State, local, and tribal governments to be invited to participate. The memorandum of understanding shall establish procedures for creating a forum for exchanging views, information, and advice relating to the management of natural and cultural resources on the lands concerned, procedures for rotating the chair of the committee, and procedures for scheduling regular meetings.
removed
Coordinator— The Secretaries shall appoint an individual to serve as coordinator of the resource consultative committee. The duties of the coordinator shall be included in the new memorandum of understanding. The coordinator shall not be a member of the committee.
removed
Authorized and Prohibited activities—
removed
Authorized activities— Military activities on the overlapping lands are authorized for the following purposes:
renumbered
was (8)(2)(3)
Emergency response.
renumbered
was (8)(2)(4)
Establishment and use of existing or new electronic tracking and communications sites.
added
Continued use of roads in existence as of the date of the enactment of this Act and maintenance of such a road consistent with the types of purposes for which the road has been used as of that date.
added
Small force readiness training by Air Force, Joint, or Coalition forces.
removed
Establishment and use of drop zones.
removed
Use and maintenance of roads in existence as of the date of the enactment of this Act.
removed
Small force readiness training by Air Force, Joint, or Coalition forces, including training using small motorized vehicles both on- and off-road, in accordance with applicable interagency agreements.
renumbered
was (8)(3)
Prohibited activities— Military activities on the overlapping lands are prohibited for the following purposes:
renumbered
was (8)(3)(3)
Large force or heavy force activities.
renumbered
was (8)(3)(4)
Designation of new weapon impact areas.
renumbered
was (8)(3)(5)
Any ground disturbance activity not authorized by paragraphs (1) and (2) of subsection (c).
added
Rules of construction— Nothing in this subsection shall be construed to preclude the following regarding the overlapping lands:
added
Low-level overflights of military aircraft, except that low-level flights of military aircraft over the United States Fish and Wildlife Service Corn Creek field station and visitor center are prohibited.
added
The designation of new units of special use airspace.
added
The use or establishment of military flight training routes.
added
Tribal liaison positions—
removed
Rules of construction— Nothing in this subsection shall be construed to preclude—
removed
low-level overflights of military aircraft, the designation of new units of special use airspace, or the use or establishment of military flight training routes over the overlapping lands; or
removed
the Secretaries from entering into the new memorandum of understanding or any amendment thereto concerning the activities authorized by paragraph (1).
removed
Tribal liaison positions—
renumbered
was (9)(2)
Access coordinator— The Secretary of the Air Force shall create a tribal liaison position for the Nevada Test and Training Range, to be held by a member of an affected Indian tribe, who will help coordinate access to cultural and archaeological sites throughout the Nevada Test and Training Range and accompany members of Indian tribes accessing such sites.
renumbered
was (9)(3)
Cultural resources liaison— The Secretary of the Air Force shall create a tribal liaison position for the Nevada Test and Training Range, to be held by a member of an affected Indian tribe, who will serve as a tribal cultural resources liaison to ensure that—
renumbered
was (9)(3)(3)
appropriate steps are being taken to protect cultural and archaeological sites throughout the Nevada Test and Training Range; and
renumbered
was (9)(3)(4)
the management plan for the Nevada Test and Training Range is being followed.
renumbered
was (10)
Fish and wildlife liaison— The Secretaries shall create a Fish and Wildlife Service liaison position for the Nevada Test and Training Range, to be held by a Fish and Wildlife Service official designated by the Director of the United States Fish and Wildlife Service, who will serve as a liaison to ensure that—
renumbered
was (10)(3)
appropriate steps are being taken to protect Fish and Wildlife Service managed resources throughout the Nevada Test and Training Range; and
renumbered
was (10)(4)
the management plan for the Nevada Test and Training Range is being followed.
Sec. 2846 Grand Canyon Centennial Protection Act
added
added
Short title— This section may be cited as the “Grand Canyon Centennial Protection Act”.
added
Withdrawal of certain federal land in the state of arizona—
added
Definition of map— In this section, the term “Map” means the map prepared by the Bureau of Land Management entitled “Grand Canyon Centennial Protection Act” and dated July 11, 2019.
added
Withdrawal— Subject to valid existing rights, the approximately 1,006,545 acres of Federal land in the State of Arizona, generally depicted on the Map as “Federal Mineral Estate to be Withdrawn”, including any land or interest in land that is acquired by the United States after the date of the enactment of this section, are hereby withdrawn from—
added
all forms of entry, appropriation, and disposal under the public land laws;
added
location, entry, and patent under the mining laws; and
added
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
added
Availability of map— The Map shall be kept on file and made available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management.
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—
in the paragraph heading, by striking “Annual” and inserting “Biennial”; and
in the matter preceding subparagraph (A)—
by striking “February 1 of each year” and inserting “February 1, 2022, and every second February 1 thereafter”;
changed
by striking “fiscal year” and inserting “two “2 fiscal years”;
by striking “such year” and inserting “such years”; and
by striking “the year” and inserting “the years”.
Sec. 2854 Study and strategy regarding bulk fuels management in United States Indo-Pacific Command Area of Responsibility
Findings— Congress makes the following findings:
The ordering and delivery of bulk fuels is organizationally bifurcated to the detriment of the Department of Defense.
Legacy bulk fuel management will not meet the accelerated pace of operations required to support the National Defense Strategy and the emphasis on disaggregated operations.
The number of United States flagged tanking vessels continues to decline, which has resulted in an excessive reliance on foreign flagged tanking vessels to be available to support the National Defense Strategy.
A foreign flagged tanking vessel support strategy induces excessive risk to support United States disaggregated operations in a highly contested environment.
The inadequacies of the legacy bulk fuel management strategy is particularly acute in the United States Indo-Pacific Command Area of Responsibility.
Sense of Congress— It is the sense of Congress that a single organizational element should be responsible for the bulk fuel management and delivery throughout the United States Indo-Pacific Command Area of Responsibility.
Study and strategy required— The Secretary of the Navy shall—
conduct a study of current and projected bulk fuel management strategies in the United States Indo-Pacific Command Area of Responsibility; and
prepare a proposed bulk fuel management strategy that optimally supports bulk fuel management in the United States Indo-Pacific Command Area of Responsibility.
Elements of study— The study required by subsection (c) shall include the following elements:
A description of current organizational responsibility of bulk fuel management in the United States Indo-Pacific Command Area of Responsibility from ordering, storage, strategic transportation, and tactical transportation to the last tactical mile.
A description of legacy bulk fuel management assets that can be used to support the United States Indo-Pacific Command.
Options for congressional consideration to better align organizational responsibility through the entirety of the bulk fuel management system in the United States Indo-Pacific Command Area of Responsibility, as proposed in the bulk fuel management strategy prepared pursuant to paragraph (2) of such subsection.
Coordination— The Secretary of the Navy shall conduct the study and prepare the bulk fuel management strategy required by subsection (c) in coordination with subject-matter experts of the United States Indo-Pacific Command, the United States Transportation Command, and the Defense Logistics Agency.
changed
Report required— Not later than one 1 year after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report containing the results of the study required by subsection (c) and the bulk fuel management strategy required by such subsection.
Prohibition on certain construction pending report— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Navy for construction related to additional bulk fuel storage in the United States Indo-Pacific Command Area of Responsibility may be obligated or expended until the report required by subsection (f) is submitted to the congressional defense committees.
Sec. 2855 Department of Defense report on easements and leased lands in Hawai‘i
added
added
Findings— Congress finds the following:
added
Lands throughout the State of Hawai‘i currently owned and leased by the Department of Defense or in which the Department of Defense otherwise has a real property interest are critical to maintaining the readiness of the Armed Forces now stationed or to be stationed in Hawai‘i and throughout the Indo-Pacific region and elsewhere.
added
Securing long-term continued utilization of those lands by the Armed Forces is thus critical to the national defense.
added
As a result of various factors, including complex land ownership and utilization issues and competing actual and potential uses, the interdependency of the various military components, and the necessity of maintaining public support for the presence and operations of the Armed Forces, the realization of the congressional and Department of Defense goals of ensuring the continuity of critical land and facilities infrastructure requires a sustained, dedicated, funded, top-level effort to coordinate realization of these goals across the Armed Forces, between the Department of Defense and other agencies of the Federal Government, and between the Department of Defense and the State of Hawai‘i and its civilian sector.
added
The end result of this effort must account for military and civilian concerns and for the changing missions and needs of all components of the Armed Forces stationed or otherwise operating out of the State of Hawai‘i as the Department of Defense adjusts to meet the objectives outlined in the National Defense Strategy.
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committee a report describing the progress being made by the Department of Defense to renew Department of Defense land leases and easements in the State of Hawai‘i that encompass one acre or more and will expire before January 1, 2030. The report shall include the following:
added
The location, size, and expiration date of each lease and easement.
added
Major milestones and expected timelines for maintaining access to the land covered by each lease and easement.
added
Actions completed over the preceding 2 years for each lease and easement.
added
Department-wide and service-specific authorities governing each lease and easement extension.
added
A summary of coordination efforts between the Secretary of Defense and the Secretaries of the military departments.
added
The status of efforts to develop an inventory of military land in Hawai‘i, to include current possible future uses, that would assist in land negotiations with the State of Hawai‘i.
added
The risks and potential solutions to ensure the renewability of required and critical leases and easements.
Sec. 2861 Defense Community Infrastructure Program
Prioritization of community infrastructure projects— Section 2391(d)(1) of title 10, United States Code, is amended—
by inserting “(A)” after “(1)”;
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
by adding at the end the following new subparagraph:
“(B) The Secretary shall establish criteria for the selection of community infrastructure projects to receive assistance under this subsection, including selection of community infrastructure projects in the following order of priority:
“(i) Projects that will enhance military installation resilience.
“(ii) Projects that will enhance military value at a military installation.
“(iii) Projects that will enhance military family quality of life at a military installation.”
changed
Cost-sharing 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 cost-sharing requirement entirely.”
Specified duration of program— Section 2391(d)(4) of title 10, United States Code, is amended by striking “upon the expiration of the 10-year period which begins on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2019” and inserting “on September 30, 2028”.
added
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:
added “(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.”
Sec. 2862 Pilot program on reduction of effects of military aviation noise on certain covered property
changed
In general— The Secretary of Defense shall carry out a five-year 5-year pilot program under which the commander of a military installation may provide funds for the purpose of installing noise insulation on covered property impacted by military aviation noise from aircraft utilizing the installation.
Cost sharing requirement— To be eligible to receive funds under the pilot program, a recipient shall enter into an agreement with the commander to cover at least 50 percent of the cost to acquire and install the noise insulation for the covered property.
Noise reduction threshold— To be eligible to receive funds under the pilot program, the commander must determine that, if noise insulation is installed as requested, noise at the covered property would be reduced by at least five dB.
Other funding limitations— Funds provided under the pilot program shall be used for the installation of noise insulation for covered property—
located within a Department of Defense noise contour between 65 dB day-night average sound level and 75 dB day-night average sound level as validated on a National Environmental Policy Act-compliant assessment within the past three years; and
where interior noise has been measured at 45 dB day-night average sound level by the installation.
Goals and best practices— In carrying out the pilot program, a commander shall pursue the following goals and use the following best practices:
Minimize cost in order to maximize the quantity of covered property served.
Focus efforts on covered property newly impacted by increased noise levels.
Covered property defined— For purposes of the pilot program, the term “covered property” means the following:
A private residence.
A hospital.
A daycare facility.
A school.
A facility whose primary purpose is serving senior citizens.
Condition on commencement— Commencement of the pilot program shall be subject to the availability of appropriations for the program.
Sec. 2864 Responsibility of Navy for military construction requirements for certain Fleet Readiness Centers
addedadded 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.
Sec. 3118 Reports on diversity of certain contractor employees of National Nuclear Security Administration
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.
Matters included— Subject to subsection (c), each report under subsection (a) shall include, for each covered element of the Administration, the following:
With respect to the fiscal year covered by the report and the previous fiscal year, demographic data of—
the contractor employees of the covered element;
the contractor employees hired at the covered element during each such year; and
the contractor employees of the covered element who voluntarily separated during each such year.
changed
A To the extent practical, a breakdown of the data under paragraph (1) subparagraph (A) by each position in the common occupational classification system.Standard Occupational Classification System by the Bureau of Labor Statistics.
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).
An identification of the official of the covered element responsible for implementing such plan and a description of how the person determines whether the covered element is meeting the goals of the plan.
A description of the training resources relating to diversity, equality, and inclusion are available to contractor employees of the covered element with hiring authority, and an identification of how many such contractor employees have been trained.
Data— The Administrator shall carry out this section using data that is—
changed
otherwise available to the Administrator and to the management and operating contractors of the nuclear security enterprise; andenterprise;
changed
collected in accordance with applicable laws and regulations of the Equal Employment Opportunity Commission, regulations of the Office of Federal Contract Compliance Programs of the Department of Labor, and applicable provisions of Federal law on privacy.privacy; and
added
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—
added
the statutory authority governing such sharing;
added
the minimum amount of data needed to be shared;
added
the exact data to be shared;
added
the method of securely sharing such data; and
added
the limitations on the use and disclosure of such data.
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).
added
GAO review— Not later than 1 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—
added
the diversity of contractor employees with respect to both the hiring and retention of such employees;
added
the demographic composition of such employees; and
added
the issues relating to diversity that such report identifies and the steps taken by the Administrator to address such issues.
added
Sense of Congress— It is the sense of Congress that—
added
National Nuclear Security Administration is undertaking the largest and most complex workload since the end of the Cold War;
added
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;
added
more than 5,000 employees were hired at the laboratories, plants, and sites of the National Nuclear Security Administration during fiscal year 2019; and
added
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 these efforts, particularly as its aging workforce continues to retire.
renumbered
was (6)
Definitions— In this section:
renumbered
was (6)(3)
The term “contractor employee” means an employee of a management and operating contractor of the nuclear security enterprise.
renumbered
was (6)(4)
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)).
renumbered
was (6)(5)
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. 3121 Prohibition on use of funds for nuclear weapons test explosions
added
added
In general— None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021, or authorized to be appropriated or otherwise made available for any fiscal year before fiscal year 2021 and available for obligation as of the date of the enactment of this Act, may be obligated or expended to conduct or make preparations for any explosive nuclear weapons test that produces any yield.
added
Rule of construction— Nothing in subsection (a) shall be construed to apply to nuclear stockpile stewardship activities that are consistent with the zero-yield standard and other requirements under law.
Sec. 3122 Sense of Congress on the Energy Employees Occupational Illness Compensation Program
addedadded It is the sense of Congress that—
added
the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) was enacted as part of the Fiscal Year 2001 Defense Authorization Act (Public Law 106–398) to ensure fairness and equity to the civilian men and women who, since the commencement of the Manhattan Project, have performed duties uniquely related to the nuclear weapons production and testing programs of the Department of Energy (DOE) and its predecessor agencies and were made ill from exposure to toxic substances related to such work;
added
as part of EEOICPA, Congress provided for a system of efficient, uniform, and adequate compensation and health care to assist the defense nuclear workers who were employed by the DOE, its contractors, and certain private vendors;
added
as part of reforms to this program enacted as part of the Fiscal Year 2005 Defense Authorization Act (Public Law 108–375), Congress created the Office of the Ombudsman for the Energy Employees Occupational Illness Compensation Program (although such Office is within the Department of Labor, the Office of the Ombudsman is independent of the other officers and employees of the Department of Labor engaged in activities related to the administration of the provisions of EEOICPA);
added
the Office of the Ombudsman provides guidance and assistance to claimants navigating the claims application process and prepares an annual report to Congress with—
added
the number and types of complaints, grievances, and requests for assistance received by the Ombudsman during the preceding year; and
added
an assessment of the most common difficulties encountered by claimants and potential claimants during the preceding year;
added
claimants rely on the Office of the Ombudsman in the Department of Labor to provide impartial advice and guidance in navigating what can be a challenging claims process, and its operations should be continued;
added
Congress has reauthorized the Office of the Ombudsman on a bipartisan basis as part of the National Defense Authorization Act on multiple occasions, including most recently in the Fiscal Year 2020 Defense Authorization Act (Public Law 116–48); and
added
the Office of the Ombudsman is critical to the successful implementation of EEOICPA.
Sec. 3505 Maritime transportation system emergency relief program
added
added
In general— Chapter 503 of title 46, United States Code, is amended by adding at the end the following:
added “50308. Maritime transportation system emergency relief program
added “(a) Definitions—In this section the following definitions shall apply:
added “(1) Eligible State entity—The term “eligible State entity” means a port authority, or a State-owned or -operated vessel and facilities associated with the operation of such vessel, in any State.
added “(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—
added “(A) vessel construction, transportation by water, or support activities for transportation by water with an assigned North American Industry Classification System code beginning with 3366, 483, or 4883; or
added “(B) as determined by the Secretary of Transportation—
added “(i) construction related to activities described in subparagraph (A); or
added “(ii) maritime education and training.
added “(3) Eligible operating costs—The term “eligible operating costs” means costs relating to—
added “(A) emergency response;
added “(B) cleaning;
added “(C) sanitization;
added “(D) janitorial services;
added “(E) staffing;
added “(F) workforce retention;
added “(G) paid leave;
added “(H) procurement and use of protective health equipment, testing, and training for employees and contractors;
added “(I) debt service payments;
added “(J) infrastructure repair projects; and
added “(K) other maritime transportation system operations;
added “(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—
added “(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;
added “(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);
added “(C) national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) is in effect; or
added “(D) a public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) is in effect.
added “(b) General authority—The Maritime Administrator may—
added “(1) make grants to eligible State entities for eligible operating costs; and
added “(2) make grants and enter into contracts and other agreements with eligible entities for—
added “(A) the costs of capital projects to protect, repair, reconstruct, or replace equipment and facilities of the United States maritime transportation system that the Maritime Administrator determines is in danger of suffering serious physical damage, or has suffered serious physical damage, as a result of an emergency; and
added “(B) eligible operating costs of United States maritime transportation equipment and facilities in an area directly affected by an emergency during—
added “(i) the 1-year period beginning on the date of a declaration described in subsections (a)(4)(A) and (a)(4)(B); and
added “(ii) an additional 1-year period beginning 1 year after the date of a declaration described in subsections (a)(4)(A) and (a)(4)(B), if the Maritime Administrator, in consultation with the Administrator of the Federal Emergency Management Administration, determines there is a compelling need arising out of the emergency for which the declaration is made.
added “(c) Allocation—The Maritime Administrator shall determine an appropriate method for the equitable allocation and distribution of funds under this section to eligible State entities and eligible entities.
added “(d) Applications—An applicant for assistance under this section shall submit an application for such assistance to the Maritime Administrator at such time, in such manner, and containing such information and assurances as the Maritime Administrator may require.
added “(e) Coordination of emergency funds
added “(1) Use of funds—Funds appropriated to carry out this section shall be in addition to any other funds available under this chapter.
added “(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.
added “(f) Grant requirements—A grant awarded under this section that is made to address an emergency defined under subsection (a)(4)(B) shall be—
added “(1) subject to the terms and conditions the Maritime Administrator determines are necessary; and
added “(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.
added “(g) Federal share of costs—The Federal share payable of the costs for which a grant is made under this section shall be 100 percent.
added “(h) Administrative costs—Of the amounts available to carry out this section, not more than one-half of one percent may be used for administration of this section.
added “(i) Quality assurance—The Maritime Administrator shall institute adequate policies, procedures, and internal controls to prevent waste, fraud, abuse, and program mismanagement for the distribution of funds under this section.
added “(j) Reports—The Maritime Administrator shall annually report to the Congress regarding financial assistance provided under this section, including a description of such assistance.”
added
Clerical amendment— The analysis for such chapter is amended by adding at the end the following:
added
Inclusion of COVID–19 pandemic public health emergency— For purposes of section 50308 of title 46, United States Code, as amended by subsection (a), the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) resulting from the COVID–19 pandemic shall be treated as an emergency.
Sec. 3506 Centers of excellence for domestic maritime workforce training and education: technical amendments
added
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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.
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Clerical amendments— Title 46, United States Code, is amended—
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in the analysis for chapter 541, by striking the item relating to section 54102; and
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in the analysis for chapter 517, by striking the item relating to section 51705 and inserting the following:
Sec. 3507 Merchant mariner education loan program
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added
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:
added “51707. Merchant mariner career training loan program
added “(a) Establishment—The Secretary of Transportation shall establish the Elijah E. Cummings Merchant Mariner Career Training Loan Program (in this section referred to as the “program”) in accordance with the requirements of this section.
added “(b) Purpose—The purpose of the program shall be to make merchant mariner career training loans available to eligible students to provide for the training of United States merchant mariners, including those working to receive a Standards of Training, Certification and Watchkeeping endorsement under subchapter B of chapter I of title 46, Code of Federal Regulations.
added “(c) Administration—The program shall be carried out by the Secretary, acting through the Administrator of the Maritime Administration.
added “(d) Duties—The Secretary shall—
added “(1) allocate, on an annual basis, the award of loans under the program based on the needs of students;
added “(2) develop an application process and eligibility criteria for the award of loans under the program;
added “(3) approve applications for loans under the program based on the eligibility criteria and allocations made under paragraph (1); and
added “(4) designate maritime training institutions at which loans made under the program may be used.
added “(e) Designation of maritime training institutions
added “(1) In general—In designating maritime training institutions under subsection (d)(4), the Secretary—
added “(A) may include Federal, State, and commercial training institutions and nonprofit training organizations, including centers of excellence designated under section 51706;
added “(B) shall designate institutions based on geographic diversity and scope of classes offered;
added “(C) shall ensure that designated institutions have the ability to administer the program; and
added “(D) shall ensure that designated institutions meet requirements to provide training instruction for appropriate Coast Guard-approved training instruction.
added “(2) Exclusions—The Secretary—
added “(A) may exclude from participation in the program a maritime training institution that has had severe performance deficiencies, including deficiencies demonstrated by audits or program reviews conducted during the 5 calendar years immediately preceding the present year;
added “(B) shall exclude from participation in the program a maritime training institution that has delinquent or outstanding debts to the United States, unless such debts are being repaid under or in accordance with a repayment arrangement satisfactory to the United States, or the Secretary in the Secretary’s discretion determines that the existence or amount of any such debts has not been finally determined by the appropriate Federal agency;
added “(C) may exclude from participation in the program a maritime training institution that has failed to comply with quality standards established by the Department of Labor, the Coast Guard, or a State; and
added “(D) may establish such other criteria as the Secretary determines will protect the financial interest of the United States and promote the purposes of this section.
added “(f) State maritime academies
added “(1) Use of funds for loans to students attending State maritime academies—The Secretary may obligate not more than 50 percent of the amounts appropriated to carry out this section for a fiscal year for loans to undergraduate students attending State maritime academies receiving assistance under chapter 515 of this title.
added “(2) Academic standards for students—Students at State maritime academies receiving loans under the program shall maintain satisfactory progress toward the completion of their course of study as evidenced by the maintenance of a cumulative C average, or its equivalent, or academic standing consistent with the requirements for graduation, as determined by the institution.
added “(g) Loan amounts and use
added “(1) Maximum amounts
added “(A) In general—The Secretary may not make loans to a student under the program in an amount that exceeds $30,000 in a calendar year or $120,000 in the aggregate.
added “(B) Adjustment for inflation—The Secretary shall, every 5 years for the life of a loan under the program, adjust the maximum amounts described in subparagraph (A) in accordance with any change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor that occurs since the previous adjustment.
added “(2) Use of loan proceeds—A student who receives a loan under the program may use the proceeds of the loan only for postsecondary expenses incurred at an institution designated by the Secretary under subsection (d)(4) for books, tuition, required fees, travel to and from training facilities, and room and board.
added “(h) Student eligibility
added “(1) In general—Subject to paragraph (2), to be eligible to receive a loan under the program, a student shall—
added “(A) be eligible to hold a license or merchant mariner document issued by the Coast Guard;
added “(B) provide to the Secretary such information as the Secretary may require, including all current Coast Guard documents, certifications, proof of United States citizenship or permanent legal status, and a statement of intent to enter a maritime career;
added “(C) meet the enrollment requirements of a maritime training institution designated by the Secretary under subsection (d)(4); and
added “(D) sign an agreement to—
added “(i) complete a course of instruction at such a maritime training institution; and
added “(ii) maintain a license or document and work under the authority of the license or document and any associated endorsements for at least 18 months following the date of graduation from the maritime program for which the loan proceeds will be used.
added “(2) Limitation—An undergraduate student at the United States Merchant Marine Academy shall not be eligible for a loan under the program.
added “(i) Administration of loans
added “(1) Contents of loan agreements—Any agreement between the Secretary and a student borrower for a loan under the program shall—
added “(A) be evidenced by a note or other written instrument that provides for the repayment of the principal amount of the loan and any origination fee, together with interest thereon, in equal installments (or, if the student borrower so requests, in graduated periodic installments determined in accordance with such schedules as may be approved by the Secretary) payable quarterly, bimonthly, or monthly, at the option of the student borrower, over a period beginning 9 months from the date on which the student borrower completes study or discontinues attendance at the maritime program for which the loans are used at the institution approved by the Secretary and not exceeding 10 years;
added “(B) include provision for acceleration of repayment of the whole, or any part, of such loan, at the option of the student borrower;
added “(C) provide the loan without security and without endorsement;
added “(D) provide that the liability to repay the loan shall be canceled upon the death of the student borrower, or if the student borrower becomes permanently and totally disabled, as determined in accordance with regulations to be issued by the Secretary;
added “(E) contain a notice of the system of disclosure of information concerning default on such loan to credit bureau organizations; and
added “(F) include provisions for deferral of repayment, as determined by the Secretary.
added “(2) Rate of interest—A student borrower who receives a loan under the program shall be obligated to repay the loan amount to the Secretary, together with interest beginning in the period referred to in paragraph (1)(A), at a rate of interest determined by the Secretary, in consultation with the Secretary of Education, in accordance with section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e).
added “(3) Disclosure required prior to disbursement
added “(A) In general—The Secretary shall at or prior to the time the Secretary makes a loan to a student borrower under the program, provide thorough and adequate loan information on such loan to the student borrower. The disclosures required by this paragraph may be made as part of the written application material provided to the student borrower, as part of the promissory note evidencing the loan, or on a separate written form provided to the student borrower.
added “(B) Contents—The disclosures shall include—
added “(i) the address to which communications and payments should be sent;
added “(ii) the principal amount of the loan;
added “(iii) the amount of any charges collected at or prior to the disbursal of the loan and whether such charges are to be deducted from the proceeds of the loan or paid separately by the student borrower;
added “(iv) the stated interest rate on the loan;
added “(v) the yearly and cumulative maximum amounts that may be borrowed;
added “(vi) an explanation of when repayment of the loan will be required and when the student borrower will be obligated to pay interest that accrues on the loan;
added “(vii) a statement as to the minimum and maximum repayment term that the Secretary may impose, and the minimum monthly payment required by law and a description of any penalty imposed as a consequence of default, such as liability for expenses reasonably incurred in attempts by the Secretary to collect on a loan;
added “(viii) a statement of the total cumulative balance, including the loan applied for, owed by the student borrower to the Secretary, and an estimate of the projected monthly payment, given such cumulative balance;
added “(ix) an explanation of any special options the student borrower may have for loan consolidation or other refinancing of the loan;
added “(x) a statement that the student borrower has the right to prepay all or part of the loan, at any time, without penalty;
added “(xi) a statement summarizing circumstances in which repayment of the loan or interest that accrues on the loan may be deferred, and a brief notice of the program for repayment of loans, on the basis of military service, pursuant to the Department of Defense educational loan repayment program (10 U.S.C. 16302);
added “(xii) a definition of default and the consequences to the student borrower if the student borrower defaults, together with a statement that the disbursement of, and the default on, a loan under this part shall be reported to a credit bureau or credit reporting agency;
added “(xiii) to the extent practicable, the effect of accepting the loan on the eligibility of the student borrower for other forms of student assistance; and
added “(xiv) an explanation of any cost the student borrower may incur in the making or collection of the loan.
added “(C) Information to be provided without cost—The information provided under this paragraph shall be available to the Secretary without cost to the student borrower.
added “(4) Repayment after default—The Secretary may require any student borrower who has defaulted on a loan made under the program to—
added “(A) pay all reasonable collection costs associated with such loan; and
added “(B) repay the loan pursuant to an income contingent repayment plan.
added “(5) Authorization to reduce rates and fees—Notwithstanding any other provision of this section, the Secretary may prescribe by regulation any reductions in the interest rate or origination fee paid by a student borrower of a loan made under the program as the Secretary determines appropriate to encourage ontime repayment of the loan. Such reductions may be offered only if the Secretary determines the reductions are cost neutral and in the best financial interest of the United States.
added “(6) Collection of repayments—The Secretary shall collect repayments made under the program and exercise due diligence in such collection, including maintenance of all necessary records to ensure that maximum repayments are made. Collection and servicing of repayments under the program shall be pursued to the full extent of the law, including wage garnishment if necessary. The Secretary of the Department in which the Coast Guard is operating shall provide the Secretary of Transportation with any information regarding a merchant mariner that may aid in the collection of repayments under this section.
added “(7) Repayment schedule—A student borrower who receives a loan under the program shall repay the loan quarterly, bimonthly, or monthly, at the option of the student borrower, over a period beginning 9 months from the date the student borrower completes study or discontinues attendance at the maritime program for which the loan proceeds are used and ending not more than 10 years after the date repayment begins. Provisions for deferral of repayment shall be determined by the Secretary.
added “(8) Contracts for servicing and collection of loans—The Secretary may—
added “(A) enter into a contract or other arrangement with State or nonprofit agencies and, on a competitive basis, with collection agencies for servicing and collection of loans under this section; and
added “(B) conduct litigation necessary to carry out this section.
added “(j) Revolving loan fund
added “(1) Establishment—The Secretary shall establish a revolving loan fund consisting of amounts deposited in the fund under paragraph (2).
added “(2) Deposits—The Secretary shall deposit in the fund—
added “(A) receipts from the payment of principal and interest on loans made under the program; and
added “(B) any other monies paid to the Secretary by or on behalf of individuals under the program.
added “(3) Availability of amounts—Subject to the availability of appropriations, amounts in the fund shall be available to the Secretary—
added “(A) to cover the administrative costs of the program, including the maintenance of records and making collections under this section; and
added “(B) to the extent that amounts remain available after paying such administrative costs, to make loans under the program.
added “(4) Maintenance of records—The Secretary shall maintain accurate records of the administrative costs referred to in paragraph (3)(A).
added “(k) Annual report—The Secretary, on an annual basis, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the program, including—
added “(1) the total amount of loans made under the program in the preceding year;
added “(2) the number of students receiving loans under the program in the preceding year; and
added “(3) the total amount of loans made under program that are in default as of the date of the report.
added “(l) Authorization of appropriations—There are authorized to be appropriated for each of fiscal years 2021 through 2026—
added “(1) $10,000,000 for making loans under the program; and
added “(2) $1,000,000 for administrative expenses of the Secretary in carrying out the program.
added “51708. Merchant mariner recruitment, training, and retention grant program
added “(a) Strategic plan
added “(1) In general—Not later than 1 year after the date of enactment of this section, and at least once every 3 years thereafter, the Secretary of Transportation, acting through the Administrator of the Maritime Administration, shall publish in the Federal Register a plan to recruit, train, and retain merchant mariners for the 5-year period following the date of publication of the most recently published plan under this paragraph.
added “(2) Contents—A plan published under paragraph (1) shall contain—
added “(A) a strategy to address merchant mariner recruitment, training, and retention issues in the United States; and
added “(B) demonstration and research priorities concerning merchant mariner recruitment, training, and retention.
added “(3) Factors—In developing a plan under paragraph (1), the Secretary shall take into account, at a minimum—
added “(A) the availability of existing research (as of the date of publication of the plan); and
added “(B) the need to ensure results that have broad applicability.
added “(4) Consultation—In developing a plan under paragraph (1), the Secretary shall consult with representatives of the maritime industry, labor organizations, including the Commander of the Transportation Command and the Commander of the Military Sealift Command, and other governmental entities and persons with an interest in the maritime industry.
added “(5) Transmittal to Congress—The Secretary shall transmit copies of a plan published under paragraph (1) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
added “(b) Demonstration and research projects
added “(1) In general—The Secretary may award grants to, or enter into contracts or cooperative agreements with, a maritime training institutions designated under section 51607(e) or a consortium such institutions, to carry out demonstration and research projects that implement the priorities identified in the plan prepared under subsection (a)(1), for the purpose of recruiting, training, or retaining United States merchant mariners.
added “(2) Competitive awards—Grants shall be awarded. and contracts and cooperative agreements shall be entered into, under this subsection on a competitive basis under guidelines and requirements to be established by the Secretary.
added “(3) Applications—To be eligible to receive a grant or enter into a contract or cooperative agreement under this section for a project under this subsection, a maritime training institution shall submit to the Secretary a proposal that includes, at a minimum—
added “(A) a description of the project; and
added “(B) a method for evaluating the effectiveness of the project.
added “(4) Eligible projects—Projects eligible for grants, contracts, and cooperative agreements under this subsection—
added “(A) shall carry out the demonstration and research priorities included in the plan published under subsection (a)(1); and
added “(B) may—
added “(i) provide training to upgrade the skills of United States merchant mariners, including training to acquire a Standards of Training, Certification and Watchkeeping endorsement under subchapter B of chapter I of title 46, Code of Federal Regulations;
added “(ii) promote the use of distance learning that enables students to take courses through the use of teleconferencing, the Internet, and other media technology;
added “(iii) assist in providing services to address merchant mariner recruitment and training of youth residing in targeted high poverty areas within empowerment zones and enterprise communities;
added “(iv) implement partnerships with national and regional organizations with special expertise in developing, organizing, and administering merchant mariner recruitment and training services;
added “(v) design, develop, and test an array of approaches to providing recruitment, training, or retention services, including to one or more targeted populations;
added “(vi) in conjunction with employers, organized labor, other groups (such as community coalitions), and Federal, State, or local agencies, design, develop, and test various training approaches in order to determine effective practices; or
added “(vii) assist in the development and replication of effective service delivery strategies for the national maritime industry as a whole.
added “51709. Authorization of appropriations
added “There are authorized to be appropriated for each of fiscal years 2021 through 2026—
added “(1) $10,000,000 for making grants and entering into cooperative agreements under sections 51707 and 51708; and
added “(2) $1,000,000 for administrative expenses of the Secretary in carrying out such sections.”
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Conforming amendment— The analysis for such chapter is amended by adding at the end the following:
Sec. 3508 Assistance for inland and small coastal ports and terminals
addedadded Section 50302 of title 46, United States Code, is amended—
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in subsection (c)—
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in paragraph (2)—
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by inserting “and subsection (d)” after “this subsection”; and
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by adding at the end the following:
added “(H) In the case of a small project funded under subsection (d), a private entity or group of entities.”
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in paragraph (6) by striking subparagraph (C);
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in paragraph (7)(B) by striking “paragraph (3)(A)” and inserting “subsection (d)”;
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in paragraph (8)(B)—
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in clause (i) by striking “under this subsection” and inserting “under this subsection and subsection (d)”; and
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in clause (ii) by inserting “under subsection (d) or” after “project”; and
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in paragraph (11) by—
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striking “under this subsection” and inserting “under this subsection and subsection (d)” each place such phrase appears; and
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striking “fiscal year.” and inserting “fiscal year, and shall be awarded as grants under the subsection for which the original grant was made.”;
added
by redesignating subsection (d) as subsection (e);
added
by inserting after subsection (c) the following:
added “(d) Assistance for inland and small coastal ports and terminals
added “(1) In general—Of amounts reserved under subsection (c)(7)(B), the Secretary, acting through the Administrator of the Maritime Administration, shall make grants under this subsection—
added “(A) to the owners or operators of a facility at a port, as such term is defined in subsection (c), to and from which the average annual tonnage of cargo for the immediately preceding 3 calendar years from the time an application is submitted is less than 8,000,000 short tons as determined using Corps of Engineers data; and
added “(B) for infrastructure improvements, equipment purchases, and capital investments at such a facility, including piers, wharves, docks, terminals, and similar structures used principally for the movement of goods, including areas of land, water, or areas in proximity to such structure that are necessary for the movement of goods.
added “(2) Awards—In providing assistance under this subsection, the Secretary shall—
added “(A) take into account—
added “(i) the economic advantage and the contribution to freight transportation at an eligible facility; and
added “(ii) the competitive disadvantage of an eligible facility;
added “(B) not make more than 1 award per applicant for each fiscal year appropriation; and
added “(C) promote the enhancement and efficiencies of an eligible facility.
added “(3) Use of funds
added “(A) In general—Assistance provided under this subsection may be used to—
added “(i) make capital improvements;
added “(ii) construct, improve, repair, or maintain transportation or physical infrastructure, buildings, equipment, or facility security;
added “(iii) perform planning activities related to carrying out an activity described in clause (i); and
added “(iv) otherwise fulfill the purposes for which such assistance is provided.
added “(B) Acquisition methods—The Secretary may not require as a condition of issuing a grant under this subsection—
added “(i) direct ownership of either a facility or equipment to be procured using funds awarded under this subsection; or
added “(ii) that equipment procured using such funds be new.
added “(4) Prohibited uses—Funds provided under this subsection may not be used for—
added “(A) projects conducted on property lying outside port or terminal boundaries and not owned or leased by the applicant;
added “(B) any single grant award more than 10 percent of total allocation of funds to carry out this subsection per fiscal year appropriation; or
added “(C) activities, including channel improvements or harbor deepening, authorized, as of the date of the application for assistance under this subsection, to be carried out by of the Corps of Engineers.
added “(5) Matching requirements
added “(A) In general—The Secretary may not provide assistance under this subsection unless the Secretary determines that sufficient funding is available to meet the matching requirements of subsection (c)(8). Any costs of the project to be paid by the recipient’s matching share may be incurred prior to the date on which assistance is provided.
added “(B) Inclusions—For the purpose of making the determination under subparagraph (A), funding may include a loan agreement, a commitment from investors, cash on balance sheet, or other contributions determined acceptable by the Secretary.
added “(6) Application and award
added “(A) Minimum standards for payment or reimbursement—Each application submitted shall include a comprehensive description of—
added “(i) the project;
added “(ii) the need for the project;
added “(iii) the methodology for implementing the project; and
added “(iv) documentation of matching funds as described in paragraph (5).
added “(B) Demonstration of effectiveness—In determining whether a project will achieve the purposes for which such assistance is requested under this subsection, the Secretary shall accept documentation used to obtain a commitment of the matching funds described in paragraph (5), including feasibility studies, business plans, investor prospectuses, loan applications, or similar documentation.
added “(C) Project approval required—The Secretary may not award a grant under this subsection unless the Secretary determines that the—
added “(i) project will be completed without unreasonable delay; and
added “(ii) recipient has authority to carry out the proposed project.
added “(7) Procedural safeguards, audits, and examinations
added “(A) Procedural safeguards—The Administrator shall issue guidelines to establish appropriate accounting, reporting, and review procedures to ensure that—
added “(i) assistance provided under this subsection is used for the purposes for which such assistance made available; and
added “(ii) grantees have properly accounted for all expenditures of grant funds.
added “(B) Audits and examinations—All grantees under this subsection shall maintain such records as the Administrator may require and make such records available for review and audit by the Administrator.
added “(8) Limitation—Not more than 10 percent of the funds made available under subsection (c)(7)(B) may be used to the planning and design of eligible projects described in paragraph (3)(A)(iii).
added “(9) Definition of project—In this subsection, the term “project” has the meaning given such term in subsection (c).”
Sec. 3509 National Shipper Advisory Committee
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In general— Part B of subtitle IV of title 46, United States Code, is amended by adding at the end the following:
added “425 National Shipper Advisory Committee
added “42501. Definitions
added “In this chapter:
added “(1) Commission—The term “Commission” means the Federal Maritime Commission.
added “(2) Committee—The term “Committee” means the National Shipper Advisory Committee established by section 42502.
added “42502. National Shipper Advisory Committee
added “(a) Establishment—There is established a National Shipper Advisory Committee.
added “(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.
added “(c) Membership
added “(1) In general—The Committee shall consist of 24 members appointed by the Commission in accordance with this section.
added “(2) Expertise—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
added “(3) Representation—Members of the Committee shall be appointed as follows:
added “(A) Twelve members shall represent entities who import cargo to the United States using ocean common carriers.
added “(B) Twelve members shall represent entities who export cargo from the United States using ocean common carriers.
added “42503. Administration
added “(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.
added “(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:
added “(1) Chapter 81 of title 5.
added “(2) Chapter 171 of title 28 and any other Federal law relating to tort liability.
added “(c) Acceptance of volunteer services—Notwithstanding any other provision of law, a member of the Committee may serve on such committee on a voluntary basis without pay.
added “(d) Status of members
added “(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—
added “(A) the member is authorized to represent the interests of the applicable entity or group; and
added “(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.
added “(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.
added “(e) Service on Committee
added “(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.
added “(2) Appointments
added “(A) In general—After considering nominations received pursuant to a notice published under paragraph (1), the Commission may appoint a member to the Committee.
added “(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.
added “(3) Service at pleasure of the Commission—Each member of the Committee shall serve at the pleasure of the Commission.
added “(4) Security background examinations—The Commission may require an individual to have passed an appropriate security background examination before appointment to the Committee.
added “(5) Prohibition—A Federal employee may not be appointed as a member of the Committee.
added “(6) Terms
added “(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.
added “(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.
added “(7) Vacancies—A vacancy on the Committee shall be filled in the same manner as the original appointment.
added “(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.
added “(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.
added “(g) Chair; Vice Chair
added “(1) In general—The Committee shall elect a Chair and Vice Chair from among the committee’s members.
added “(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.
added “(h) Subcommittees and working groups
added “(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.
added “(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).
added “(i) Consultation, advice, reports, and recommendations
added “(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.
added “(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.
added “(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—
added “(A) publish the recommendations on a public website; and
added “(B) respond, in writing, to the Committee regarding the recommendations, including by providing an explanation of actions taken regarding the recommendations.
added “(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).
added “(j) Observers—The Commission may designate a representative to—
added “(1) attend any meeting of the Committee; and
added “(2) participate as an observer at such meeting.
added “(k) Termination—The Committee shall terminate on September 30, 2029.”
added
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:
Sec. 3510 Sea year cadets on cable security fleet and tanker security fleet vessels
addedadded Section 51307 of title 46, United States Code, is amended by striking subsection (b) and inserting the following:
added “(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.”
Sec. 3510A Superintendent of the United States Merchant Marine Academy
addedadded Section 51301(c) of title 46, United States Code, is amended—
added
by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively;
added
by inserting before paragraph (2), as so redesignated, the following:
added “(1) 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 Academy be a graduate of the Academy in good standing and have attained an unlimited merchant marine officer's license.”
added
in paragraph (3), as so redesignated—
added
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
added
in subparagraphs (B)(i)(I) and (C)(i), by inserting “merchant marine,” before “Navy,”.
Sec. 3510B Maritime academy information
addedadded Not later than 1 year after the date of enactment of this title, the Maritime Administrator shall make available on a public website data, as available, on the following:
added
The number of graduates from the United States Merchant Marine Academy and each State Maritime Academy for the previous 5 years.
added
The number of graduates from the United States Merchant Marine Academy and each State Maritime Academy for the previous 5 years who have become employed in, or whose status qualifies under, each of the following categories:
added
Maritime Afloat.
added
Maritime Ashore.
added
Armed Forces of the United States.
added
Non-maritime.
added
Graduate studies.
added
Unknown.
added
The number of students at each State Maritime Academy class receiving or who have received for the previous 5 years funds under the student incentive payment program under section 51509 of title 46, United States Code.
added
The number of students described under paragraph (3) who used partial student incentive payments who graduated without an obligation under the program.
added
The number of students described under paragraph (3) who graduated with an obligation under the program.
Sec. 3510C Mariner licensing and credentialing
added
added
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 that title.
added
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.
added
Restrictions— The vessel referred to in subsection (a) is subject to the following restrictions:
added
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).
added
The Secretary may issue a restricted credential as appropriate for a licensed individual employed to serve on such vessel under prescribed regulations.
Sec. 3510D National Shipper Advisory Committee
added
added
In general— Part B of subtitle IV of title 46, United States Code, is amended by adding at the end the following:
added “425 National Shipper Advisory Committee
added “42501. Definitions
added “In this chapter:
added “(1) Commission—The term “Commission” means the Federal Maritime Commission.
added “(2) Committee—The term “Committee” means the National Shipper Advisory Committee established by section 42502.
added “42502. National Shipper Advisory Committee
added “(a) Establishment—There is established a National Shipper Advisory Committee.
added “(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.
added “(c) Membership
added “(1) In general—The Committee shall consist of 24 members appointed by the Commission in accordance with this section.
added “(2) Expertise—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
added “(3) Representation—Members of the Committee shall be appointed as follows:
added “(A) Twelve members shall represent entities who import cargo to the United States using ocean common carriers.
added “(B) Twelve members shall represent entities who export cargo from the United States using ocean common carriers.
added “42503. Administration
added “(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.
added “(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:
added “(1) Chapter 81 of title 5.
added “(2) Chapter 171 of title 28 and any other Federal law relating to tort liability.
added “(c) Acceptance of volunteer services—Notwithstanding any other provision of law, a member of the Committee may serve on such committee on a voluntary basis without pay.
added “(d) Status of members
added “(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—
added “(A) the member is authorized to represent the interests of the applicable entity or group; and
added “(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.
added “(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.
added “(e) Service on Committee
added “(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.
added “(2) Appointments
added “(A) In general—After considering nominations received pursuant to a notice published under paragraph (1), the Commission may appoint a member to the Committee.
added “(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.
added “(3) Service at pleasure of the Commission—Each member of the Committee shall serve at the pleasure of the Commission.
added “(4) Security background examinations—The Commission may require an individual to have passed an appropriate security background examination before appointment to the Committee.
added “(5) Prohibition—A Federal employee may not be appointed as a member of the Committee.
added “(6) Terms
added “(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.
added “(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.
added “(7) Vacancies—A vacancy on the Committee shall be filled in the same manner as the original appointment.
added “(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.
added “(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.
added “(g) Chair; Vice Chair
added “(1) In general—The Committee shall elect a Chair and Vice Chair from among the committee’s members.
added “(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.
added “(h) Subcommittees and working groups
added “(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.
added “(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).
added “(i) Consultation, advice, reports, and recommendations
added “(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.
added “(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.
added “(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—
added “(A) publish the recommendations on a public website; and
added “(B) respond, in writing, to the Committee regarding the recommendations, including by providing an explanation of actions taken regarding the recommendations.
added “(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).
added “(j) Observers—The Commission may designate a representative to—
added “(1) attend any meeting of the Committee; and
added “(2) participate as an observer at such meeting.
added “(k) Termination—The Committee shall terminate on September 30, 2029.”
added
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:
Sec. 3511 Tanker Security Fleet
In general— Part C of subtitle V of title 46, United States Code, is amended by inserting after chapter 531 the following new chapter:
“532 Tanker Security Fleet
“53201. Definitions
“In this chapter:
“(1) Foreign commerce—The term “foreign commerce” means—
“(A) commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and
“(B) commerce or trade between foreign countries including trade between foreign ports in accordance with normal commercial bulk shipping practices in such a manner as will permit vessels of the United States freely to compete with foreign-flag liquid bulk carrying vessels in their operation or in competing charters, subject to rules and regulations promulgated by the Secretary of Transportation pursuant to this chapter or subtitle.
“(2) Participating Fleet vessel—The term “participating Fleet vessel” means any tank vessel covered by an operating agreement under this chapter on or after January 1, 2021.
“(3) Person—The term “person” includes corporations, partnerships, and associations existing under, or authorized by, laws of the United States, or any State, territory, district, or possession thereof, or any foreign country.
“(4) Tank vessel—The term “tank vessel” has the meaning that term has under section 2101.
“(5) United states citizen trust—The term “United States citizen trust”—
“(A) means a trust for which—
“(i) each of the trustees is a citizen of the United States; and
“(ii) the application for documentation of the vessel under chapter 121 includes an affidavit of each trustee stating that the trustee is not aware of any reason involving a beneficiary of the trust that is not a citizen of the United States, or involving any other person who is not a citizen of the United States, as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influence or limit the exercise of the authority of the trustee with respect to matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States;
“(B) does not include a trust for which any person that is not a citizen of the United States has authority to direct, or participate in directing, a trustee for a trust in matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States or in removing a trustee without cause, either directly or indirectly through the control of another person, unless the trust instrument provides that persons who are not citizens of the United States may not hold more than 25 percent of the aggregate authority to so direct or remove a trustee; and
“(C) may include a trust for which a person who is not a citizen of the United States holds more than 25 percent of the beneficial interest in the trust.
“53202. Establishment of the Tanker Security Fleet
“(a) In general—The Secretary of Transportation, in consultation with the Secretary of Defense, shall establish a fleet of active, commercially viable, militarily useful, privately owned product tankers to meet national defense and other security requirements and maintain a United States presence in international commercial shipping. The fleet shall consist of privately owned vessels of the United States for which there are in effect operating agreements under this chapter, and shall be known as the “Tanker Security Fleet” (hereinafter in this chapter referred to as the “Fleet”).
“(b) Vessel Eligibility—A vessel is eligible to be included in the Fleet if the vessel—
“(1) meets the requirements under paragraph (1), (2), (3), or (4) of subsection (c);
“(2) is operated (or in the case of a vessel to be constructed, will be operated) in providing transportation in United States foreign commerce;
“(3) is self-propelled;
changed
“(4) is not more than ten 10 years of age on the date the vessel is first included in the Fleet and not more than 25 years of age at any time during which the vessel is included in the Fleet;
changed
“(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; andemergency;
“(6) is commercially viable, as determined by the Secretary of Transportation; and
“(7) is—
“(A) a vessel of the United States; or
“(B) not a vessel of the United States, but—
“(i) the owner of the vessel has demonstrated an intent to have the vessel documented under chapter 121 if it is included in the Fleet; and
“(ii) at the time an operating agreement is entered into under this chapter, the vessel is eligible for documentation under chapter 121.
“(c) Requirements regarding citizenship of owners, charterers, and operators
“(1) Vessels owned and operated by section 50501 citizens—A vessel meets the requirements of this paragraph if, during the period of an operating agreement under this chapter that applies to the vessel, the vessel will be owned and operated by one or more persons that are citizens of the United States under section 50501.
“(2) Vessels owned by a section 50501 citizen, or United States citizen trust, and chartered to a documentation citizen—A vessel meets the requirements of this paragraph if—
“(A) during the period of an operating agreement under this chapter that applies to the vessel, the vessel will be—
“(i) owned by a person that is a citizen of the United States under section 50501 or that is a United States citizen trust; and
“(ii) demise chartered to a person—
“(I) that is eligible to document the vessel under chapter 121;
“(II) the chairman of the board of directors, chief executive officer, and a majority of the members of the board of directors of which are citizens of the United States under section 50501, and are appointed and subjected to removal only upon approval by the Secretary; and
“(III) that certifies to the Secretary that there are no treaties, statutes, regulations, or other laws that would prohibit the owner or operator for the vessel from performing its obligations under an operating agreement under this chapter;
“(B) in the case of a vessel that will be demise chartered to a person that is owned or controlled by another person that is not a citizen of the United States under section 50501, the other person enters into an agreement with the Secretary not to influence the operation of the vessel in a manner that will adversely affect the interests of the United States; and
“(C) the Secretary of Transportation and the Secretary of Defense notify the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives that the Secretaries concur with the certification required under subparagraph (A)(ii)(III), and have reviewed and agree that there are no legal, operational, or other impediments that would prohibit the owner or operator for the vessel from performing its obligations under an operating agreement under this chapter.
“(3) Vessels owned and operated by a defense owner or operator—A vessel meets the requirements of this paragraph if—
“(A) during the period of an operating agreement under this chapter that applies to the vessel, the vessel will be owned and operated by a person that—
“(i) is eligible to document a vessel under chapter 121;
“(ii) operates or manages other vessels of the United States for the Secretary of Defense, or charters other vessels to the Secretary of Defense;
“(iii) has entered into a special security agreement for the purpose of this paragraph with the Secretary of Defense;
“(iv) makes the certification described in paragraph (2)(A)(ii)(III); and
“(v) in the case of a vessel described in paragraph (2)(B), enters into an agreement referred to in that subparagraph; and
“(B) the Secretary of Transportation and the Secretary of Defense notify the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives that they concur with the certification required under subparagraph (A)(iv), and have reviewed and agree that there are no legal, operational, or other impediments that would prohibit the owner or operator for the vessel from performing its obligations under an operating agreement under this chapter.
“(4) Vessels owned by documentation citizens and chartered to section 50501 citizens—A vessel meets the requirements of this paragraph if, during the period of an operating agreement under this chapter, the vessel will be—
“(A) owned by a person who is eligible to document a vessel under chapter 121; and
“(B) demise chartered to a person that is a citizen of the United States under section 50501.
“(d) Request by secretary of defense—The Secretary of Defense shall request that the Commandant of the Coast Guard issue any waiver under section 501 that the Secretary of Defense determines is necessary for purposes of this chapter.
“(e) Vessel standards
“(1) Certificate of Inspection—A vessel used to provide oceangoing transportation that the Commandant of the Coast Guard determines meets the criteria of subsection (b) but which, on the date of enactment of this section, is not documented under chapter 121, shall be eligible for a certificate of inspection if the Commandant of the Coast Guard determines that—
“(A) the vessel is classed by and designed in accordance with the rules of the American Bureau of Shipping, or another classification society accepted by the Commandant of the Coast Guard;
“(B) the vessel complies with applicable international agreements and associated guidelines, as determined by the country in which the vessel was documented immediately before becoming documented under chapter 121; and
“(C) the country has not been identified by the Commandant of the Coast Guard as inadequately enforcing international vessel regulations as to that vessel.
“(2) Reliance on classification society
“(A) In general—The Commandant of the Coast Guard may rely on a certification from the American Bureau of Shipping or, subject to subparagraph (B), another classification society accepted by the Commandant of the Coast Guard, to establish that a vessel is in compliance with the requirements of paragraph (1).
“(B) Foreign classification society—The Secretary may accept certification from a foreign classification society under subparagraph (A) only—
“(i) to the extent that the government of the foreign country in which the society is headquartered provides access on a reciprocal basis to the American Bureau of Shipping; and
“(ii) if the foreign classification society has offices and maintains records in the United States.
“53203. Vessel standards
“(a) Certificate of inspection—A vessel used to provide transportation service as a common carrier that the Secretary of Transportation determines meets the criteria of section 53102(b), which on the date of enactment of this section is not a documented vessel, shall be eligible for a certificate of inspection if the Secretary determines that—
“(1) the vessel is classed by and designed in accordance with the rules of the American Bureau of Shipping or another classification society accepted by the Secretary;
“(2) the vessel complies with applicable international agreements and associated guidelines, as determined by the country in which the vessel was documented immediately before becoming a documented vessel (as defined in that section); and
“(3) that country has not been identified by the Secretary as inadequately enforcing international vessel regulations as to that vessel.
“(b) Continued Eligibility for Certificate—Subsection (a) does not apply to any vessel that has failed to comply with the applicable international agreements and association guidelines referred to in subsection (a)(2).
“(c) Reliance on Classification Society
“(1) In general—The Secretary may rely on a certification from the American Bureau of Shipping or, subject to paragraph (2), another classification society accepted by the Secretary, to establish that a vessel is in compliance with the requirements of subsections (a) and (b).
“(2) Foreign classification society—The Secretary may accept certification from a foreign classification society under paragraph (1) only—
“(A) to the extent that the government of the foreign country in which the society is headquartered provides access on a reciprocal basis to the American Bureau of Shipping; and
“(B) if the foreign classification society has offices and maintains records in the United States.
“53204. Award of operating agreements
“(a) In general—The Secretary of Transportation shall require, as a condition of including any vessel in the Fleet, that the owner or operator of the vessel enter into an operating agreement with the Secretary under this section.
“(b) Procedure for applications
“(1) Participating Fleet vessels
“(A) In General—The Secretary of Transportation shall accept an application for an operating agreement for a participating Fleet vessel under the priority under paragraph (2) only from a person that has authority to enter into an operating agreement under this chapter.
“(B) Vessel under demise charter—For purposes of subparagraph (A), in the case of a vessel that is subject to a demise charter that terminates by its own terms on September 30, 2035 (without giving effect to any extension provided therein for completion of a voyage or to effect the actual redelivery of the vessel), or that is terminable at the will of the owner of the vessel after such date, only the owner of the vessel shall be treated as having the authority referred to in subparagraph (A).
“(C) Vessel owned by a united states citizen trust—For purposes of subparagraph (B), in the case of a vessel owned by a United States citizen trust, the term “owner of the vessel” includes the beneficial owner of the vessel with respect to such trust.
“(2) Discretion within priority—The Secretary of Transportation—
“(A) may award operating agreements under paragraph (1) according to such priorities as the Secretary considers appropriate; and
“(B) shall award operating agreements within any such priority—
“(i) in accordance with operational requirements specified by the Secretary of Defense;
“(ii) in the case of operating agreements awarded under subparagraph (B) of paragraph (1), according to applicants’ records of owning and operating vessels; and
“(iii) subject to approval of the Secretary of Defense.
“(c) Limitation—For any fiscal year, the Secretary may not award operating agreements under this chapter that require payments under section 53207 for more than 10 vessels.
“53205. Effectiveness of operating agreements
changed
“(a) In general—Subject to the availability of appropriations for such purpose, the Secretary of Transportation may enter into an operating agreement under this chapter for fiscal year 2021 and any subsequent fiscal year. Each such agreement may be renewed annually for up to seven 7 years.
“(b) Vessels under charter to the United States—The owner or operator of a vessel under charter to the United States is eligible to receive payments pursuant to any operating agreement that covers such vessel.
“(c) Termination
“(1) Termination by Secretary for lack of owner or operator compliance—If the owner or operator with respect to an operating agreement materially fails to comply with the terms of the agreement—
“(A) the Secretary shall notify the owner or operator and provide a reasonable opportunity to comply with the operating agreement; and
“(B) the Secretary shall terminate the operating agreement if the owner or operator fails to achieve such compliance.
“(2) Termination by owner or operator
“(A) In general—If an owner or operator provides notice of the intent to terminate an operating agreement under this chapter by not later than 60 days prior to the date specified by the owner or operator for such termination, such agreement shall terminate on the date specified by the owner or operator.
“(B) Replacement—An operating agreement with respect to a vessel shall terminate on the date that is three years after the date on which the vessel begins operating under the agreement, if—
changed
“(i) the owner or operator notifies the Secretary, by not later than two 2 years after the date the vessel begins operating under the agreement, that the owner or operator intends to terminate the agreement under this subparagraph; and
“(ii) the Secretary of Transportation, in coordination with the Secretary of Defense, determines that—
“(I) an application for an operating agreement under this chapter has been received for a replacement vessel that is acceptable to the Secretaries; and
“(II) during the period of an operating agreement under this chapter that applies to the replacement vessel, the replacement vessel will be—
“(aa) owned and operated by one or more persons that are citizens of the United States under section 50501; or
“(bb) owned by a person who is eligible to document the vessel under chapter 121, and operated by a person that is a citizen of the United States under section 50501.
“(d) Nonrenewal for lack of funds
“(1) In general—If sufficient funds are not made available to carry out an operating agreement under this chapter—
“(A) the Secretary of Transportation shall submit to the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives notice that such agreement shall be not renewed effective on the 60th day of the fiscal year, unless such funds are made available before such day; and
“(B) effective on the 60th day of such fiscal year, terminate such agreement and provide notice of such termination to the owner or operator of the vessel covered by the agreement.
“(2) Release of vessels from obligations—If an operating agreement for a vessel under this chapter is not renewed pursuant to paragraph (1), then the owner or operator of the vessel is released from any further obligation under the operating agreement as of the date of such termination or nonrenewal.
“(3) Foreign transfer and registration—The owner or operator of a vessel covered by an operating agreement under this chapter may transfer and register such vessel under a foreign registry that is acceptable to the Secretary and the Secretary of Defense, notwithstanding section 53201.
“(4) Requisition—If chapter 563 is applicable to a vessel after registration, then the vessel is available to be requisitioned by the Secretary pursuant to chapter 563.
“53206. Obligations and rights under operating agreements
“(a) Operation of Vessel—An operating agreement under this chapter shall require that, during the period the vessel covered by the agreement is operating under the agreement the vessel shall—
“(1) be operated in the United States foreign commerce, mixed United States foreign commerce and domestic trade allowed under a registry endorsement issued under section 12111, in foreign-to-foreign commerce, or under a charter to the United States;
“(2) not be operated in the coastwise trade except as described in paragraph (1); and
“(3) be documented under chapter 121.
“(b) Operating agreement is an obligation of the United States Government—An operating agreement under this chapter constitutes a contractual obligation of the United States Government to pay the amounts provided for in the agreement to the extent of actual appropriations.
“(c) Obligations of owner or operator
“(1) In general—The owner or operator of a vessel covered by an operating agreement under this chapter shall agree, as a condition of such agreement, to remain obligated to carry out the requirements described in paragraph (2) until the termination date specified in the agreement, even in the case of early termination of the agreement under section 53205(c). This subsection shall not apply in the case of an operating agreement terminated for lack of funds under section 53205(d).
“(2) Requirements—The requirements described in this paragraph are the following:
“(A) To continue the documentation of the vessel under chapter 121.
“(B) To be bound by the requirements of section 53208.
“(C) That all terms and conditions of an emergency preparedness agreement entered into under section 53208 shall remain in effect, except that the terms of such emergency preparedness agreement may be modified by the mutual consent of the owner or operator, the Secretary and the Secretary of Defense as provided in such section.
“(d) Transfer of operating agreements—The owner or operator of a vessel covered by an operating agreement under this chapter may transfer that agreement (including all rights and obligations under the agreement) to any person that is eligible to enter into that operating agreement under this chapter, if the transfer is approved by the Secretary of Transportation and the Secretary of Defense.
“(e) Replacement of vessels covered by agreements—An owner or operator of a vessel covered by an operating agreement under this chapter may replace the vessel with another vessel that is eligible to be included in the Fleet under section 53202(b), if the Secretary of Transportation, in coordination with the Secretary of Defense, approves the replacement of the vessel. In selecting a replacement vessel, the owner or operator shall give primary consideration to—
“(1) the commercial viability of the vessel;
“(2) the utility of the vessel with respect to the operating requirements of the owner or operator; and
“(3) ensuring that the commercial and military utility of any replacement vessel is not less than that of the initial vessel.
“53207. Payments
“(a) Annual payment—Subject to the availability of appropriations for such purpose and the other provisions of this chapter, the Secretary shall pay to the owner or operator of a vessel covered by an operating agreement under this chapter an amount equal to $6,000,000 for each vessel covered by the agreement for each fiscal year that the vessel is covered by the agreement. Such amount shall be paid in equal monthly installments on the last day of each month. The amount payable under this subsection may not be reduced except as provided by this section.
“(b) Certification required for payment—As a condition of receiving payment under this section for a fiscal year for a vessel, the owner or operator of the vessel shall certify, in accordance with regulations issued by the Secretary, that the vessel has been and will be operated in accordance with section 53206 for at least 320 days during the fiscal year. Days during which the vessel is drydocked, surveyed, inspected, or repaired shall be considered days of operation for purposes of this subsection.
“(c) General limitations—The Secretary may not make any payment under this chapter for a vessel with respect to any days for which the vessel is—
“(1) not operated or maintained in accordance with an operating agreement under this chapter; or
“(2) more than 25 years of age.
“(d) Reductions in payments—With respect to payments under this chapter for a vessel covered by an operating agreement, the Secretary—
“(1) except as provided in paragraph (2), may not reduce such a payment for the operation of the vessel to carry military or other preference cargoes under section 55302(a), 55304, 55305, or 55314, section 2631 of title 10, or any other cargo preference law of the United States;
“(2) may not make such a payment for any day that the vessel is engaged in transporting more than 7,500 tons of civilian bulk preference cargoes pursuant to section 55302(a), 55305, or 55314, that is bulk cargo; and
“(3) shall make a pro rata reduction for each day less than 320 in a fiscal year that the vessel is not operated in accordance with section 53206.
“(e) Limitations regarding noncontiguous domestic trade
“(1) In general—No owner or operator shall receive payments pursuant to this chapter during a period in which it participates in noncontiguous domestic trade.
“(2) Limitation on application—Paragraph (1) shall not apply to a owner or operator that is a citizen of the United States within the meaning of section 50501, applying the 75 percent ownership requirement of that section.
“(3) Participates in a noncontiguous trade defined—In this subsection the term “participates in a noncontiguous domestic trade” means directly or indirectly owns, charters, or operates a vessel engaged in transportation of cargo between a point in the contiguous 48 States and a point in Alaska, Hawaii, or Puerto Rico, other than a point in Alaska north of the Arctic Circle.
“53208. National security requirements
“(a) Emergency preparedness agreement required—The Secretary of Transportation, in coordination with the Secretary of Defense, shall establish an emergency preparedness program under this section under which the owner or operator of a vessel covered by an operating agreement under this chapter shall agree, as a condition of the operating agreement, to enter into an emergency preparedness agreement with the Secretaries. Each such emergency preparedness agreement shall be entered into as promptly as practicable after the owner or operator has entered into the operating agreement.
“(b) Terms of agreement—The terms of an agreement under this section—
“(1) shall provide that upon request by the Secretary of Defense during time of war or national emergency, or whenever determined by the Secretary of Defense to be necessary for national security or contingency operation (as that term is defined in section 101 of title 10), the owner or operator shall make available commercial transportation resources (including services) described in subsection (d) to the Secretary of Defense;
“(2) shall include such additional terms as may be established by the Secretary of Transportation and the Secretary of Defense; and
“(3) shall allow for the modification or addition of terms upon agreement by the Secretary of Transportation and the owner or operator and the approval by the Secretary of Defense.
“(c) Participation after expiration of operating agreement—Except as provided by section 53206, the Secretary may not require, through an emergency preparedness agreement or an operating agreement, that an owner or operator of a vessel covered by an operating agreement continue to participate in an emergency preparedness agreement after the operating agreement has expired according to its terms or is otherwise no longer in effect. After the expiration of an emergency preparedness agreement, a owner or operator may voluntarily continue to participate in the agreement.
“(d) Resources made available—The commercial transportation resources to be made available under an emergency preparedness agreement shall include vessels or capacity in vessels, terminal facilities, management services, and other related services, or any agreed portion of such nonvessel resources for activation as the Secretary of Defense may determine to be necessary, seeking to minimize disruption of the owner or operator’s service to commercial customers.
“(e) Compensation
“(1) In general—Each emergency preparedness agreement under this section shall provide that the Secretary of Defense shall pay fair and reasonable compensation for all commercial transportation resources provided pursuant to this section.
“(2) Specific requirements—Compensation under this subsection—
“(A) shall not be less than the owner or operator’s commercial market charges for like transportation resources;
“(B) shall be fair and reasonable considering all circumstances;
“(C) shall be provided from the time that a vessel or resource is required by the Secretary of Defense until the time it is redelivered to the owner or operator and is available to reenter commercial service; and
“(D) shall be in addition to and shall not in any way reflect amounts payable under section 53207.
“(f) Temporary replacement vessels—Notwithstanding section 55302(a), 55304, 55305, or 55314, section 2631 of title 10, or any other cargo preference law of the United States—
“(1) an owner or operator may operate or employ in foreign commerce a foreign-flag vessel or foreign-flag vessel capacity as a temporary replacement for a vessel of the United States or vessel of the United States capacity that is activated by the Secretary of Defense under an emergency preparedness agreement or a primary Department of Defense sealift readiness program; and
“(2) such replacement vessel or vessel capacity shall be eligible during the replacement period to transport preference cargoes subject to sections 55302(a), 55304, 55305, and 55314 and section 2631 of title 10 to the same extent as the eligibility of the vessel or vessel capacity replaced.
“(g) Redelivery and Liability of the United States for Damages
“(1) In general—All commercial transportation resources activated under an emergency preparedness agreement shall, upon termination of the period of activation, be redelivered to the owner or operator in the same good order and condition as when received, less ordinary wear and tear, or the Secretary of Defense shall fully compensate the owner or operator for any necessary repair or replacement.
“(2) Limitation on United States liability—Except as may be expressly agreed in an emergency preparedness agreement, or as otherwise provided by law, the Government shall not be liable for disruption of an owner or operator’s commercial business or other consequential damages to an owner or operator arising from the activation of commercial transportation resources under an emergency preparedness agreement.
“53209. Regulatory relief
“(a) Operation in foreign commerce—An owner or operator for a vessel included in an operating agreement under this chapter may operate the vessel in the foreign commerce of the United States without restriction.
“(b) Other restrictions—The restrictions of section 55305(a) concerning the building, rebuilding, or documentation of a vessel in a foreign country shall not apply to a vessel for any day the operator of the vessel is receiving payments for the operation of that vessel under an operating agreement under this chapter.
“(c) Telecommunications equipment—The telecommunications and other electronic equipment on an existing vessel that is redocumented under the laws of the United States for operation under an operating agreement under this chapter shall be deemed to satisfy all Federal Communications Commission equipment certification requirements, if—
“(1) such equipment complies with all applicable international agreements and associated guidelines as determined by the country in which the vessel was documented immediately before becoming documented under the laws of the United States;
“(2) that country has not been identified by the Secretary as inadequately enforcing international regulations as to that vessel; and
“(3) at the end of its useful life, such equipment shall be replaced with equipment that meets Federal Communications Commission equipment certification standards.
“53210. Special rule regarding age of participating Fleet vessels
“Any age restriction under section 53202(b)(4) shall not apply to a participating Fleet vessel during the 30-month period beginning on the date the vessel begins operating under an operating agreement under this chapter, if the Secretary of Transportation determines that the owner or operator of the vessel has entered into an arrangement to obtain and operate under the operating agreement for the participating Fleet vessel a replacement vessel that, upon commencement of such operation, will be eligible to be included in the Fleet under section 53202(b).
“53211. Regulations
“The Secretary of Transportation and the Secretary of Defense may each prescribe rules as necessary to carry out their respective responsibilities under this chapter.
“53212. Authorization of appropriations
“There is authorized to be appropriated for payments under section 53207, $60,000,000 for each of fiscal years 2021 through 2035, to remain available until expended.
“53213. Acquisition of Fleet vessels
“(a) In general—Upon replacement of a Fleet vessel under an operating agreement under this chapter, and subject to agreement by the owner or operator of the vessel, the Secretary of Transportation may, subject to the concurrence of the Secretary of Defense, acquire the vessel being replaced for inclusion in the National Defense Reserve Fleet.
“(b) Requirements—To be eligible for acquisition by the Secretary of Transportation under this section a vessel shall—
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“(1) have been covered by an operating agreement under this chapter for not less than three 3 years; and
“(2) meet recapitalization requirements for the Ready Reserve Force.
“(c) Fair market value—A fair market value shall be established by the Maritime Administration for acquisition of an eligible vessel under this section.
“(d) Appropriations—Vessel acquisitions under this section shall be subject to the availability of appropriations. Amounts made available to carry out this section shall be derived from amounts authorized to be appropriated for the National Defense Reserve Fleet. Amounts authorized to be appropriated to carry out the Maritime Security Program may not be use to carry out this section.”
Clerical amendment— The table of chapters for subtitle VII of title 46, United States Code, is amended by adding at the end the following:
Deadline for accepting applications—
In general— The Secretary of Transportation shall begin accepting applications for enrollment of vessels in the Tanker Security Fleet established under chapter 532 of title 46, United States Code, as added by subsection (a), by not later than 30 days after the date of the enactment of this Act.
Approval— Not later than 90 days after receipt of an application for the enrollment of a vessel in the Tanker Security Fleet, the Secretary, in coordination with the Secretary of Defense, shall—
approve the application and enter into an operating agreement with the applicant; or
provide to the applicant a written explanation for the denial of the application.
Sec. 3601 Public service announcement campaign to address farm and ranch mental health
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added
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.
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Requirements— The public service announcement campaign under subsection (a) shall include television, radio, print, outdoor, and digital public service announcements.
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Contractor—
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In general— The Secretary of Agriculture may enter into a contract or other agreement with a third party to carry out the public service announcement campaign under subsection (a).
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Requirement— In awarding a contract under paragraph (1), the Secretary shall use a competitive bidding process.
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Authorization of appropriations— There is authorized to be appropriated to the Secretary of Agriculture to carry out this section $3,000,000, to remain available until expended.
Sec. 3602 Employee training program to manage farmer and rancher stress
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In general— Not later than 180 days after the date of enactment of this section, the Secretary of Agriculture shall expand the pilot program carried out by the Secretary in fiscal year 2019 that trained employees of the Farm Service Agency in the management of stress experienced by farmers and ranchers, to train employees of the Farm Service Agency, the Risk Management Agency, and the Natural Resources Conservation Service in the management of stress experienced by farmers and ranchers, including the detection of stress and suicide prevention.
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Report— Not less frequently than once every 2 years, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the implementation of this section.
Sec. 3603 Task force for assessment of causes of mental stress and best practices for response
added
added
In general— The Secretary of Agriculture shall convene a task force of agricultural and rural stakeholders at the national, State, and local levels—
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to assess the causes of mental stress in farmers and ranchers; and
added
to identify best practices for responding to that mental stress.
added
Submission of report— Not later than 1 year after the date of enactment of this Act, the task force convened under subsection (a) shall submit to the Secretary of Agriculture a report containing the assessment and best practices under paragraphs (1) and (2), respectively, of subsection (a).
added
Collaboration— In carrying out this section, the task force convened under subsection (a) shall collaborate with nongovernmental organizations and State and local agencies.
Sec. 4001 Authorization of amounts in funding tables
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.
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Merit-based 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—
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
comply with other applicable provisions of law.
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.
Applicability to classified annex— This section applies to any classified annex that accompanies this Act.
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.
Sec. 5003 Definitions
In this division:
Advisory Committee— The term Advisory Committee means the National Artificial Intelligence Advisory Committee established under section 5104(a).
Agency head— The term agency head means the head of any Executive agency (as defined in section 105 of title 5, United States Code).
Artificial intelligence— The term artificial intelligence means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems use machine and human-based inputs to—
perceive real and virtual environments;
abstract such perceptions into models through analysis in an automated manner; and
use model inference to formulate options for information or action.
Initiative— The term Initiative means the National Artificial Intelligence Initiative established under section 5101(a).
Initiative Office— The term Initiative Office means the National Artificial Intelligence Initiative Office established under section 5102(a).
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Institute— The term Institute means an Artificial Intelligence Research Institute described in section 201(b)(1).5201(b)(1).
Interagency Committee— The term Interagency Committee means the interagency committee established under section 5103(a).
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K-12 K–12 education— The term K-12 K–12 education means elementary school and secondary education, as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
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.
Sec. 5102 National Artificial Intelligence Initiative Office
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).
Responsibilities— The Director of the Initiative Office shall—
provide technical and administrative support to the Interagency Committee and the Advisory Committee;
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serve as the point of contact on Federal artificial intelligence activities carried out under the Initiative 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;
conduct regular public outreach to diverse stakeholders, including through the convening of conferences and educational events, the publication of information about significant Initiative activities on a publicly available website, and the dissemination of findings and recommendations of the Advisory Committee, as appropriate; and
promote access to and early adoption of the technologies, innovations, lessons learned, and expertise derived from Initiative activities to agency missions and systems across the Federal Government, and to industry, including startup companies.
Funding estimate— The Director of the Office of Science and Technology Policy shall develop an estimate of the funds necessary to carry out the activities of the Initiative Coordination Office, including an estimate of how much each participating Federal department and agency described in section 5103(c) will contribute to such funds, and submit such estimate to Congress not later than 90 days after the enactment of this Act. The Director shall update this estimate each year based on participating agency investments in artificial intelligence.
Sec. 5103 Coordination by Interagency Committee
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.
Co-Chairs— The Interagency Committee shall be co-chaired by the Director of the Office of Science and Technology Policy and, on an annual rotating basis, a representative from the National Institute of Standards and Technology, the National Science Foundation, or the Department of Energy, as selected by the Director of the Office of Science and Technology Policy.
Agency participation— The Committee shall include representatives from—
the National Institute of Standards and Technology;
the National Science Foundation;
the Department of Energy;
the National Aeronautics and Space Administration;
the Department of Defense;
the Defense Advanced Research Projects Agency;
the Department of Commerce;
the Office of the Director of National Intelligence;
the Office of Management and Budget;
the Office of Science and Technology Policy;
the Department of Health and Human Services;
the Department of Education;
the Department of Labor;
the Department of the Treasury;
the General Services Administration;
the Department of Transportation;
the Department of State;
changed
the Department of Veterans Affairs; andPrivacy and Civil Liberties Oversight Board;
added
the Department of Veterans Affairs;
added
the National Oceanic and Atmospheric Administration; and
renumbered
was (4)(21)
any other Federal agency as considered appropriate by the Director of the Office of Science and Technology Policy.
Responsibilities— The Interagency Committee shall—
provide for interagency coordination of Federal artificial intelligence research, development, and demonstration activities, development of voluntary consensus standards and guidelines for research, development, testing, and adoption of ethically developed, safe, and trustworthy artificial intelligence systems, and education and training activities and programs of Federal departments and agencies undertaken pursuant to the Initiative;
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 the Initiative’s activities; and
describes how the agencies carrying out the Initiative will—
determine and prioritize areas of artificial intelligence research, development, and demonstration requiring Federal Government leadership and investment;
support long-term funding for interdisciplinary artificial intelligence research, development, demonstration, education and public outreach activities;
support research and other activities on ethical, legal, environmental, safety, security, and other appropriate societal issues related to artificial intelligence;
provide or facilitate the availability of curated, standardized, secure, representative, and privacy-protected data sets for artificial intelligence research and development;
provide or facilitate the necessary computing, networking, and data facilities for artificial intelligence research and development;
support and coordinate Federal education and workforce activities related to artificial intelligence;
reduce barriers to transferring artificial intelligence systems from the laboratory into application for the benefit of society and United States competitiveness;
support and coordinate the network of artificial intelligence research institutes described in section 5201(b)(7)(B);
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in consultation with the Council of Economic Advisers, measure and track the contributions of artificial intelligence to United States economic growth and other societal indicators; andindicators;
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leverage the resources of the Initiative to respond to pressing national challenges, including economic and public health emergencies such as pandemics;pandemics; and
added
protect the privacy rights and civil liberties of individuals;
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
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.
Annual report— For each fiscal year beginning with fiscal year 2022, not later than 90 days after submission of the President’s annual budget request for such fiscal year, the Interagency Committee shall prepare and submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes—
a summarized budget in support of the Initiative for such fiscal year and the preceding fiscal year, including a disaggregation of spending for each Federal agency participating in the Initiative and for the development and acquisition of any research facilities and instrumentation; and
an assessment of how Federal agencies are implementing the plan described in subsection (d)(2), and a description of those efforts.
Sec. 5104 National Artificial Intelligence Advisory Committee
In general— The Secretary of Energy shall, in consultation with the Director of the Office of Science and Technology Policy, establish an advisory committee to be known as the “National Artificial Intelligence Advisory Committee”.
Qualifications— The Advisory Committee shall consist of members, appointed by the Secretary of Energy, who are representing broad and interdisciplinary expertise and perspectives, including from academic institutions, companies across diverse sectors, nonprofit and civil society entities, and Federal laboratories, that are qualified to provide advice and information on science and technology research, development, ethics, standards, education, technology transfer, commercial application, security, and economic competitiveness related to artificial intelligence.
Membership consideration— In selecting the members of the Advisory Committee, the Secretary of Energy may seek and give consideration to recommendations from the Congress, industry, nonprofit organizations, the scientific community (including the National Academy of Sciences, scientific professional societies, and academic institutions), the defense community, and other appropriate organizations.
Duties— The Advisory Committee shall advise the President and the Initiative Office on matters related to the Initiative, including recommendations related to—
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;
the progress made in implementing the Initiative, including a review of the degree to which the Initiative has achieved the goals under the metrics established by the Interagency Committee under section 5103(d)(2);
the state of the science around artificial intelligence, including progress towards artificial general intelligence;
added
the workforce of the United States, including matters relating to the potential for using artificial intelligence for rapid retraining of workers, due to the possible effect of technological displacement and to increase the labor force participation of traditionally underrepresented populations, including minorities, low-income populations, and persons with disabilities;
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how to leverage the resources of the initiative to streamline operations in various areas of government operations, including health care, cybersecurity, infrastructure, and disaster recovery;
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was (5)(6)
the need to update the Initiative;
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was (5)(7)
the balance of activities and funding across the Initiative;
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was (5)(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;
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was (5)(9)
the management, coordination, and activities of the Initiative;
added
whether ethical, legal, safety, security, and other appropriate societal issues are adequately addressed by the Initiative;
added
opportunities for international cooperation with strategic allies on artificial intelligence research activities and standards development; and
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how artificial intelligence can enhance opportunities for diverse geographic regions of the United States, including urban and rural communities.
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whether ethical, legal, safety, security, and other appropriate societal issues are adequately addressed by the Initiative; and
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opportunities for international cooperation with strategic allies on artificial intelligence research activities and standards development.
Reports— Not later than 1 year after the date of the enactment of this Act, and not less frequently than once every 3 years thereafter, the Advisory Committee shall submit to the President, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, a report on the Advisory Committee’s findings and recommendations under subsection (d).
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.
FACA exemption— The Secretary of Energy shall charter the Advisory Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), except that the Advisory Committee shall be exempt from section 14 of such Act.
Sec. 5105 National Academies artificial intelligence impact study on workforce
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.
Contents— The study shall address—
workforce impacts across sectors caused by the increased adoption of artificial intelligence, automation, and other related trends;
workforce needs and employment opportunities generated by the increased adoption of artificial intelligence across sectors;
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opportunities for artificial intelligence to increase the labor force participation of traditionally underrepresented populations, including minorities, low-income populations, and persons with disabilities;
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was (3)(5)
research gaps and data needed to better understand and track both workforce impacts and workforce needs and opportunities generated by adoption of artificial intelligence systems across sectors; and
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recommendations to address the challenges and opportunities described in paragraphs (1), (2), (3), and (4).
removed
recommendations to address the challenges and opportunities described in paragraphs (1), (2), and (3).
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.
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—
submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings and recommendations of the study conducted under subsection (a); and
make a copy of such report available on a publicly accessible website.
Sec. 5106 GAO report on computational needs
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In general— Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study of artificial intelligence computer hardware and computing required in order to maintain U.S. United States leadership in artificial intelligence research and development. The Comptroller General shall—
assess the composition of civilian computing resources supported by the Federal Government at universities and Federal Laboratories, including programs with laboratory computing, high performance computing, cloud computing, quantum computing, edge computing, and other computing resources;
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evaluate projected needs for computing consumption and performance required by the public and private sector for the training, auditing, validation, testing, and use of artificial intelligence over the next five 5 years; and
offer recommendations to meet these projected needs.
Sec. 5107 National AI Research Resource Task Force
Establishment of task force—
Establishment—
In general— The Director of the National Science Foundation, in coordination with the Office of Science and Technology Policy, shall establish a task force—
to investigate the feasibility and advisability of establishing and sustaining a national artificial intelligence research resource; and
to propose a roadmap detailing how such resource should be established and sustained.
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”).
Membership—
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—
4 shall be representatives from the Interagency Committee established in section 5103, including the co-chairpersons of the Task Force;
4 shall be representatives from institutions of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); and
4 shall be representatives from private organizations.
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).
Term of appointment— Members of the Task Force shall be appointed for the life of the Task Force.
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.
Co-chairpersons— The Director of the Office of Science and Technology Policy and the Director of the National Sciences Foundation, or their designees, shall be the co-chairpersons of the Task Force. If the role of the Director of the National Science Foundation is vacant, the Chair of the National Science Board shall act as a co-chairperson of the Task Force.
Expenses for non-federal members— Non-Federal Members of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Task Force.
Roadmap and implementation plan—
In general— The Task Force shall develop a coordinated roadmap and implementation plan for creating and sustaining a National Artificial Intelligence Research Resource.
Contents— The roadmap and plan required by paragraph (1) shall include the following:
Goals for establishment and sustainment of a national artificial intelligence research resource and metrics for success.
A plan for ownership and administration of the National Artificial Intelligence Research Resource, including—
an appropriate agency or organization responsible for the implementation, deployment, and administration of the Resource; and
a governance structure for the resource, including oversight and decision-making authorities.
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A model for governance and oversight to establish strategic direction, make programmatic decisions, and manage the allocation of resources;resources.
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.
An assessment of, and recommend solutions to, barriers to the dissemination and use of high-quality government data sets as part of the national artificial intelligence research resource.
An assessment of security requirements associated with the national artificial intelligence research resource and its research and recommend a framework for the management of access controls.
An assessment of privacy and civil liberties requirements associated with the national artificial intelligence research resource and its research.
A plan for sustaining the resources, including through Federal funding and partnerships with the private sector.
The parameters for the establishment and sustainment of the national artificial intelligence resource, including agency roles and responsibilities and milestones to implement the resource.
Consultations— In conducting its duties required under subsection (b), the Task Force shall consult with the following:
The National Science Foundation.
The Office of Science and Technology Policy.
The National Academies of Sciences, Engineering, and Medicine.
The National Institute of Standards and Technology.
The Defense Advanced Research Projects Agency.
The Intelligence Advanced Research Projects Activity.
The Department of Energy.
The Department of Defense.
The General Services Administration.
Private industry.
Institutions of higher education.
Such other persons as the Task Force considers appropriate.
Staff— Staff of the Task Force shall comprise detailees with expertise in artificial intelligence, or related fields from the Office of Science and Technology Policy, the National Science Foundation, or any other agency the co-chairs deem appropriate, with the consent of the head of the agency. The co-chairs shall also be authorized to hire staff from outside the Federal government for the duration of the task force.
Task force reports—
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.
Final report— Taking into account the findings of the Government Accountability Office report required in section 106 of this Act, not later than 6 months after the submittal of the interim report under paragraph (1), the Task Force shall submit to Congress and the President a final report containing the findings, conclusions, and recommendations of the Task Force, including the specific recommendations required by subsection (b).
Termination—
In general— The Task Force shall terminate 90 days after the date on which it submits the final report under subsection (e)(2).
Records— Upon termination of the Task Force, all of its records shall become the records of the National Archives and Records Administration.
Definitions— In this section:
National artificial intelligence research resource and resource— The terms “National Artificial Intelligence Research Resource” and “Resource” mean a system that provides researchers and students across scientific fields and disciplines with access to compute resources, co-located with publicly-available, artificial intelligence-ready government and non-government data sets and a research environment with appropriate educational tools and user support.
Ownership— The term “ownership” means responsibility and accountability for the implementation, deployment, and ongoing development of the National Artificial Intelligence Research Resource, and for providing staff support to that effort.
Sec. 5108 Sense of Congress
It is the sense of Congress that—
artificial intelligence systems have the potential to transform every sector of the United States economy, boosting productivity, enhancing scientific research, and increasing U.S. competitiveness; and
the United States Government should use this Initiative to enable the benefits of trustworthy artificial intelligence while preventing the creation and use of artificial intelligence systems that behave in ways that cause harm, including—
high-risk systems that lack sufficient robustness to prevent adversarial attacks;
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high-risk systems that harm the privacy or security of users or the general public; andpublic;
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artificial general intelligence systems that may become self-aware or uncontrollable.uncontrollable; and
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artificial intelligence systems that may perpetuate societal biases against protected classes of persons, including on the basis of sex, race, age, disability, color, creed, national origin, or religion, or otherwise automate discriminatory decision-making.
Sec. 5109 Rule of construction regarding ethical artificial intelligence
addedadded For purposes of this division, the term “ethical” (when used in the context of artificial intelligence) shall be deemed to include efforts to minimize or eliminate discriminatory algorithmic bias, particularly as it pertains to protected classes of persons, including on the basis of sex, race, age, disability, color, creed, national origin, or religion.
Sec. 5301 National Institute of Standards and Technology activities
In general— As part of the Initiative, the Director of the National Institute of Standards and Technology shall—
support measurement research and development of best practices and voluntary standards for trustworthy artificial intelligence systems, including for—
privacy and security, including for datasets used to train or test artificial intelligence systems and software and hardware used in artificial intelligence systems;
advanced computer chips and hardware designed for artificial intelligence systems;
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;
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;
auditing mechanisms and benchmarks for accuracy, transparency, verifiability, and safety assurance for artificial intelligence systems;
applications of machine learning and artificial intelligence systems to improve other scientific fields and engineering;
model documentation, including performance metrics and constraints, measures of fairness, training and testing processes, and results;
system documentation, including connections and dependences within and between systems, and complications that may arise from such connections; and
all other areas deemed by the Director to be critical to the development and deployment of trustworthy artificial intelligence;
produce curated, standardized, representative, secure, and privacy protected data sets for artificial intelligence research, development, and use, prioritizing data for high-value, high-risk research;
support one or more institutes as described in section 5201(a) for the purpose of advancing the field of artificial intelligence;
support and strategically engage in the development of voluntary consensus standards, including international standards, through open, transparent, and consensus-based processes;
taking into account the findings from the National Academies study in section 5105, develop taxonomies and lexica to describe artificial intelligence tasks, knowledge, skills, abilities, competencies, and work roles to guide career development, education, and training activities in industry, academia, nonprofit organizations, and the Federal government, identify workforce gaps in the public and private sector, and create criteria and measurement for credentials in artificial intelligence-related careers; and
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.
Risk management framework— Not later than 2 years after the date of the enactment of this Act, the Director shall work to develop, and periodically update, in collaboration with other public and private sector organizations, including the National Science Foundation and the Department of Energy, a voluntary risk management framework for the trustworthiness of artificial intelligence systems. The framework shall—
identify and provide standards, guidelines, best practices, methodologies, procedures, and processes for assessing the trustworthiness of, and mitigating risks to, artificial intelligence systems;
establish common definitions and characterizations for aspects and levels of trustworthiness, including explainability, transparency, safety, privacy, security, robustness, fairness, bias, ethics, validation, verification, interpretability, and other properties related to artificial intelligence systems that are common across all sectors;
provide guidance and implementation steps for risk management of artificial intelligence systems;
provide sector-specific case studies of implementation of the framework;
align with voluntary consensus standards, including international standards, to the fullest extent possible;
incorporate voluntary consensus standards and industry best practices; and
not prescribe or otherwise require—
the use of specific solutions; or
the use of specific information or communications technology products or services.
Data sharing and documentation best practices— Not later than 1 year after the date of enactment of this Act, the Director shall, in collaboration with other public and private sector organizations, develop guidance to facilitate the creation of voluntary data sharing arrangements between industry, federally funded research centers, and Federal agencies for the purpose of advancing artificial intelligence research and technologies, including—
options for partnership models between government entities, industry, universities, and nonprofits that incentivize each party to share the data they collected; and
best practices for datasets used to train artificial intelligence systems, including—
standards for metadata that describe the properties of datasets, including—
the origins of the data;
the intent behind the creation of the data;
authorized uses of the data;
descriptive characteristics of the data, including what populations are included and excluded from the datasets; and
any other properties as determined by the Director; and
standards for privacy and security of datasets with human characteristics.
Stakeholder outreach— In carrying out the activities under this subsection, the Director shall—
solicit input from university researchers, private sector experts, relevant Federal agencies, Federal laboratories, State and local governments, civil society groups, and other relevant stakeholders;
solicit input from experts in relevant fields of social science, technology ethics, and law; and
provide opportunity for public comment on guidelines and best practices developed as part of the Initiative, as appropriate.
added
Authorization of appropriations— There are authorized to be appropriated to the National Institute of Standards and Technology to carry out this section $64,000,000 for fiscal year 2021.
Sec. 5302 National Oceanic and Atmospheric Administration Artificial Intelligence Center
added
added
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”).
added
Center goals— The goals of the Center shall be to—
added
coordinate and facilitate the scientific and technological efforts across the National Oceanic and Atmospheric Administration; and
added
expand external partnerships, and build workforce proficiency to effectively transition artificial intelligence applications to operations.
added
Center priorities— 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. The priorities of the Center shall be to—
added
coordinate and facilitate artificial intelligence research and innovation, tools, systems, and capabilities across the National Oceanic and Atmospheric Administration;
added
establish data standards and develop and maintain a central repository for agency-wide artificial intelligence applications;
added
accelerate the transition of artificial intelligence research to applications in support of the mission of the National Oceanic and Atmospheric Administration;
added
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;
added
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
added
make data of the National Oceanic and Atmospheric Administration accessible, available, and ready for artificial intelligence applications.
added
Stakeholder engagement— In carrying out the activities authorized in this section, the Administrator shall—
added
collaborate with a diverse set of stakeholders including private sector entities and institutions of higher education;
added
leverage the collective body of research on artificial intelligence and machine learning; and
added
engage with relevant Federal agencies, research communities, and potential users of information produced under this section.
added
Authorization of appropriations— There are authorized to be appropriated to the Administrator to carry out this section $10,000,000 for fiscal year 2021.
Sec. 5401 Artificial intelligence research and education
In general— As part of the Initiative, the Director of the National Science Foundation shall fund research and education activities in artificial intelligence systems and related fields, including competitive awards or grants to institutions of higher education or eligible nonprofit organizations (or consortia thereof).
Uses of funds— In carrying out the activities under subsection (a), the Director of the National Science Foundation shall—
support research, including interdisciplinary research on artificial intelligence systems and related areas;
support collaborations among researchers across disciplines, including between social scientists and computer and data scientists, to advance research critical to the development and deployment of trustworthy artificial intelligence systems, including support for interdisciplinary research relating advances in artificial intelligence to changes in the future workplace, in a social and economic context;
use the existing programs of the National Science Foundation, in collaboration with other Federal departments and agencies, as appropriate to—
improve the teaching and learning of artificial intelligence systems at all levels of education; and
changed
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, 1885a and 1885b);
engage with institutions of higher education, research communities, industry, Federal laboratories, nonprofit organizations, State and local governments, and potential users of information produced under this section, including through the convening of workshops and conferences, to leverage the collective body of knowledge across disciplines relevant to artificial intelligence, facilitate new collaborations and partnerships, and identify emerging research needs;
support partnerships among institutions of higher education and industry that facilitate collaborative research, personnel exchanges, and workforce development with respect to artificial intelligence systems;
ensure adequate access to research and education infrastructure with respect to artificial intelligence systems, including through the development of new computing resources and partnership with the private sector for the provision of cloud-based computing services;
conduct prize competitions, as appropriate, pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719);
coordinate research efforts funded through existing programs across the directorates of the National Science Foundation;
provide guidance on data sharing by grantees to public and private sector organizations consistent with the standards and guidelines developed under section 5301(c); and
evaluate opportunities for international collaboration with strategic allies on artificial intelligence research and development.
Artificial intelligence research grants—
In general— The Director shall award grants for research on artificial intelligence systems. Research areas may include—
artificial intelligence systems, including machine learning, computer vision, robotics, and hardware for accelerating artificial intelligence systems;
artificial intelligence-enabled systems;
fields and research areas that will contribute to the advancement of artificial intelligence systems, including information theory, causal and statistical inference, data mining, information extraction, human-robot interaction, and intelligent interfaces;
fields and research areas that increase understanding of human characteristics relevant to artificial intelligence systems, including computational neuroscience, reasoning and representation, speech and language, multi-agent systems, intelligent interfaces, human-artificial intelligence cooperation, and artificial intelligence-augmented human problem solving;
fields and research areas that increase understanding of learning, adaptability, and resilience beyond the human cognitive model, including topics in developmental biology, zoology, botany, morphological computation, and organismal systems;
fields and research areas that will contribute to the development and deployment of trustworthy artificial intelligence systems, including—
algorithmic explainability;
methods to assess, characterize, and reduce bias in datasets and artificial intelligence systems; and
safety and robustness of artificial intelligence systems, including assurance, verification, validation, security, and control;
privacy and security, including for datasets used for the training and inference of artificial intelligence systems, and software and hardware used in artificial intelligence systems;
fields and research areas that address the application of artificial intelligence systems to scientific discovery and societal challenges, including economic and public health emergencies;
societal, ethical, safety, education, workforce, and security implications of artificial intelligence systems, including social impact of artificial intelligence systems on different groups within society, especially historically marginalized groups; and
qualitative and quantitative forecasting of future capabilities, applications, and impacts.
Engineering support— In soliciting proposals for funding under this section, the Director shall permit applicants to include in their proposed budgets funding for software engineering support to assist with the proposed research.
Ethics—
Sense of Congress— It is the sense of Congress that—
a number of emerging areas of research, including artificial intelligence, have potential ethical, social, safety, and security implications that might be apparent as early as the basic research stage;
the incorporation of ethical, social, safety, and security considerations into the research design and review process for Federal awards may help mitigate potential harms before they happen;
the National Science Foundation’s intent to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study and make recommendations with respect to governance of research in emerging technologies is a positive step toward accomplishing this goal; and
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.
Ethics statements—
In general— Not later than 18 months after the date of enactment of this Act, the Director shall amend grant proposal instructions to include a requirement for an ethics statement to be included as part of any proposal for funding prior to making the award. Such statement shall be considered by the Director in the review of proposals, taking into consideration any relevant input from the peer-reviewers for the proposal, and shall factor into award decisions as deemed necessary by the Director.
Contents— Such statements may include, as appropriate—
the potential societal benefits of the research;
any foreseeable or quantifiable risks to society, including how the research could enable products, technologies, or other outcomes that could intentionally or unintentionally cause significant societal harm; and
how technical or social solutions can mitigate such risks and, as appropriate, a plan to implement such mitigation measures.
Guidance— The Director shall issue clear guidance on what constitutes a foreseeable or quantifiable risk described in clause (ii)(II), and to the extent practical harmonize this policy with existing ethical policies or related requirements for human subjects.
Annual reports— The Director shall encourage grantees to update their ethics statements as appropriate as part of the annual reports required by all grantees under the grant terms and conditions.
Education—
changed
In general— The Director of the National Science Foundation shall award grants for education programs at the K-12, K–12, community college, undergraduate, graduate, postdoctoral, adult learning, and retraining stages of education that—
support the development of a diverse workforce pipeline for science and technology with respect to artificial intelligence systems;
increase awareness of ethical, social, safety, and security implications of artificial intelligence systems; and
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.
Use of funds— Grants awarded under this section for education activities referred to in paragraph (1) may be used for—
changed
collaborative interdisciplinary research, development, testing, and dissemination of K-12, K–12, undergraduate, and community college curriculum development, dissemination, and other educational tools and methods in artificial intelligence related fields;
curriculum development in the field of technology ethics;
changed
support for informal education activities for K-12 K–12 students to engage with artificial intelligence systems, including mentorship programs for underrepresented populations;
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efforts to achieve equitable access to K-12 K–12 artificial intelligence education for populations and geographic areas traditionally underrepresented in the artificial intelligence field;
changed
training and professional development programs, including innovative pre-service and in-service programs, in artificial intelligence and related fields for K-12 K–12 teachers;
efforts to improve the retention rate for researchers focusing on artificial intelligence systems at institutions of higher learning and other nonprofit research institutions;
outreach programs to educate the general public about the uses of artificial intelligence and its societal implications;
assessments of activities conducted under this subsection; and
any other relevant activities the Director determines will accomplish the aim described in paragraph (1).
Artificial intelligence traineeships and fellowships—
Artificial intelligence traineeships—
In general— The Director of the National Science Foundation shall award grants to institutions of higher education to establish traineeship programs for graduate students who pursue artificial intelligence-related research leading to a masters or doctorate degree by providing funding and other assistance, and by providing graduate students opportunities for research experiences in government or industry related to the students’ artificial intelligence studies.
Use of funds— An institution of higher education shall use grant funds provided under clause (i) for the purposes of—
providing traineeships to students who are pursuing research in artificial intelligence leading to a masters or doctorate degree;
paying tuition and fees for students receiving traineeships who are citizens, nationals, or lawfully admitted permanent resident aliens of the United States;
creating and requiring courses or training programs in technology ethics for students receiving traineeships;
creating opportunities for research in technology ethics for students receiving traineeships;
establishing scientific internship programs for students receiving traineeships in artificial intelligence at for-profit institutions, nonprofit research institutions, or government laboratories; and
other costs associated with the administration of the program.
Artificial intelligence fellowships— The Director of the National Science Foundation shall award fellowships to masters and doctoral students and postdoctoral researchers at institutions of higher education who are pursuing degrees or research in artificial intelligence and related fields, including in the field of technology ethics. In making such awards, the Director shall—
ensure recipients of artificial intelligence fellowships are citizens, nationals, or lawfully admitted permanent resident aliens of the United States; and
conduct outreach, including through formal solicitations, to solicit proposals from students and postdoctoral researchers seeking to carry out research in aspects of technology ethics with relevance to artificial intelligence systems.
Faculty recruitment fellowships—
In general— The Director of the National Science Foundation shall establish a program to award grants to institutions of higher education to recruit and retain tenure-track or tenured faculty in artificial intelligence and related fields.
Use of funds— An institution of higher education shall use grant funds provided under clause (i) for the purposes of—
recruiting new tenure-track or tenured faculty members to that conduct research and teaching in artificial intelligence and related fields and research areas, including technology ethics; and
changed
paying salary and benefits for the academic year of newly recruited tenure-track or tenured faculty members for a duration of up to three 3 years.
Faculty technology ethics fellowships—
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, in collaboration with faculty conducting empirical research in artificial intelligence and related fields.
Purposes— The purposes of such fellowships are to enable researchers in social and behavioral sciences, ethics, law, and related fields to establish new research and education partnerships with researchers in artificial intelligence and related fields; learn new techniques and acquire systematic knowledge in artificial intelligence and related fields; shift their research to focus on technology ethics; and mentor and advise graduate students and postdocs pursuing research in technology ethics.
Uses of funds— A fellowship may include salary and benefits for up to one academic year and additional expenses to support coursework or equivalent training in artificial intelligence systems.
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”.
Update to advanced technological education program—
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”.
Artificial intelligence centers of excellence— The Director of the National Science Foundation shall establish national centers of scientific and technical education to advance education and workforce development in areas related to artificial intelligence pursuant to Section 3 of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862(i)). Activities of such centers may include—
the development, dissemination, and evaluation of curriculum and other educational tools and methods in artificial intelligence related fields and research areas, including technology ethics;
the development and evaluation of artificial intelligence related certifications for 2-year programs; and
interdisciplinary science and engineering research in employment-based adult learning and career retraining related to artificial intelligence fields.
added
Authorization of appropriations— There are authorized to be appropriated to the National Science Foundation to carry out this section $868,000,000 for fiscal year 2021.
Sec. 5501 Department of Energy Artificial Intelligence Research Program
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.
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—
the application of artificial intelligence systems to improve large-scale simulations of natural and other phenomena;
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;
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;
the development of operation and control systems that enhance automated, intelligent decisionmaking capabilities;
the development of advanced computing hardware and computer architecture tailored to artificial intelligence systems, including the codesign of networks and computational hardware;
the development of standardized datasets for emerging artificial intelligence research fields and applications, including methods for addressing data scarcity; and
the development of trustworthy artificial intelligence systems, including—
algorithmic explainability;
analytical methods for identifying and mitigating bias in artificial intelligence systems; and
safety and robustness, including assurance, verification, validation, security, and control.
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.
Facility use and upgrades— In carrying out the program under subsection (a), the Secretary shall—
make available high-performance computing infrastructure at national laboratories;
make any upgrades necessary to enhance the use of existing computing facilities for artificial intelligence systems, including upgrades to hardware;
establish new computing capabilities necessary to manage data and conduct high performance computing that enables the use of artificial intelligence systems; and
maintain and improve, as needed, networking infrastructure, data input and output mechanisms, and data analysis, storage, and service capabilities.
Ethics—
In general— Not later than 18 months after the date of enactment of this Act, the Secretary shall amend grant proposal instructions to include a requirement for an ethics statement to be included as part of any proposal for funding prior to making the award. Such statement shall be considered by the Secretary in the review of proposals, taking into consideration any relevant input from the peer-reviewers for the proposal, and shall factor into award decisions as deemed necessary by the Secretary. Such statements may include, as appropriate—
the potential societal benefits of the research;
any foreseeable or quantifiable risks to society, including how the research could enable products, technologies, or other outcomes that could intentionally or unintentionally cause significant societal harm; and
how technical or social solutions can mitigate such risks and, as appropriate, a plan to implement such mitigation measures.
Guidance— The Secretary shall issue clear guidance on what constitutes risks as described in section (1)(B), and to the extent practical harmonize this policy with existing ethical policies or related requirements for human subjects.
Annual reports— The Secretary shall encourage awardees to update their ethics statements as appropriate as part of the annual reports required by all awardees under the grant terms and conditions.
Risk management— The Secretary shall review agency policies for risk management in artificial intelligence related projects and issue as necessary policies and principles that are consistent with the framework developed under section 5301(b).
Data privacy and sharing— The Secretary shall review agency policies for data sharing with other public and private sector organizations and issue as necessary policies and principles that are consistent with the standards and guidelines submitted under section 5301(c). In addition, the Secretary shall establish a streamlined mechanism for approving research projects or partnerships that require sharing sensitive public or private data with the Department.
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.
Stakeholder engagement— In carrying out the activities authorized in this section, the Secretary shall—
collaborate with a range of stakeholders including small businesses, institutes of higher education, industry, and the National Laboratories;
leverage the collective body of knowledge from existing artificial intelligence and machine learning research; and
engage with other Federal agencies, research communities, and potential users of information produced under this section.
Definitions— In this section:
Secretary— The term “Secretary” means the Secretary of Energy.
Department— The term “Department” means the Department of Energy.
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).
Eligible entities— The term “eligible entities” means—
an institution of higher education;
a National Laboratory;
a Federal research agency;
a State research agency;
a nonprofit research organization;
a private sector entity; or
a consortium of 2 or more entities described in subparagraph (A) through (F).
added
Authorization of appropriations— There are authorized to be appropriated to the Department to carry out this section $200,000,000 for fiscal year 2021.
Sec. 5502 Department of Energy Veterans’ Health Initiative
added
added
Definitions— In this section:
added
Department— The term Department means the Department of Energy.
added
National Laboratory— The term National Laboratory has the meaning given that term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
added
Secretary— The term Secretary means the Secretary of Energy.
added
Purposes— The purposes of this section are to advance Department of Energy expertise in artificial intelligence and high-performance computing in order to improve health outcomes for veteran populations by—
added
supporting basic research through the application of artificial intelligence, high-performance computing, modeling and simulation, machine learning, and large-scale data analytics to identify and solve outcome-defined challenges in the health sciences;
added
maximizing the impact of the Department of Veterans Affairs’ health and genomics data housed at the National Laboratories, as well as data from other sources, on science, innovation, and health care outcomes through the use and advancement of artificial intelligence and high-performance computing capabilities of the Department of Energy;
added
promoting collaborative research through the establishment of partnerships to improve data sharing between Federal agencies, National Laboratories, institutions of higher education, and nonprofit institutions;
added
establishing multiple scientific computing user facilities to house and provision available data to foster transformational outcomes; and
added
driving the development of technology to improve artificial intelligence, high-performance computing, and networking relevant to mission applications of the Department of Energy, including modeling, simulation, machine learning, and advanced data analytics.
added
Department of Energy veterans health research and development—
added
In general— The Secretary shall establish and carry out a research program in artificial intelligence and high-performance computing, focused on the development of tools to solve big data challenges associated with veteran’s healthcare, and to support the efforts of the Department of Veterans Affairs to identify potential health risks and challenges utilizing data on long-term healthcare, health risks, and genomic data collected from veteran populations. The Secretary shall carry out this program through a competitive, merit-reviewed process, and consider applications from National Laboratories, institutions of higher education, multi-institutional collaborations, and other appropriate entities.
added
Program components— In carrying out the program established under paragraph (1), the Secretary may—
added
conduct basic research in modeling and simulation, machine learning, large-scale data analytics, and predictive analysis in order to develop novel or optimized algorithms for prediction of disease treatment and recovery;
added
develop methods to accommodate large data sets with variable quality and scale, and to provide insight and models for complex systems;
added
develop new approaches and maximize the use of algorithms developed through artificial intelligence, machine learning, data analytics, natural language processing, modeling and simulation, and develop new algorithms suitable for high-performance computing systems and large biomedical data sets;
added
advance existing and construct new data enclaves capable of securely storing data sets provided by the Department of Veterans Affairs, Department of Defense, and other sources; and
added
promote collaboration and data sharing between National Laboratories, research entities, and user facilities of the Department by providing the necessary access and secure data transfer capabilities.
added
Coordination— In carrying out the program required under paragraph (1), the Secretary is authorized to—
added
enter into memoranda of understanding in order to carry out reimbursable agreements with the Department of Veterans Affairs and other entities in order to maximize the effectiveness of Department of Energy research and development to improve veterans’ healthcare;
added
consult with the Department of Veterans Affairs and other Federal agencies as appropriate; and
added
ensure that data storage meets all privacy and security requirements established by the Department of Veterans Affairs, and that access to data is provided in accordance with relevant Department of Veterans Affairs data access policies, including informed consent.
added
Report— Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Science, Space, and Technology and the Committee on Veterans’ Affairs of the House of Representatives, and the Committee on Energy and Natural Resources and the Committee on Veterans’ Affairs of the Senate, a report detailing the effectiveness of—
added
the interagency coordination between each Federal agency involved in the research program carried out under this subsection;
added
collaborative research achievements of the program; and
added
potential opportunities to expand the technical capabilities of the Department.
added
Funding— There are authorized to be appropriated to the Secretary of Veterans Affairs to carry out this section $5,400,000 for fiscal year 2021.
added
Interagency collaboration—
added
In general— The Secretary is authorized to carry out research, development, and demonstration activities to develop tools to apply to big data that enable Federal agencies, institutions of higher education, nonprofit research organizations, and industry to better leverage the capabilities of the Department to solve complex, big data challenges. The Secretary shall carry out these activities through a competitive, merit-reviewed process, and consider applications from National Laboratories, institutions of higher education, multi-institutional collaborations, and other appropriate entities.
added
Activities— In carrying out the research, development, and demonstration activities authorized under paragraph (1), the Secretary may—
added
utilize all available mechanisms to prevent duplication and coordinate research efforts across the Department;
added
establish multiple user facilities to serve as data enclaves capable of securely storing data sets created by Federal agencies, institutions of higher education, nonprofit organizations, or industry at National Laboratories; and
added
promote collaboration and data sharing between National Laboratories, research entities, and user facilities of the Department by providing the necessary access and secure data transfer capabilities.
added
Report— Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report evaluating the effectiveness of the activities authorized under paragraph (1).
added
Funding— There are authorized to be appropriated to the Secretary of Energy to carry out paragraph (1) $15,000,000 for fiscal year 2021.
Sec. 6001 Short title
addedadded This division may be cited as the “Corporate Transparency Act of 2019”.
Sec. 6002 Findings
addedadded Congress finds the following:
added
Nearly 2,000,000 corporations and limited liability companies are being formed under the laws of the States each year.
added
Very few States require information about the beneficial owners of the corporations and limited liability companies formed under their laws.
added
A person forming a corporation or limited liability company within the United States typically provides less information at the time of incorporation than is needed to obtain a bank account or driver’s license and typically does not name a single beneficial owner.
added
Criminals have exploited State formation procedures to conceal their identities when forming corporations or limited liability companies in the United States, and have then used the newly created entities to commit crimes affecting interstate and international commerce such as terrorism, proliferation financing, drug and human trafficking, money laundering, tax evasion, counterfeiting, piracy, securities fraud, financial fraud, and acts of foreign corruption.
added
Law enforcement efforts to investigate corporations and limited liability companies suspected of committing crimes have been impeded by the lack of available beneficial ownership information, as documented in reports and testimony by officials from the Department of Justice, the Department of Homeland Security, the Department of the Treasury, and the Government Accountability Office, and others.
added
In July 2006, the leading international antimoney laundering standard-setting body, the Financial Action Task Force on Money Laundering (in this section referred to as the “FATF”), of which the United States is a member, issued a report that criticizes the United States for failing to comply with a FATF standard on the need to collect beneficial ownership information and urged the United States to correct this deficiency by July 2008. In December 2016, FATF issued another evaluation of the United States, which found that little progress has been made over the last ten years to address this problem. It identified the “lack of timely access to adequate, accurate and current beneficial ownership information” as a fundamental gap in United States efforts to combat money laundering and terrorist finance.
added
In response to the 2006 FATF report, the United States has urged the States to obtain beneficial ownership information for the corporations and limited liability companies formed under the laws of such States.
added
In contrast to practices in the United States, all 28 countries in the European Union are required to have corporate registries that include beneficial ownership information.
added
To reduce the vulnerability of the United States to wrongdoing by United States corporations and limited liability companies with hidden owners, to protect interstate and international commerce from criminals misusing United States corporations and limited liability companies, to strengthen law enforcement investigations of suspect corporations and limited liability companies, to set a clear, universal standard for State incorporation practices, and to bring the United States into compliance with international anti-money laundering standards, Federal legislation is needed to require the collection of beneficial ownership information for the corporations and limited liability companies formed under the laws of such States.
Sec. 6003 Transparent incorporation practices
added
added
In general—
added
Amendment to the Bank Secrecy Act— Chapter 53 of title 31, United States Code, is amended by inserting after section 5332 the following new section:
added “5333 Transparent incorporation practices
added “(a) Reporting requirements
added “(1) Beneficial ownership reporting
added “(A) In general—Each applicant to form a corporation or limited liability company under the laws of a State or Indian Tribe shall file a report with FinCEN containing a list of the beneficial owners of the corporation or limited liability company that—
added “(i) except as provided in paragraphs (3) and (4), and subject to paragraph (2), identifies each beneficial owner by—
added “(I) full legal name;
added “(II) date of birth;
added “(III) current residential or business street address; and
added “(IV) a unique identifying number from a non-expired passport issued by the United States, a non-expired personal identification card, or a non-expired driver’s license issued by a State; and
added “(ii) if the applicant is not a beneficial owner, also provides the identification information described in clause (i) relating to such applicant.
added “(B) Updated information—Each corporation or limited liability company formed under the laws of a State or Indian Tribe shall—
added “(i) submit to FinCEN an annual filing containing a list of—
added “(I) the current beneficial owners of the corporation or limited liability company and the information described in subparagraph (A) for each such beneficial owner; and
added “(II) any changes in the beneficial owners of the corporation or limited liability company during the previous year; and
added “(ii) pursuant to any rule issued by the Secretary of the Treasury under subparagraph (C), update the list of the beneficial owners of the corporation or limited liability company within the time period prescribed by such rule.
added “(C) Rulemaking on updating information—Not later than 9 months after the completion of the study required under section 4(a)(1) of the Corporate Transparency Act of 2019, the Secretary of the Treasury shall consider the findings of such study and, if the Secretary determines it to be necessary or appropriate, issue a rule requiring corporations and limited liability companies to update the list of the beneficial owners of the corporation or limited liability company within a specified amount of time after the date of any change in the list of beneficial owners or the information required to be provided relating to each beneficial owner.
added “(D) State notification—Each State in which a corporation or limited liability company is being formed shall notify each applicant of the requirements listed in subparagraphs (A) and (B).
added “(2) Certain beneficial owners—If an applicant to form a corporation or limited liability company or a beneficial owner, or similar agent of a corporation or limited liability company who is required to provide identification information under this subsection, does not have a nonexpired passport issued by the United States, a nonexpired personal identification card, or a non-expired driver’s license issued by a State, each such person shall provide to FinCEN the full legal name, current residential or business street address, a unique identifying number from a non-expired passport issued by a foreign government, and a legible and credible copy of the pages of a non-expired passport issued by the government of a foreign country bearing a photograph, date of birth, and unique identifying information for each beneficial owner, and each application described in paragraph (1)(A) and each update described in paragraph (1)(B) shall include a written certification by a person residing in the State or Indian country under the jurisdiction of the Indian Tribe forming the entity that the applicant, corporation, or limited liability company—
added “(A) has obtained for each such beneficial owner, a current residential or business street address and a legible and credible copy of the pages of a non-expired passport issued by the government of a foreign country bearing a photograph, date of birth, and unique identifying information for the person;
added “(B) has verified the full legal name, address, and identity of each such person;
added “(C) will provide the information described in subparagraph (A) and the proof of verification described in subparagraph (B) upon request of FinCEN; and
added “(D) will retain the information and proof of verification under this paragraph until the end of the 5-year period beginning on the date that the corporation or limited liability company terminates under the laws of the State or Indian Tribe.
added “(3) Exempt entities
added “(A) In general—With respect to an applicant to form a corporation or limited liability company under the laws of a State or Indian Tribe, if such entity is described in subparagraph (C) or (D) of subsection (d)(4) and will be exempt from the beneficial ownership disclosure requirements under this subsection, such applicant, or a prospective officer, director, or similar agent of the applicant, shall file a written certification with FinCEN—
added “(i) identifying the specific provision of subsection (d)(4) under which the entity proposed to be formed would be exempt from the beneficial ownership disclosure requirements under paragraphs (1) and (2);
added “(ii) stating that the entity proposed to be formed meets the requirements for an entity described under such provision of subsection (d)(4); and
added “(iii) providing identification information for the applicant or prospective officer, director, or similar agent making the certification in the same manner as provided under paragraph (1) or (2).
added “(B) Existing corporations or limited liability companies—On and after the date that is 2 years after the final regulations are issued to carry out this section, a corporation or limited liability company formed under the laws of the State or Indian Tribe before such date shall be subject to the requirements of this subsection unless an officer, director, or similar agent of the entity submits to FinCEN a written certification—
added “(i) identifying the specific provision of subsection (d)(4) under which the entity is exempt from the requirements under paragraphs (1) and (2);
added “(ii) stating that the entity meets the requirements for an entity described under such provision of subsection (d)(4); and
added “(iii) providing identification information for the officer, director, or similar agent making the certification in the same manner as provided under paragraph (1) or (2).
added “(C) Exempt entities having ownership interest—If an entity described in subparagraph (C) or (D) of subsection (d)(4) has or will have an ownership interest in a corporation or limited liability company formed or to be formed under the laws of a State or Indian Tribe, the applicant, corporation, or limited liability company in which the entity has or will have the ownership interest shall provide the information required under this subsection relating to the entity, except that the entity shall not be required to provide information regarding any natural person who has an ownership interest in, exercises substantial control over, or receives substantial economic benefits from the entity.
added “(4) FinCEN ID numbers
added “(A) Issuance of FinCEN ID number
added “(i) In general—FinCEN shall issue a FinCEN ID number to any individual who requests such a number and provides FinCEN with the information described under subclauses (I) through (IV) of paragraph (1)(A)(i).
added “(ii) Updating of information—An individual with a FinCEN ID number shall submit an annual filing with FinCEN updating any information described under subclauses (I) through (IV) of paragraph (1)(A)(i).
added “(B) Use of FinCEN ID number in reporting requirements—Any person required to report the information described under paragraph (1)(A)(i) with respect to an individual may instead report the FinCEN ID number of the individual.
added “(C) Treatment of information submitted for FinCEN ID number—For purposes of this section, any information submitted under subparagraph (A) shall be deemed to be beneficial ownership information.
added “(5) Retention and disclosure of beneficial ownership information by FinCEN
added “(A) Retention of information—Beneficial ownership information relating to each corporation or limited liability company formed under the laws of the State or Indian Tribe shall be maintained by FinCEN until the end of the 5-year period (or such other period of time as the Secretary of the Treasury may, by rule, determine) beginning on the date that the corporation or limited liability company terminates.
added “(B) Disclosure of information—Beneficial ownership information reported to FinCEN pursuant to this section shall be provided by FinCEN only upon receipt of—
added “(i) subject to subparagraph (C), a request, through appropriate protocols, by a local, Tribal, State, or Federal law enforcement agency;
added “(ii) a request made by a Federal agency on behalf of a law enforcement agency of another country under an international treaty, agreement, or convention, or an order under section 3512 of title 18 or section 1782 of title 28; or
added “(iii) a request made by a financial institution, with customer consent, as part of the institution’s compliance with due diligence requirements imposed under the Bank Secrecy Act, the USA PATRIOT Act, or other applicable Federal, State, or Tribal law.
added “(C) Appropriate protocols
added “(i) Privacy—The protocols described in subparagraph (B)(i) shall—
added “(I) protect the privacy of any beneficial ownership information provided by FinCEN to a local, Tribal, State, or Federal law enforcement agency;
added “(II) ensure that a local, Tribal, State, or Federal law enforcement agency requesting beneficial ownership information has an existing investigatory basis for requesting such information;
added “(III) ensure that access to beneficial ownership information is limited to authorized users at a local, Tribal, State, or Federal law enforcement agency who have undergone appropriate training, and refresher training no less than every 2 years, and that the identity of such authorized users is verified through appropriate mechanisms, such as two-factor authentication;
added “(IV) include an audit trail of requests for beneficial ownership information by a local, Tribal, State, or Federal law enforcement agency, including, as necessary, information concerning queries made by authorized users at a local, Tribal, State, or Federal law enforcement agency;
added “(V) require that every local, Tribal, State, or Federal law enforcement agency that receives beneficial ownership information from FinCEN conducts an annual audit to verify that the beneficial ownership information received from FinCEN has been accessed and used appropriately, and consistent with this paragraph; and
added “(VI) require FinCEN to conduct an annual audit of every local, Tribal, State, or Federal law enforcement agency that has received beneficial ownership information to ensure that such agency has requested beneficial ownership information, and has used any beneficial ownership information received from FinCEN, appropriately, and consistent with this paragraph.
added “(ii) Limitation on use—Beneficial ownership information provided to a local, Tribal, State, or Federal law enforcement agency under this paragraph may only be used for law enforcement, national security, or intelligence purposes.
added “(D) Access procedures—FinCEN shall establish stringent procedures for the protection and proper use of beneficial ownership information disclosed pursuant to subparagraph (B), including procedures to ensure such information is not being inappropriately accessed or misused by law enforcement agencies.
added “(E) Report to Congress—FinCEN shall issue an annual report to Congress stating—
added “(i) the number of times law enforcement agencies and financial institutions have accessed beneficial ownership information pursuant to subparagraph (B);
added “(ii) the number of times beneficial ownership information reported to FinCEN pursuant to this section was inappropriately accessed, and by whom; and
added “(iii) the number of times beneficial ownership information was disclosed under subparagraph (B) pursuant to a subpoena.
added “(F) Disclosure of non-PII data—Notwithstanding subparagraph (B), FinCEN may issue guidance and otherwise make materials available to financial institutions and the public using beneficial ownership information reported pursuant to this section if such information is aggregated in a manner that removes all personally identifiable information. For purposes of this subparagraph, “personally identifiable information” includes information that would allow for the identification of a particular corporation or limited liability company.
added “(b) No bearer share corporations or limited liability companies—A corporation or limited liability company formed under the laws of a State or Indian Tribe may not issue a certificate in bearer form evidencing either a whole or fractional interest in the corporation or limited liability company.
added “(c) Penalties
added “(1) In general—It shall be unlawful for any person to affect interstate or foreign commerce by—
added “(A) knowingly providing, or attempting to provide, false or fraudulent beneficial ownership information, including a false or fraudulent identifying photograph, to FinCEN in accordance with this section;
added “(B) willfully failing to provide complete or updated beneficial ownership information to FinCEN in accordance with this section; or
added “(C) knowingly disclosing the existence of a subpoena or other request for beneficial ownership information reported pursuant to this section, except—
added “(i) to the extent necessary to fulfill the authorized request; or
added “(ii) as authorized by the entity that issued the subpoena, or other request.
added “(2) Civil and criminal penalties—Any person who violates paragraph (1)—
added “(A) shall be liable to the United States for a civil penalty of not more than $10,000; and
added “(B) may be fined under title 18, United States Code, imprisoned for not more than 3 years, or both.
added “(3) Limitation—Any person who negligently violates paragraph (1) shall not be subject to civil or criminal penalties under paragraph (2).
added “(4) Waiver—The Secretary of the Treasury may waive the penalty for violating paragraph (1) if the Secretary determines that the violation was due to reasonable cause and was not due to willful neglect.
added “(5) Criminal penalty for the misuse or unauthorized disclosure of beneficial ownership information—The criminal penalties provided for under section 5322 shall apply to a violation of this section to the same extent as such criminal penalties apply to a violation described in section 5322, if the violation of this section consists of the misuse or unauthorized disclosure of beneficial ownership information.
added “(d) Definitions—For the purposes of this section:
added “(1) Applicant—The term applicant means any natural person who files an application to form a corporation or limited liability company under the laws of a State or Indian Tribe.
added “(2) Bank Secrecy Act—The term Bank Secrecy Act means—
added “(A) section 21 of the Federal Deposit Insurance Act;
added “(B) chapter 2 of title I of Public Law 91–508; and
added “(C) this subchapter.
added “(3) Beneficial owner
added “(A) In general—Except as provided in subparagraph (B), the term beneficial owner means a natural person who, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise—
added “(i) exercises substantial control over a corporation or limited liability company;
added “(ii) owns 25 percent or more of the equity interests of a corporation or limited liability company; or
added “(iii) receives substantial economic benefits from the assets of a corporation or limited liability company.
added “(B) Exceptions—The term beneficial owner shall not include—
added “(i) a minor child, as defined in the State or Indian Tribe in which the entity is formed;
added “(ii) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person;
added “(iii) a person acting solely as an employee of a corporation or limited liability company and whose control over or economic benefits from the corporation or limited liability company derives solely from the employment status of the person;
added “(iv) a person whose only interest in a corporation or limited liability company is through a right of inheritance; or
added “(v) a creditor of a corporation or limited liability company, unless the creditor also meets the requirements of subparagraph (A).
added “(C) Substantial economic benefits defined
added “(i) In general—For purposes of subparagraph (A)(ii), a natural person receives substantial economic benefits from the assets of a corporation or limited liability company if the person has an entitlement to more than a specified percentage of the funds or assets of the corporation or limited liability company, which the Secretary of the Treasury shall, by rule, establish.
added “(ii) Rulemaking criteria—In establishing the percentage under clause (i), the Secretary of the Treasury shall seek to—
added “(I) provide clarity to corporations and limited liability companies with respect to the identification and disclosure of a natural person who receives substantial economic benefits from the assets of a corporation or limited liability company; and
added “(II) identify those natural persons who, as a result of the substantial economic benefits they receive from the assets of a corporation or limited liability company, exercise a dominant influence over such corporation or limited liability company.
added “(4) Corporation; limited liability company—The terms corporation and limited liability company—
added “(A) have the meanings given such terms under the laws of the applicable State or Indian Tribe;
added “(B) include any non-United States entity eligible for registration or registered to do business as a corporation or limited liability company under the laws of the applicable State or Indian Tribe;
added “(C) do not include any entity that is—
added “(i) a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 781) or that is required to file reports under section 15(d) of that Act (15 U.S.C. 78o(d));
added “(ii) a business concern constituted, sponsored, or chartered by a State or Indian Tribe, a political subdivision of a State or Indian Tribe, under an interstate compact between two or more States, by a department or agency of the United States, or under the laws of the United States;
added “(iii) a bank, as defined under—
added “(I) section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a–2(a)); or
added “(II) section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C. 80b–2(a));
added “(iv) a credit union (as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752));
added “(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));
added “(vi) a broker or dealer (as defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c)) that is registered under section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o);
added “(vii) an exchange or clearing agency (as defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c)) that is registered under section 6 or 17A of the Securities Exchange Act of 1934 (15 U.S.C. 78f and 78q–1);
added “(viii) an investment company (as defined in section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a–3)) or an investment adviser (as defined in section 202(11) of the Investment Advisers Act of 1940 (15 U.S.C. 80b–2(11))), if the company or adviser is registered with the Securities and Exchange Commission, has filed an application for registration which has not been denied, under the Investment Company Act of 1940 (15 U.S.C. 80a–1 et seq.) or the Investment Adviser Act of 1940 (15 U.S.C. 80b–1 et seq.), or is an investment adviser described under section 203(l) of the Investment Advisers Act of 1940 (15 U.S.C. 80b–3(l));
added “(ix) an insurance company (as defined in section 2 of the Investment Company Act of 1940 (15 U.S.C. 80a–2));
added “(x) a registered entity (as defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a)), or a futures commission merchant, introducing broker, commodity pool operator, or commodity trading advisor (as defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a)) that is registered with the Commodity Futures Trading Commission;
added “(xi) a public accounting firm registered in accordance with section 102 of the Sarbanes-Oxley Act (15 U.S.C. 7212) or an entity controlling, controlled by, or under common control of such a firm;
added “(xii) a public utility that provides telecommunications service, electrical power, natural gas, or water and sewer services, within the United States;
added “(xiii) a church, charity, nonprofit entity, or other organization that is described in section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code of 1986, that has not been denied tax exempt status, and that has filed the most recently due annual information return with the Internal Revenue Service, if required to file such a return;
added “(xiv) a financial market utility designated by the Financial Stability Oversight Council under section 804 of the Dodd-Frank Wall Street Reform and Consumer Protection Act;
added “(xv) an insurance producer (as defined in section 334 of the Gramm-Leach-Bliley Act);
added “(xvi) any pooled investment vehicle that is operated or advised by a person described in clause (iii), (iv), (v), (vi), (viii), (ix), or (xi);
added “(xvii) any business concern that—
added “(I) employs more than 20 employees on a full-time basis in the United States;
added “(II) files income tax returns in the United States demonstrating more than $5,000,000 in gross receipts or sales; and
added “(III) has an operating presence at a physical office within the United States; or
added “(xviii) any corporation or limited liability company formed and owned by an entity described in this clause or in clause (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv), (xv), or (xvi); and
added “(D) do not include any individual business concern or class of business concerns which the Secretary of the Treasury and the Attorney General of the United States have jointly determined, by rule of otherwise, to be exempt from the requirements of subsection (a), if the Secretary and the Attorney General jointly determine that requiring beneficial ownership information from the business concern would not serve the public interest and would not assist law enforcement efforts to detect, prevent, or prosecute terrorism, money laundering, tax evasion, or other misconduct.
added “(5) Fincen—The term FinCEN means the Financial Crimes Enforcement Network of the Department of the Treasury.
added “(6) Indian country—The term Indian country has the meaning given that term in section 1151 of title 18.
added “(7) Indian tribe—The term Indian Tribe has the meaning given that term under section 102 of the Federally Recognized Indian Tribe List Act of 1994.
added “(8) Personal identification card—The term personal identification card means an identification document issued by a State, Indian Tribe, or local government to an individual solely for the purpose of identification of that individual.
added “(9) State—The term State means any State, commonwealth, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, or the United States Virgin Islands.”
added
Rulemaking—
added
In general— Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury shall issue regulations to carry out this division and the amendments made by this division, including, to the extent necessary, to clarify the definitions in section 5333(d) of title 31, United States Code.
added
Revision of final rule— Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury shall revise the final rule titled “Customer Due Diligence Requirements for Financial Institutions” (May 11, 2016; 81 Fed. Reg. 29397) to—
added
bring the rule into conformance with this division and the amendments made by this division;
added
account for financial institutions’ access to comprehensive beneficial ownership information filed by corporations and limited liability companies, under threat of civil and criminal penalties, under this division and the amendments made by this division; and
added
reduce any burdens on financial institutions that are, in light of the enactment of this division and the amendments made by this division, unnecessary or duplicative.
added
Conforming amendments— Title 31, United States Code, is amended—
added
in section 5321(a)—
added
in paragraph (1), by striking “sections 5314 and 5315” each place it appears and inserting “sections 5314, 5315, and 5333”; and
added
in paragraph (6), by inserting “(except section 5333)” after “subchapter” each place it appears; and
added
in section 5322, by striking “section 5315 or 5324” each place it appears and inserting “section 5315, 5324, or 5333”.
added
Table of contents— The table of contents of chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5332 the following:
added
Authorization of appropriations— There is authorized to be appropriated $20,000,000 for each of fiscal years 2021 and 2022 to the Financial Crimes Enforcement Network to carry out this division and the amendments made by this division.
added
Federal contractors— Not later than the first day of the first full fiscal year beginning at least 1 year after the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall revise the Federal Acquisition Regulation maintained under section 1303(a)(1) of title 41, United States Code, to require any contractor or subcontractor who is subject to the requirement to disclose beneficial ownership information under section 5333 of title 31, United States Code, to provide the information required to be disclosed under such section to the Federal Government as part of any bid or proposal for a contract with a value threshold in excess of the simplified acquisition threshold under section 134 of title 41, United States Code.
Sec. 6004 Studies and reports
added
added
Updating of beneficial ownership information—
added
Study— The Secretary of the Treasury, in consultation with the Attorney General of the United States, shall conduct a study to evaluate—
added
the necessity of a requirement for corporations and limited liability companies to update the list of their beneficial owners within a specified amount of time after the date of any change in the list of beneficial owners or the information required to be provided relating to each beneficial owner, taking into account the annual filings required under section 5333(a)(1)(B)(i) of title 31, United States Code, and the information contained in such annual filings; and
added
the burden that a requirement to update the list of beneficial owners within a specified period of time after a change in such list of beneficial owners would impose on corporations and limited liability companies.
added
Report— Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury shall submit a report on the study required under paragraph (1) to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.
added
Public comment— The Secretary of the Treasury shall seek and consider public input, comments, and data in order to conduct the study required under subparagraph paragraph (1).
added
Other legal entities— Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Congress a report—
added
identifying each State or Indian Tribe that has procedures that enable persons to form or register under the laws of the State or Indian Tribe partnerships, trusts, or other legal entities, and the nature of those procedures;
added
identifying each State or Indian Tribe that requires persons seeking to form or register partnerships, trusts, or other legal entities under the laws of the State or Indian Tribe to provide information about the beneficial owners (as that term is defined in section 5333(d)(1) of title 31, United States Code, as added by this division) or beneficiaries of such entities, and the nature of the required information;
added
evaluating whether the lack of available beneficial ownership information for partnerships, trusts, or other legal entities—
added
raises concerns about the involvement of such entities in terrorism, money laundering, tax evasion, securities fraud, or other misconduct;
added
has impeded investigations into entities suspected of such misconduct; and
added
increases the costs to financial institutions of complying with due diligence requirements imposed under the Bank Secrecy Act, the USA PATRIOT Act, or other applicable Federal, State, or Tribal law; and
added
evaluating whether the failure of the United States to require beneficial ownership information for partnerships and trusts formed or registered in the United States has elicited international criticism and what steps, if any, the United States has taken or is planning to take in response.
added
Effectiveness of incorporation practices— Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Congress a report assessing the effectiveness of incorporation practices implemented under this division and the amendments made by this division in—
added
providing law enforcement agencies with prompt access to reliable, useful, and complete beneficial ownership information; and
added
strengthening the capability of law enforcement agencies to combat incorporation abuses, civil and criminal misconduct, and detect, prevent, or punish terrorism, money laundering, tax evasion, or other misconduct.
added
Annual report on beneficial ownership information—
added
Report— The Secretary of the Treasury shall issue an annual report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate with respect to the beneficial ownership information collected pursuant to section 5333 of title 31, United States Code, that contains—
added
aggregate data on the number of beneficial owners per reporting corporation or limited liability company;
added
the industries or type of business of each reporting corporation or limited liability company; and
added
the locations of the beneficial owners.
added
Privacy— In issuing reports under paragraph (1), the Secretary shall not reveal the identities of beneficial owners or names of the reporting corporations or limited liability companies.
Sec. 6005 Definitions
addedadded In this division, the terms “Bank Secrecy Act”, beneficial owner, corporation, and limited liability company have the meaning given those terms, respectively, under section 5333(d) of title 31, United States Code.
Sec. 7001 Short title
addedadded This division may be cited as the “Coordinating Oversight, Upgrading and Innovating Technology, and Examiner Reform Act of 2019” or the “COUNTER Act of 2019”.
Sec. 7002 Bank Secrecy Act definition
addedadded Section 5312(a) of title 31, United States Code, is amended by adding at the end the following:
added “(7) Bank Secrecy Act—The term Bank Secrecy Act means—
added “(A) section 21 of the Federal Deposit Insurance Act;
added “(B) chapter 2 of title I of Public Law 91–508; and
added “(C) this subchapter.”
Sec. 7101 Improving the definition and purpose of the Bank Secrecy Act
addedadded Section 5311 of title 31, United States Code, is amended—
added
by inserting “to protect our national security, to safeguard the integrity of the international financial system, and” before “to require”; and
added
by inserting “to law enforcement and” before “in criminal”.
Sec. 7102 Special hiring authority
added
added
In general— Section 310 of title 31, United States Code, is amended—
added
by redesignating subsection (d) as subsection (g); and
added
by inserting after subsection (c) the following:
added “(d) Special hiring authority
added “(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.
added “(2) Primary responsibilities—The primary responsibility of candidates appointed pursuant to paragraph (1) shall be to provide substantive support in support of the duties described in subparagraphs (A), (B), (E), and (F) of subsection (b)(2).”
added
Report— Not later than 360 days after the date of enactment of this Act, and every year thereafter for 7 years, the Director of the Financial Crimes Enforcement Network shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that includes—
added
the number of new employees hired since the preceding report through the authorities described under section 310(d) of title 31, United States Code, along with position titles and associated pay grades for such hires; and
added
a copy of any Federal Government survey of staff perspectives at the Office of Terrorism and Financial Intelligence, including findings regarding the Office and the Financial Crimes Enforcement Network from the most recently administered Federal Employee Viewpoint Survey.
Sec. 7103 Civil Liberties and Privacy Officer
added
added
Appointment of Officers— Not later than the end of the 3-month period beginning on the date of enactment of this Act, a Civil Liberties and Privacy Officer shall be appointed, from among individuals who are attorneys with expertise in data privacy laws—
added
within each Federal functional regulator, by the head of the Federal functional regulator;
added
within the Financial Crimes Enforcement Network, by the Secretary of the Treasury; and
added
within the Internal Revenue Service Small Business and Self-Employed Tax Center, by the Secretary of the Treasury.
added
Duties— Each Civil Liberties and Privacy Officer shall, with respect to the applicable regulator, Network, or Center within which the Officer is located—
added
be consulted each time Bank Secrecy Act or anti-money laundering regulations affecting civil liberties or privacy are developed or reviewed;
added
be consulted on information-sharing programs, including those that provide access to personally identifiable information;
added
ensure coordination and clarity between anti-money laundering, civil liberties, and privacy regulations;
added
contribute to the evaluation and regulation of new technologies that may strengthen data privacy and the protection of personally identifiable information collected by each Federal functional regulator; and
added
develop metrics of program success.
added
Definitions— For purposes of this section:
added
Bank Secrecy Act— The term “Bank Secrecy Act” has the meaning given that term under section 5312 of title 31, United States Code.
added
Federal functional regulator— The term Federal functional regulator means the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Securities and Exchange Commission, and the Commodity Futures Trading Commission.
Sec. 7104 Civil Liberties and Privacy Council
added
added
Establishment— There is established the Civil Liberties and Privacy Council (hereinafter in this section referred to as the “Council”), which shall consist of the Civil Liberties and Privacy Officers appointed pursuant to section 7103.
added
Chair— The Director of the Financial Crimes Enforcement Network shall serve as the Chair of the Council.
added
Duty— The members of the Council shall coordinate on activities related to their duties as Civil Liberties Privacy Officers, but may not supplant the individual agency determinations on civil liberties and privacy.
added
Meetings— The meetings of the Council—
added
shall be at the call of the Chair, but in no case may the Council meet less than quarterly;
added
may include open and partially closed sessions, as determined necessary by the Council; and
added
shall include participation by public and private entities, law enforcement agencies, and a representative of State bank supervisors (as defined under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)).
added
Report— The Chair of the Council shall issue an annual report to the Congress on the program and policy activities, including the success of programs as measured by metrics of program success developed pursuant to section 7103(b)(5), of the Council during the previous year and any legislative recommendations that the Council may have.
added
Nonapplicability of FACA— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council.
Sec. 7105 International coordination
added
added
In general— The Secretary of the Treasury shall work with the Secretary’s foreign counterparts, including through the Financial Action Task Force, the International Monetary Fund, the World Bank, the Egmont Group of Financial Intelligence Units, the Organisation for Economic Co-operation and Development, and the United Nations, to promote stronger anti-money laundering frameworks and enforcement of anti-money laundering laws.
added
Cooperation goal— In carrying out subsection (a), the Secretary of the Treasury may work directly with foreign counterparts and other organizations where the goal of cooperation can best be met.
added
International Monetary Fund—
added
Support for capacity of the International Monetary Fund to prevent money laundering and financing of terrorism— Title XVI of the International Financial Institutions Act (22 U.S.C. 262p et seq.) is amended by adding at the end the following:
added “1629. Support for capacity of the International Monetary Fund to prevent money laundering and financing of terrorism
added “The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to support the increased use of the administrative budget of the Fund for technical assistance that strengthens the capacity of Fund members to prevent money laundering and the financing of terrorism.”
added
National Advisory Council report to Congress— The Chairman of the National Advisory Council on International Monetary and Financial Policies shall include in the report required by section 1701 of the International Financial Institutions Act (22 U.S.C. 262r) a description of—
added
the activities of the International Monetary Fund in the most recently completed fiscal year to provide technical assistance that strengthens the capacity of Fund members to prevent money laundering and the financing of terrorism, and the effectiveness of the assistance; and
added
the efficacy of efforts by the United States to support such technical assistance through the use of the Fund’s administrative budget, and the level of such support.
added
Sunset— Effective on the date that is the end of the 4-year period beginning on the date of enactment of this Act, section 1629 of the International Financial Institutions Act, as added by paragraph (1), is repealed.
Sec. 7106 Treasury Attachés Program
added
added
In general— Title 31, United States Code, is amended by inserting after section 315 the following:
added “316. Treasury Attachés Program
added “(a) In general—There is established the Treasury Attachés Program, under which the Secretary of the Treasury shall appoint employees of the Department of the Treasury, after nomination by the Director of the Financial Crimes Enforcement Network (“FinCEN”), as a Treasury attaché, who shall—
added “(1) be knowledgeable about the Bank Secrecy Act and anti-money laundering issues;
added “(2) be co-located in a United States embassy;
added “(3) perform outreach with respect to Bank Secrecy Act and anti-money laundering issues;
added “(4) establish and maintain relationships with foreign counterparts, including employees of ministries of finance, central banks, and other relevant official entities;
added “(5) conduct outreach to local and foreign financial institutions and other commercial actors, including—
added “(A) information exchanges through FinCEN and FinCEN programs; and
added “(B) soliciting buy-in and cooperation for the implementation of—
added “(i) United States and multilateral sanctions; and
added “(ii) international standards on anti-money laundering and the countering of the financing of terrorism; and
added “(6) perform such other actions as the Secretary determines appropriate.
added “(b) Number of attachés—The number of Treasury attachés 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 attachés on March 1, 2020.
added “(c) Compensation—Each Treasury attaché appointed under this section and located at a United States embassy shall receive compensation at the higher of—
added “(1) the rate of compensation provided to a Foreign Service officer at a comparable career level serving at the same embassy; or
added “(2) the rate of compensation the Treasury attaché would otherwise have received, absent the application of this subsection.
added “(d) Bank Secrecy Act defined—In this section, the term Bank Secrecy Act has the meaning given that term under section 5312.”
added
Clerical amendment— The table of contents for chapter 3 of title 31, United States Code, is amended by inserting after the item relating to section 315 the following:
Sec. 7107 Increasing technical assistance for international cooperation
added
added
In general— There is authorized to be appropriated for each of fiscal years 2021 through 2025 to the Secretary of the Treasury for purposes of providing technical assistance that promotes compliance with international standards and best practices, including in particular those aimed at the establishment of effective anti-money laundering and countering the financing of terrorism regimes, in an amount equal to twice the amount authorized for such purpose for fiscal year 2020.
added
Activity and evaluation report— Not later than 360 days after enactment of this Act, and every year thereafter for 5 years, the Secretary of the Treasury shall issue a report to the Congress on the assistance (as described under subsection (a)) of the Office of Technical Assistance of the Department of the Treasury containing—
added
a narrative detailing the strategic goals of the Office in the previous year, with an explanation of how technical assistance provided in the previous year advances the goals;
added
a description of technical assistance provided by the Office in the previous year, including the objectives and delivery methods of the assistance;
added
a list of beneficiaries and providers (other than Office staff) of the technical assistance;
added
a description of how technical assistance provided by the Office complements, duplicates, or otherwise affects or is affected by technical assistance provided by the international financial institutions (as defined under section 1701(c) of the International Financial Institutions Act); and
added
a copy of any Federal Government survey of staff perspectives at the Office of Technical Assistance, including any findings regarding the Office from the most recently administered Federal Employee Viewpoint Survey.
Sec. 7108 FinCEN Domestic Liaisons
addedadded Section 310 of title 31, United States Code, as amended by section 7102, is further amended by inserting after subsection (d) the following:
added “(e) FinCEN Domestic Liaisons
added “(1) In general—The Director of FinCEN shall appoint at least 6 senior FinCEN employees as FinCEN Domestic Liaisons, who shall—
added “(A) each be assigned to focus on a specific region of the United States;
added “(B) be located at an office in such region (or co-located at an office of the Board of Governors of the Federal Reserve System in such region); and
added “(C) perform outreach to BSA officers at financial institutions (including non-bank financial institutions) and persons who are not financial institutions, especially with respect to actions taken by FinCEN that require specific actions by, or have specific effects on, such institutions or persons, as determined by the Director.
added “(2) Definitions—In this subsection:
added “(A) BSA officer—The term “BSA officer” means an employee of a financial institution whose primary job responsibility involves compliance with the Bank Secrecy Act, as such term is defined under section 5312.
added “(B) Financial institution—The term financial institution has the meaning given that term under section 5312.”
Sec. 7109 FinCEN Exchange
addedadded Section 310 of title 31, United States Code, as amended by section 7108, is further amended by inserting after subsection (e) the following:
added “(f) FinCEN Exchange
added “(1) Establishment—The FinCEN Exchange is hereby established within FinCEN, which shall consist of the FinCEN Exchange program of FinCEN in existence on the day before the date of enactment of this paragraph.
added “(2) Purpose—The FinCEN Exchange shall facilitate a voluntary public-private information sharing partnership among law enforcement, financial institutions, and FinCEN to—
added “(A) effectively and efficiently combat money laundering, terrorism financing, organized crime, and other financial crimes;
added “(B) protect the financial system from illicit use; and
added “(C) promote national security.
added “(3) Report
added “(A) In general—Not later than 1 year after the date of enactment of this subsection, and annually thereafter for the next 5 years, the Secretary of the Treasury shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report containing—
added “(i) an analysis of the efforts undertaken by the FinCEN Exchange and the results of such efforts;
added “(ii) an analysis of the extent and effectiveness of the FinCEN Exchange, including any benefits realized by law enforcement from partnership with financial institutions; and
added “(iii) any legislative, administrative, or other recommendations the Secretary may have to strengthen FinCEN Exchange efforts.
added “(B) Classified annex—Each report under subparagraph (A) may include a classified annex.
added “(4) Information sharing requirement—Information shared pursuant to this subsection shall be shared in compliance with all other applicable Federal laws and regulations.
added “(5) Rule of construction—Nothing under this subsection may be construed to create new information sharing authorities related to the Bank Secrecy Act (as such term is defined under section 5312 of title 31, United States Code).
added “(6) Financial institution defined—In this subsection, the term “financial institution” has the meaning given that term under section 5312.”
Sec. 7110 Study and strategy on trade-based money laundering
added
added
Study— The Secretary of the Treasury shall carry out a study, in consultation with appropriate private sector stakeholders and Federal departments and agencies, on trade-based money laundering.
added
Report— Not later than the end of the 1-year period beginning on the date of the enactment of this Act, the Secretary shall issue a report to the Congress containing—
added
all findings and determinations made in carrying out the study required under subsection (a); and
added
proposed strategies to combat trade-based money laundering.
added
Classified annex— The report required under this section may include a classified annex.
added
Contracting authority— The Secretary may contract with a private third-party to carry out the study required under this section. The authority of the Secretary to enter into contracts under this subsection shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts.
Sec. 7111 Study and strategy on de-risking
added
added
Review— The Secretary of the Treasury, in consultation with appropriate private sector stakeholders, examiners, the Federal functional regulators (as defined under section 7103), State bank supervisors, and other relevant stakeholders, shall undertake a formal review of—
added
any adverse consequences of financial institutions de-risking entire categories of relationships, including charities, embassy accounts, money services businesses (as defined under section 1010.100(ff) of title 31, Code of Federal Regulations) and their agents, countries, international and domestic regions, and respondent banks;
added
the reasons why financial institutions are engaging in de-risking;
added
the association with and effects of de-risking on money laundering and financial crime actors and activities;
added
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—
added
more effectively tailor Federal actions and penalties to the size of foreign financial institutions and any capacity limitations of foreign governments; and
added
reduce compliance costs that may lead to the adverse consequences described in paragraph (1);
added
formal and informal feedback provided by examiners that may have led to de-risking;
added
the relationship between resources dedicated to compliance and overall sophistication of compliance efforts at entities that may be experiencing de-risking versus those that have not experienced de-risking; and
added
any best practices from the private sector that facilitate correspondent bank relationships.
added
De-Risking strategy— The Secretary shall develop a strategy to reduce de-risking and adverse consequences related to de-risking.
added
Report— Not later than the end of the 1-year period beginning on the date of the enactment of this Act, the Secretary, in consultation with the Federal functional regulators, State bank supervisors, and other relevant stakeholders, shall issue a report to the Congress containing—
added
all findings and determinations made in carrying out the study required under subsection (a); and
added
the strategy developed pursuant to subsection (b).
added
Definitions— In this section:
added
De-risking— The term de-risking means the wholesale closing of accounts or limiting of financial services for a category of customer due to unsubstantiated risk as it relates to compliance with the Bank Secrecy Act.
added
BSA terms— The terms Bank Secrecy Act and financial institution have the meaning given those terms, respectively, under section 5312 off title 31, United States Code.
added
State bank supervisor— The term “State bank supervisor” has the meaning given that term under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).
Sec. 7112 AML examination authority delegation study
added
added
Study— The Secretary of the Treasury, in consultation with State bank supervisors (as defined under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) and other relevant stakeholders, shall carry out a study on the Secretary’s delegation of examination authority under the Bank Secrecy Act, including—
added
an evaluation of the efficacy of the delegation, especially with respect to the mission of the Bank Secrecy Act;
added
whether the delegated agencies have appropriate resources to perform their delegated responsibilities; and
added
whether the examiners in delegated agencies have sufficient training and support to perform their responsibilities.
added
Report— Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report containing—
added
all findings and determinations made in carrying out the study required under subsection (a); and
added
recommendations to improve the efficacy of delegation authority, including the potential for de-delegation of any or all such authority where it may be appropriate.
added
Bank Secrecy Act defined— The term Bank Secrecy Act has the meaning given that term under section 5312 of title 31, United States Code.
Sec. 7113 Study and strategy on Chinese money laundering
added
added
Study— The Secretary of the Treasury shall carry out a study on the extent and effect of Chinese money laundering activities in the United States, including territories and possessions of the United States, and worldwide.
added
Strategy To combat Chinese money laundering— Upon the completion of the study required under subsection (a), the Secretary shall, in consultation with such other Federal departments and agencies as the Secretary determines appropriate, develop a strategy to combat Chinese money laundering activities.
added
Report— Not later than the end of the 1-year period beginning on the date of enactment of this Act, the Secretary of the Treasury shall issue a report to Congress containing—
added
all findings and determinations made in carrying out the study required under subsection (a); and
added
the strategy developed under subsection (b).
Sec. 7201 Pilot program on sharing of suspicious activity reports within a financial group
added
added
In general—
added
Sharing with foreign branches and affiliates— Section 5318(g) of title 31, United States Code, is amended by adding at the end the following:
added “(5) Pilot program on sharing with foreign branches, subsidiaries, and affiliates
added “(A) In general—The Secretary of the Treasury shall issue rules establishing the pilot program described under subparagraph (B), subject to such controls and restrictions as the Director of the Financial Crimes Enforcement Network determines appropriate, including controls and restrictions regarding participation by financial institutions and jurisdictions in the pilot program. In prescribing such rules, the Secretary shall ensure that the sharing of information described under such subparagraph (B) is subject to appropriate standards and requirements regarding data security and the confidentiality of personally identifiable information.
added “(B) Pilot program described—The pilot program required under this paragraph shall—
added “(i) permit a financial institution with a reporting obligation under this subsection to share reports (and information on such reports) under this subsection with the institution’s foreign branches, subsidiaries, and affiliates for the purpose of combating illicit finance risks, notwithstanding any other provision of law except subparagraphs (A) and (C);
added “(ii) terminate on the date that is 5 years after the date of enactment of this paragraph, except that the Secretary may extend the pilot program for up to 2 years upon submitting a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that includes—
added “(I) a certification that the extension is in the national interest of the United States, with a detailed explanation of the reasons therefor;
added “(II) an evaluation of the usefulness of the pilot program, including a detailed analysis of any illicit activity identified or prevented as a result of the program; and
added “(III) a detailed legislative proposal providing for a long-term extension of the pilot program activities, including expected budgetary resources for the activities, if the Secretary determines that a long-term extension is appropriate.
added “(C) Prohibition involving certain jurisdictions—In issuing the regulations required under subparagraph (A), the Secretary may not permit a financial institution to share information on reports under this subsection with a foreign branch, subsidiary, or affiliate located in—
added “(i) the People’s Republic of China;
added “(ii) the Russian Federation; or
added “(iii) a jurisdiction that—
added “(I) is subject to countermeasures imposed by the Federal Government;
added “(II) is a state sponsor of terrorism; or
added “(III) the Secretary has determined cannot reasonably protect the privacy and confidentiality of such information or would otherwise use such information in a manner that is not consistent with the national interest of the United States.
added “(D) Implementation updates—Not later than 360 days after the date rules are issued under subparagraph (A), and annually thereafter for 3 years, the Secretary, or the Secretary’s designee, shall brief the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on—
added “(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;
added “(ii) the effectiveness of the pilot program in identifying or preventing the violation of a United States law or regulation, and mechanisms that may improve such effectiveness; and
added “(iii) any recommendations to amend the design of the pilot program.
added “(E) Rule of construction—Nothing in this paragraph shall be construed as limiting the Secretary’s authority under provisions of law other than this paragraph to establish other permissible purposes or methods for a financial institution sharing reports (and information on such reports) under this subsection with the institution’s foreign headquarters or with other branches of the same institution.
added “(F) Notice of use of other authority—If the Secretary, pursuant to any authority other than that provided under this paragraph, permits a financial institution to share information on reports under this subsection with a foreign branch, subsidiary, or affiliate located in a foreign jurisdiction, the Secretary shall notify the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of such permission and the applicable foreign jurisdiction.
added “(6) Treatment of foreign jurisdiction-originated reports—A report received by a financial institution from a foreign affiliate with respect to a suspicious transaction relevant to a possible violation of law or regulation shall be subject to the same confidentiality requirements provided under this subsection for a report of a suspicious transaction described under paragraph (1).”
added
Notification prohibitions— Section 5318(g)(2)(A) of title 31, United States Code, is amended—
added
in clause (i), by inserting after “transaction has been reported” the following: “or otherwise reveal any information that would reveal that the transaction has been reported”; and
added
in clause (ii), by inserting after “transaction has been reported,” the following: “or otherwise reveal any information that would reveal that the transaction has been reported,”.
added
Rulemaking— Not later than the end of the 360-day period beginning on the date of enactment of this Act, the Secretary of the Treasury shall issue regulations to carry out the amendments made by this section.
Sec. 7202 Sharing of compliance resources
added
added
In general— Section 5318 of title 31, United States Code, is amended by adding at the end the following:
added “(o) Sharing of compliance resources
added “(1) Sharing permitted—Two or more financial institutions may enter into collaborative arrangements in order to more efficiently comply with the requirements of this subchapter.
added “(2) Outreach—The Secretary of the Treasury and the appropriate supervising agencies shall carry out an outreach program to provide financial institutions with information, including best practices, with respect to the sharing of resources described under paragraph (1).”
added
Rule of construction— The amendment made by subsection (a) may not be construed to require financial institutions to share resources.
Sec. 7203 GAO Study on feedback loops
added
added
Study— The Comptroller General of the United States shall carry out a study on—
added
best practices within the United States Government for providing feedback (“feedback loop”) to relevant parties (including regulated private entities) on the usage and usefulness of personally identifiable information (“PII”), sensitive-but-unclassified (“SBU”) data, or similar information provided by such parties to Government users of such information and data (including law enforcement or regulators); and
added
any practices or standards inside or outside the United States for providing feedback through sensitive information and public-private partnership information sharing efforts, specifically related to efforts to combat money laundering and other forms of illicit finance.
added
Report— Not later than the end of the 18-month period beginning on the date of the enactment of this Act, the Comptroller General shall issue a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives containing—
added
all findings and determinations made in carrying out the study required under subsection (a);
added
with respect to each of paragraphs (1) and (2) of subsection (a), any best practices or significant concerns identified by the Comptroller General, and their applicability to public-private partnerships and feedback loops with respect to United States efforts to combat money laundering and other forms of illicit finance; and
added
recommendations to reduce or eliminate any unnecessary Government collection of the information described under subsection (a)(1).
Sec. 7204 FinCEN study on BSA value
added
added
Study— The Director of the Financial Crimes Enforcement Network shall carry out a study on Bank Secrecy Act value.
added
Report— Not later than the end of the 30-day period beginning on the date the study under subsection (a) is completed, the Director shall issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate containing all findings and determinations made in carrying out the study required under this section.
added
Classified annex— The report required under this section may include a classified annex, if the Director determines it appropriate.
added
Bank Secrecy Act defined— For purposes of this section, the term Bank Secrecy Act has the meaning given that term under section 5312 of title 31, United States Code.
Sec. 7205 Sharing of threat pattern and trend information
addedadded Section 5318(g) of title 31, United States Code, as amended by section 7201(a)(1), is further amended by adding at the end the following:
added “(7) Sharing of threat pattern and trend information
added “(A) SAR Activity Review—The Director of the Financial Crimes Enforcement Network shall restart publication of the “SAR Activity Review – Trends, Tips & Issues”, on not less than a semi-annual basis, to provide meaningful information about the preparation, use, and value of reports filed under this subsection by financial institutions, as well as other reports filed by financial institutions under the Bank Secrecy Act.
added “(B) Inclusion of typologies—In each publication described under subparagraph (A), the Director shall provide financial institutions with typologies, including data that can be adapted in algorithms (including for artificial intelligence and machine learning programs) where appropriate, on emerging money laundering and counter terror financing threat patterns and trends.
added “(C) Typology defined—For purposes of this paragraph, the term “typology” means the various techniques used to launder money or finance terrorism.”
Sec. 7206 Modernization and upgrading whistleblower protections
added
added
Rewards— Section 5323(d) of title 31, United States Code, is amended to read as follows:
added “(d) Source of rewards—For the purposes of paying a reward under this section, the Secretary may, subject to amounts made available in advance by appropriation Acts, use criminal fine, civil penalty, or forfeiture amounts recovered based on the original information with respect to which the reward is being paid.”
added
Whistleblower incentives— Chapter 53 of title 31, United States Code, is amended—
added
by inserting after section 5323 the following:
added “5323A. Whistleblower incentives
added “(a) Definitions—In this section:
added “(1) Covered judicial or administrative action—The term covered judicial or administrative action means any judicial or administrative action brought by FinCEN under the Bank Secrecy Act that results in monetary sanctions exceeding $1,000,000.
added “(2) FinCEN—The term FinCEN means the Financial Crimes Enforcement Network.
added “(3) Monetary sanctions—The term monetary sanctions, when used with respect to any judicial or administrative action, means—
added “(A) any monies, including penalties, disgorgement, and interest, ordered to be paid; and
added “(B) any monies deposited into a disgorgement fund as a result of such action or any settlement of such action.
added “(4) Original information—The term original information means information that—
added “(A) is derived from the independent knowledge or analysis of a whistleblower;
added “(B) is not known to FinCEN from any other source, unless the whistleblower is the original source of the information; and
added “(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.
added “(5) Related action—The term related action, when used with respect to any judicial or administrative action brought by FinCEN, means any judicial or administrative action that is based upon original information provided by a whistleblower that led to the successful enforcement of the action.
added “(6) Secretary—The term Secretary means the Secretary of the Treasury.
added “(7) Whistleblower—The term whistleblower means any individual who provides, or 2 or more individuals acting jointly who provide, information relating to a violation of laws enforced by FinCEN, in a manner established, by rule or regulation, by FinCEN.
added “(b) Awards
added “(1) In general—In any covered judicial or administrative action, or related action, the Secretary, under such rules as the Secretary may issue and subject to subsection (c), shall pay an award or awards to 1 or more whistleblowers who voluntarily provided original information to FinCEN that led to the successful enforcement of the covered judicial or administrative action, or related action, in an aggregate amount equal to not more than 30 percent, in total, of what has been collected of the monetary sanctions imposed in the action.
added “(2) Source of awards—For the purposes of paying any award under paragraph (1), the Secretary may, subject to amounts made available in advance by appropriation Acts, use monetary sanction amounts recovered based on the original information with respect to which the award is being paid.
added “(c) Determination of amount of award; denial of award
added “(1) Determination of amount of award
added “(A) Discretion—The determination of the amount of an award made under subsection (b) shall be in the discretion of the Secretary.
added “(B) Criteria—In responding to a disclosure and determining the amount of an award made, FinCEN staff shall meet with the whistleblower to discuss evidence disclosed and rebuttals to the disclosure, and shall take into consideration—
added “(i) the significance of the information provided by the whistleblower to the success of the covered judicial or administrative action;
added “(ii) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in a covered judicial or administrative action;
added “(iii) the mission of FinCEN in deterring violations of the law by making awards to whistleblowers who provide information that lead to the successful enforcement of such laws; and
added “(iv) such additional relevant factors as the Secretary may establish by rule.
added “(2) Denial of award—No award under subsection (b) shall be made—
added “(A) to any whistleblower who is, or was at the time the whistleblower acquired the original information submitted to FinCEN, a member, officer, or employee of—
added “(i) an appropriate regulatory agency;
added “(ii) the Department of Justice;
added “(iii) a self-regulatory organization; or
added “(iv) a law enforcement organization;
added “(B) to any whistleblower who is convicted of a criminal violation, or who the Secretary has a reasonable basis to believe committed a criminal violation, related to the judicial or administrative action for which the whistleblower otherwise could receive an award under this section;
added “(C) to any whistleblower who gains the information through the performance of an audit of financial statements required under the Bank Secrecy Act and for whom such submission would be contrary to its requirements; or
added “(D) to any whistleblower who fails to submit information to FinCEN in such form as the Secretary may, by rule, require.
added “(3) Statement of reasons—For any decision granting or denying an award, the Secretary shall provide to the whistleblower a statement of reasons that includes findings of fact and conclusions of law for all material issues.
added “(d) Representation
added “(1) Permitted representation—Any whistleblower who makes a claim for an award under subsection (b) may be represented by counsel.
added “(2) Required representation
added “(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.
added “(B) Disclosure of identity—Prior to the payment of an award, a whistleblower shall disclose their identity and provide such other information as the Secretary may require, directly or through counsel for the whistleblower.
added “(e) Appeals—Any determination made under this section, including whether, to whom, or in what amount to make awards, shall be in the discretion of the Secretary. Any such determination, except the determination of the amount of an award if the award was made in accordance with subsection (b), may be appealed to the appropriate court of appeals of the United States not more than 30 days after the determination is issued by the Secretary. The court shall review the determination made by the Secretary in accordance with section 706 of title 5.
added “(f) Employee protections—The Secretary of the Treasury shall issue regulations protecting a whistleblower from retaliation, which shall be as close as practicable to the employee protections provided for under section 1057 of the Consumer Financial Protection Act of 2010.”
added
in the table of contents for such chapter, by inserting after the item relating to section 5323 the following new item:
Sec. 7207 Certain violators barred from serving on boards of United States financial institutions
addedadded Section 5321 of title 31, United States Code, is amended by adding at the end the following:
added “(f) Certain violators barred from serving on boards of United States financial institutions
added “(1) In general—An individual found to have committed an egregious violation of a provision of (or rule issued under) the Bank Secrecy Act shall be barred from serving on the board of directors of a United States financial institution for a 10-year period beginning on the date of such finding.
added “(2) Egregious violation defined—With respect to an individual, the term egregious violation means—
added “(A) a felony criminal violation for which the individual was convicted; and
added “(B) a civil violation where the individual willfully committed such violation and the violation facilitated money laundering or the financing of terrorism.”
Sec. 7208 Additional damages for repeat Bank Secrecy Act violators
added
added
In general— Section 5321 of title 31, United States Code, as amended by section 7208, is further amended by adding at the end the following:
added “(g) Additional damages for repeat violators—In addition to any other fines permitted by this section and section 5322, with respect to a person who has previously been convicted of a criminal provision of (or rule issued under) the Bank Secrecy Act or who has admitted, as part of a deferred- or non-prosecution agreement, to having previously committed a violation of a criminal provision of (or rule issued under) the Bank Secrecy Act, the Secretary may impose an additional civil penalty against such person for each additional such violation in an amount equal to up three times the profit gained or loss avoided by such person as a result of the violation.”
added
Prospective application of amendment— For purposes of determining whether a person has committed a previous violation under section 5321(g) of title 31, United States Code, such determination shall only include violations occurring after the date of enactment of this Act.
Sec. 7209 Justice annual report on deferred and non-prosecution agreements
added
added
Annual report— The Attorney General shall issue an annual report, every year for the 5 years beginning on the date of enactment of this Act, to the Committees on Financial Services and the Judiciary of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and the Judiciary of the Senate containing—
added
a list of deferred prosecution agreements and non-prosecution agreements that the Attorney General has entered into during the previous year with any person with respect to a violation or suspected violation of the Bank Secrecy Act;
added
the justification for entering into each such agreement;
added
the list of factors that were taken into account in determining that the Attorney General should enter into each such agreement; and
added
the extent of coordination the Attorney General conducted with the Financial Crimes Enforcement Network prior to entering into each such agreement.
added
Classified annex— Each report under subsection (a) may include a classified annex.
added
Bank Secrecy Act defined— For purposes of this section, the term Bank Secrecy Act has the meaning given that term under section 5312 of title 31, United States Code.
Sec. 7210 Return of profits and bonuses
added
added
In general— Section 5322 of title 31, United States Code, is amended by adding at the end the following:
added “(e) Return of profits and bonuses—A person convicted of violating a provision of (or rule issued under) the Bank Secrecy Act shall—
added “(1) in addition to any other fine under this section, be fined in an amount equal to the profit gained by such person by reason of such violation, as determined by the court; and
added “(2) if such person is an individual who was a partner, director, officer, or employee of a financial institution at the time the violation occurred, repay to such financial institution any bonus paid to such individual during the Federal fiscal year in which the violation occurred or the Federal fiscal year after which the violation occurred.”
added
Rule of construction— The amendment made by subsection (a) may not be construed to prohibit a financial institution from requiring the repayment of a bonus paid to a partner, director, officer, or employee if the financial institution determines that the partner, director, officer, or employee engaged in unethical, but non-criminal, activities.
Sec. 7211 Application of Bank Secrecy Act to dealers in antiquities
added
added
In general— Section 5312(a)(2) of title 31, United States Code, is amended—
added
in subparagraph (Y), by striking “or” at the end;
added
by redesignating subparagraph (Z) as subparagraph (AA); and
added
by inserting after subsection (Y) the following:
added “(Z) a person trading or acting as an intermediary in the trade of antiquities, including an advisor, consultant or any other person who engages as a business in the solicitation of the sale of antiquities; or”
added
Study on the facilitation of money laundering and terror finance through the trade of works of art or antiquities—
added
Study— The Secretary of the Treasury, in coordination with Federal Bureau of Investigation, the Attorney General, and Homeland Security Investigations, shall perform a study on the facilitation of money laundering and terror finance through the trade of works of art or antiquities, including an analysis of—
added
the extent to which the facilitation of money laundering and terror finance through the trade of works of art or antiquities may enter or affect the financial system of the United States, including any qualitative data or statistics;
added
whether thresholds and definitions should apply in determining which entities to regulate;
added
an evaluation of which markets, by size, entity type, domestic or international geographical locations, or otherwise, should be subject to regulations, but only to the extent such markets are not already required to report on the trade of works of art or antiquities to the Federal Government;
added
an evaluation of whether certain exemptions should apply; and
added
any other points of study or analysis the Secretary determines necessary or appropriate.
added
Report— Not later than the end of the 180-day period beginning on the date of the enactment of this Act, the Secretary of the Treasury shall issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate containing all findings and determinations made in carrying out the study required under paragraph (1).
added
Rulemaking— Not later than the end of the 180-day period beginning on the date the Secretary issues the report required under subsection (b)(2), the Secretary shall issue regulations to carry out the amendments made by subsection (a).
Sec. 7212 Geographic targeting order
addedadded The Secretary of the Treasury shall issue a geographic targeting order, similar to the order issued by the Financial Crimes Enforcement Network on November 15, 2018, that—
added
applies to commercial real estate to the same extent, with the exception of having the same thresholds, as the order issued by FinCEN on November 15, 2018, applies to residential real estate; and
added
establishes a specific threshold for commercial real estate.
Sec. 7213 Study and revisions to currency transaction reports and suspicious activity reports
added
added
Currency transaction reports—
added
CTR indexed for inflation—
added
In general— Every 5 years after the date of enactment of this Act, the Secretary of the Treasury shall revise regulations issued with respect to section 5313 of title 31, United States Code, to update each $10,000 threshold amount in such regulation to reflect the change in the Consumer Price Index for All Urban Consumers published by the Department of Labor, rounded to the nearest $100. For purposes of calculating the change described in the previous sentence, the Secretary shall use $10,000 as the base amount and the date of enactment of this Act as the base date.
added
Exception— Notwithstanding subparagraph (A), the Secretary may make appropriate adjustments to the threshold amounts described under subparagraph (A) in high-risk areas (e.g., High Intensity Financial Crime Areas or HIFCAs), if the Secretary has demonstrable evidence that shows a threshold raise would increase serious crimes, such as trafficking, or endanger national security.
added
GAO ctr study—
added
Study— The Comptroller General of the United States shall carry out a study of currency transaction reports. Such study shall include—
added
a review (carried out in consultation with the Secretary of the Treasury, the Financial Crimes Enforcement Network, the United States Attorney General, the State Attorneys General, and State, Tribal, and local law enforcement) of the effectiveness of the current currency transaction reporting regime;
added
an analysis of the importance of currency transaction reports to law enforcement; and
added
an analysis of the effects of raising the currency transaction report threshold.
added
Report— Not later than the end of the 1-year period beginning on the date of enactment of this Act, the Comptroller General shall issue a report to the Secretary of the Treasury and the Congress containing—
added
all findings and determinations made in carrying out the study required under subparagraph (A); and
added
recommendations for improving the current currency transaction reporting regime.
added
Modified SARs study and design—
added
Study— The Director of the Financial Crimes Enforcement Network shall carry out a study, in consultation with industry stakeholders (including money services businesses, community banks, and credit unions), the Federal functional regulators, State bank supervisors, and law enforcement, of the design of a modified suspicious activity report form for certain customers and activities. Such study shall include—
added
an examination of appropriate optimal SARs thresholds to determine the level at which a modified SARs form could be employed;
added
an evaluation of which customers or transactions would be appropriate for a modified SAR, including—
added
seasoned business customers;
added
financial technology (Fintech) firms;
added
structuring transactions; and
added
any other customer or transaction that may be appropriate for a modified SAR; and
added
an analysis of the most effective methods to reduce the regulatory burden imposed on financial institutions in complying with the Bank Secrecy Act, including an analysis of the effect of—
added
modifying thresholds;
added
shortening forms;
added
combining Bank Secrecy Act forms;
added
filing reports in periodic batches; and
added
any other method that may reduce the regulatory burden.
added
Study considerations— In carrying out the study required under paragraph (1), the Director shall seek to balance law enforcement priorities, regulatory burdens experienced by financial institutions, and the requirement for reports to have a “high degree of usefulness to law enforcement” under the Bank Secrecy Act.
added
Report— Not later than the end of the 1-year period beginning on the date of enactment of this Act, the Director shall issue a report to Congress containing—
added
all findings and determinations made in carrying out the study required under subsection (a); and
added
sample designs of modified SARs forms based on the study results.
added
Contracting authority— The Director may contract with a private third-party to carry out the study required under this subsection. The authority of the Director to enter into contracts under this paragraph shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts.
added
Definitions— For purposes of this section:
added
Bank Secrecy Act— The term “Bank Secrecy Act” has the meaning given that term under section 5312 of title 31, United States Code.
added
Federal functional regulator— The term “Federal functional regulator” has the meaning given that term under section 7103.
added
Regulatory burden— The term “regulatory burden” means the man-hours to complete filings, cost of data collection and analysis, and other considerations of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act).
added
SAR; suspicious activity report— The term “SAR” and “suspicious activity report” mean a report of a suspicious transaction under section 5318(g) of title 31, United States Code.
added
Seasoned Business Customer— The term “seasoned business customer”, shall have such meaning as the Secretary of the Treasury shall prescribe, which shall include any person that—
added
is incorporated or organized under the laws of the United States or any State, or is registered as, licensed by, or otherwise eligible to do business within the United States, a State, or political subdivision of a State;
added
has maintained an account with a financial institution for a length of time as determined by the Secretary; and
added
meet such other requirements as the Secretary may determine necessary or appropriate.
added
State bank supervisor— The term “State bank supervisor” has the meaning given that term under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).
Sec. 7214 Streamlining requirements for currency transaction reports and suspicious activity reports
added
added
Review— The Secretary of the Treasury (in consultation with Federal law enforcement agencies, the Director of National Intelligence, the Federal functional regulators, State bank supervisors, and other relevant stakeholders) shall undertake a formal review of the current financial institution reporting requirements under the Bank Secrecy Act and its implementing regulations and propose changes to further reduce regulatory burdens, and ensure that the information provided is of a “high degree of usefulness” to law enforcement, as set forth under section 5311 of title 31, United States Code.
added
Contents— The review required under subsection (a) shall include a study of—
added
whether the timeframe for filing a suspicious activity report should be increased from 30 days;
added
whether or not currency transaction report and suspicious activity report thresholds should be tied to inflation or otherwise periodically be adjusted;
added
whether the circumstances under which a financial institution determines whether to file a “continuing suspicious activity report”, or the processes followed by a financial institution in determining whether to file a “continuing suspicious activity report” (or both) can be narrowed;
added
analyzing the fields designated as “critical” on the suspicious activity report form and whether the number of fields should be reduced;
added
the increased use of exemption provisions to reduce currency transaction reports that are of little or no value to law enforcement efforts;
added
the current financial institution reporting requirements under the Bank Secrecy Act and its implementing regulations and guidance; and
added
such other items as the Secretary determines appropriate.
added
Report— Not later than the end of the 1-year period beginning on the date of the enactment of this Act, the Secretary of the Treasury, in consultation with law enforcement and persons subject to Bank Secrecy Act requirements, shall issue a report to the Congress containing all findings and determinations made in carrying out the review required under subsection (a).
added
Definitions— For purposes of this section:
added
Federal functional regulator— The term “Federal functional regulator” has the meaning given that term under section 7103.
added
State bank supervisor— The term “State bank supervisor” has the meaning given that term under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).
added
Other terms— The terms “Bank Secrecy Act” and “financial institution” have the meaning given those terms, respectively, under section 5312 of title 31, United States Code.
Sec. 7301 Encouraging innovation in BSA compliance
addedadded Section 5318 of title 31, United States Code, as amended by section 7202, is further amended by adding at the end the following:
added “(p) Encouraging innovation in compliance
added “(1) In general—The Federal functional regulators shall encourage financial institutions to consider, evaluate, and, where appropriate, responsibly implement innovative approaches to meet the requirements of this subchapter, including through the use of innovation pilot programs.
added “(2) Exemptive relief—The Secretary, pursuant to subsection (a), may provide exemptions from the requirements of this subchapter if the Secretary determines such exemptions are necessary to facilitate the testing and potential use of new technologies and other innovations.
added “(3) Rule of construction—This subsection may not be construed to require financial institutions to consider, evaluate, or implement innovative approaches to meet the requirements of the Bank Secrecy Act.
added “(4) Federal functional regulator defined—In this subsection, the term Federal functional regulator means the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Securities and Exchange Commission, and the Commodity Futures Trading Commission.”
Sec. 7302 Innovation Labs
added
added
In general— Subchapter II of chapter 53 of title 31, United States Code, is amended by adding at the end the following:
added “5333. Innovation Labs
added “(a) Establishment—There is established within the Department of the Treasury and each Federal functional regulator an Innovation Lab.
added “(b) Director—The head of each Innovation Lab shall be a Director, to be appointed by the Secretary of the Treasury or the head of the Federal functional regulator, as applicable.
added “(c) Duties—The duties of the Innovation Lab shall be—
added “(1) to provide outreach to law enforcement agencies, State bank supervisors, financial institutions, and other persons (including vendors and technology companies) with respect to innovation and new technologies that may be used to comply with the requirements of the Bank Secrecy Act;
added “(2) to support the implementation of responsible innovation and new technology, in a manner that complies with the requirements of the Bank Secrecy Act;
added “(3) to explore opportunities for public-private partnerships; and
added “(4) to develop metrics of success.
added “(d) FinCEN lab—The Innovation Lab established under subsection (a) within the Department of the Treasury shall be a lab within the Financial Crimes Enforcement Network.
added “(e) Definitions—In this section:
added “(1) Federal functional regulator—The term Federal functional regulator means the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Securities and Exchange Commission, and the Commodity Futures Trading Commission.
added “(2) State bank supervisor—The term “State bank supervisor” has the meaning given that term under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).”
added
Clerical amendment— The table of contents for subchapter II of chapter 53 of title 31, United States Code, is amended by adding at the end the following:
Sec. 7303 Innovation Council
added
added
In general— Subchapter II of chapter 53 of Title 31, United States Code, as amended by section 7302, is further amended by adding at the end the following:
added “5334. Innovation Council
added “(a) Establishment—There is established the Innovation Council (hereinafter in this section referred to as the “Council”), which shall consist of each Director of an Innovation Lab established under section 5334, a representative of State bank supervisors (as defined under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)), and the Director of the Financial Crimes Enforcement Network.
added “(b) Chair—The Director of the Innovation Lab of the Department of the Treasury shall serve as the Chair of the Council.
added “(c) Duty—The members of the Council shall coordinate on activities related to innovation under the Bank Secrecy Act, but may not supplant individual agency determinations on innovation.
added “(d) Meetings—The meetings of the Council—
added “(1) shall be at the call of the Chair, but in no case may the Council meet less than semi-annually;
added “(2) may include open and closed sessions, as determined necessary by the Council; and
added “(3) shall include participation by public and private entities and law enforcement agencies.
added “(e) Report—The Council shall issue an annual report, for each of the 7 years beginning on the date of enactment of this section, to the Secretary of the Treasury on the activities of the Council during the previous year, including the success of programs as measured by metrics of success developed pursuant to section 5334(c)(4), and any regulatory or legislative recommendations that the Council may have.”
added
Clerical amendment— The table of contents for subchapter II of chapter 53 of title 31, United States Code, is amended by adding the end the following:
Sec. 7304 Testing methods rulemaking
added
added
In general— Section 5318 of title 31, United States Code, as amended by section 7301, is further amended by adding at the end the following:
added “(q) Testing
added “(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—
added “(A) with respect to technology and related technology-internal processes (“new technology”) designed to facilitate compliance with the Bank Secrecy Act requirements, the standards by which financial institutions are to test new technology; and
added “(B) in what instances or under what circumstance and criteria a financial institution may replace or terminate legacy technology and processes for any examinable technology or process without the replacement or termination being determined an examination deficiency.
added “(2) Standards—The standards described under paragraph (1) may include—
added “(A) an emphasis on using innovative approaches, such as machine learning, rather than rules-based systems;
added “(B) risk-based back-testing of the regime to facilitate calibration of relevant systems;
added “(C) requirements for appropriate data privacy and security; and
added “(D) a requirement that the algorithms used by the regime be disclosed to the Financial Crimes Enforcement Network, upon request.
added “(3) Confidentiality of algorithms—If a financial institution or any director, officer, employee, or agent of any financial institution, voluntarily or pursuant to this subsection or any other authority, discloses the institution’s algorithms to a Government agency, such algorithms and any materials associated with the creation of such algorithms shall be considered confidential and not subject to public disclosure.”
added
Update of manual— The Financial Institutions Examination Council shall ensure—
added
that any manual prepared by the Council is updated to reflect the rulemaking required by the amendment made by subsection (a); and
added
that financial institutions are not penalized for the decisions based on such rulemaking to replace or terminate technology used for compliance with the Bank Secrecy Act (as defined under section 5312 of title 31, United States Code) or other anti-money laundering laws.
Sec. 7305 FinCEN study on use of emerging technologies
added
added
Study—
added
In general— The Director of the Financial Crimes Enforcement Network (“FinCEN”) shall carry out a study on—
added
the status of implementation and internal use of emerging technologies, including artificial intelligence (“AI”), digital identity technologies, blockchain technologies, and other innovative technologies within FinCEN;
added
whether AI, digital identity technologies, blockchain technologies, and other innovative technologies can be further leveraged to make FinCEN’s data analysis more efficient and effective; and
added
how FinCEN could better utilize AI, digital identity technologies, blockchain technologies, and other innovative technologies to more actively analyze and disseminate the information it collects and stores to provide investigative leads to Federal, State, Tribal, and local law enforcement, and other Federal agencies (collective, “Agencies”), and better support its ongoing investigations when referring a case to the Agencies.
added
Inclusion of GTO data— The study required under this subsection shall include data collected through the Geographic Targeting Orders (“GTO”) program.
added
Consultation— In conducting the study required under this subsection, FinCEN shall consult with the Directors of the Innovations Labs established in section 7302.
added
Report— Not later than the end of the 6-month period beginning on the date of the enactment of this Act, the Director shall issue a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives containing—
added
all findings and determinations made in carrying out the study required under subsection (a);
added
with respect to each of subparagraphs (A), (B) and (C) of subsection (a)(1), any best practices or significant concerns identified by the Director, and their applicability to AI, digital identity technologies, blockchain technologies, and other innovative technologies with respect to United States efforts to combat money laundering and other forms of illicit finance; and
added
any policy recommendations that could facilitate and improve communication and coordination between the private sector, FinCEN, and Agencies through the implementation of innovative approaches, in order to meet their Bank Secrecy Act (as defined under section 5312 of title 31, United States Code) and anti-money laundering compliance obligations.
Sec. 7306 Discretionary surplus funds
addedadded The dollar amount specified under section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by $37,000,000.
Sec. 101 Short title
addedadded This division may be cited as the “Elijah E. Cummings Coast Guard Authorization Act of 2020”.
Sec. 102 Definition of Commandant
addedadded In this division, the term Commandant means the Commandant of the Coast Guard.
Sec. 8001 Authorizations of appropriations
addedadded Section 4902 of title 14, United States Code, is amended—
added
in the matter preceding paragraph (1), by striking “year 2019” and inserting “years 2020 and 2021”;
added
in paragraph (1)(A), by striking “provided for, $7,914,195,000 for fiscal year 2019.” and inserting
added “(i) $8,151,620,850 for fiscal year 2020; and
added “(ii) $8,396,169,475 for fiscal year 2021.”
added
in paragraph (1)(B), by striking “subparagraph (A)—” and inserting “subparagraph (A)(i), $17,035,000 shall be for environmental compliance and restoration.”;
added
by striking clauses (i) and (ii) of paragraph (1)(B);
added
in paragraph (1), by adding at the end the following:
added “(C) Of the amount authorized under subparagraph, (A)(ii) $17,376,000 shall be for environmental compliance and restoration.”
added
in paragraph (2)—
added
by striking “For the procurement” and inserting “(A) For the procurement”;
added
by striking “and equipment, $2,694,745,000 for fiscal year 2019.” and inserting
added “(i) $2,794,745,000 for fiscal year 2020; and
added “(ii) $3,312,114,000 for fiscal year 2021.”
added
by adding at the end the following:
added “(B) Of the amounts authorized under subparagraph (A), the following amounts shall be for the alteration of bridges:
added “(i) $10,000,000 for fiscal year 2020; and
added “(ii) $20,000,000 for fiscal year 2021.”
added
in paragraph (3), by striking “and equipment, $29,141,000 for fiscal year 2019.” and inserting
added “(A) $13,834,000 for fiscal year 2020; and
added “(B) $14,111,000 for fiscal year 2021.”
added
by adding at the end the following:
added “(4) For the Coast Guard’s Medicare-eligible retiree health care fund contribution to the Department of Defense—
added “(A) $205,107,000 for fiscal year 2020; and
added “(B) $209,209,000 for fiscal year 2021.”
Sec. 8002 Authorized levels of military strength and training
addedadded Section 4904 of title 14, United States Code, is amended—
added
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
added
in subsection (b), by striking “fiscal years 2018 and 2019” and inserting “fiscal years 2020 and 2021”.
Sec. 8003 Determination of budgetary effects
addedadded 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. 8004 Availability of amounts for acquisition of additional National Security Cutter
added
added
In general— Of the amounts authorized to be appropriated by—
added
section 4902(2)(A)(i) of title 14, United States Code, as amended by section 8001 of this division, $100,000,000 for fiscal year 2020; and
added
section 4902(2)(A)(ii) of title 14, United States Code, as amended by section 8001 of this division, $550,000,000 for fiscal year 2021,
added
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. 8005 Procurement authority for Polar Security Cutters
added
added
Funding— Of the amounts authorized to be appropriated by—
added
section 4902(2)(A)(i) of title 14, United States Code, as amended by section 8001 of this division, $135,000,000 for fiscal year 2020; and
added
section 4902(2)(A)(ii) of title 14, United States Code, as amended by section 8001 of this division, $610,000,000 for fiscal year 2021,
added
Prohibition on contracts or use of funds for development of common hull design— Notwithstanding any other provision of law, the Secretary of the department in which the Coast Guard is operating may not enter into any contract for, and no funds shall be obligated or expended on, the development of a common hull design for medium Polar Security Cutters and Great Lakes icebreakers.
Sec. 8006 Sense of the Congress on need for new Great Lakes icebreaker
added
added
Findings— The Congress finds the following:
added
The Great Lakes shipping industry is crucial to the American economy, including the United States manufacturing base, providing important economic and national security benefits.
added
A recent study found that the Great Lakes shipping industry supports 237,000 jobs and tens of billions of dollars in economic activity.
added
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.
added
Six of the Coast Guard’s nine icebreaking cutters in the Great Lakes are more than 30 years old and are frequently inoperable during the winter icebreaking season, including those that have completed a recent service life extension program.
added
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.
added
The 2019 ice season provides further proof that current Coast Guard icebreaking capacity is inadequate for the needs of the Great Lakes shipping industry, as only six of the nine icebreaking cutters are operational, and millions of tons of cargo was not loaded or was delayed due to inadequate Coast Guard icebreaking assets during a historically average winter for Great Lakes ice coverage.
added
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.
added
The Coast Guard has not initiated a new acquisition program for this Great Lakes icebreaker.
added
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. 8007 Procurement authority for Great Lakes icebreaker
added
added
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 8001 of this division, $160,000,000 for fiscal year 2021 is authorized for the acquisition of a Great Lakes icebreaker at least as capable as USCGC Mackinaw (WLBB–30).
added
Report— Not later than 30 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan for acquiring an icebreaker as required by section 820(b) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282).
Sec. 8008 Polar Security Cutter acquisition report
addedadded Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committees on Transportation and Infrastructure and Armed Services of the House of Representatives, and the Committees on Commerce, Science, and Transportation and Armed Services of the Senate a report on—
added
the extent to which specifications, key drawings, and detail design for the Polar Security Cutter are complete before the start of construction;
added
the extent to which Polar Security Cutter hulls numbers one, two, and three are science ready; and
added
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. 8009 Shoreside infrastructure
addedadded Of the amounts authorized to be appropriated by section 4902(2)(A) of title 14, United States Code, as amended by section 8001 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. 8010 Major acquisition systems infrastructure
addedadded Of the amounts authorized to be appropriated by section 4902(2)(A)(ii) of title 14, United States Code, as amended by section 8001 of this division, $105,000,000 is authorized for the hangar replacement listed in the fiscal year 2020 Unfunded Priority List.
Sec. 8011 Polar icebreakers
added
added
In general— Section 561 of title 14, United States Code, is amended to read as follows:
added “561. Icebreaking in polar regions
added “(a) Procurement authority
added “(1) In general—The Secretary may enter into one or more contracts for the procurement of—
added “(A) the Polar Security Cutters approved as part of a major acquisition program as of November 1, 2019; and
added “(B) 3 additional Polar Security Cutters.
added “(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.
added “(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.
added “(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.
added “(d) Restriction
added “(1) In general—The Commandant may not—
added “(A) transfer, relinquish ownership of, dismantle, or recycle the Polar Sea or Polar Star;
added “(B) change the current homeport of the Polar Sea or Polar Star; or
added “(C) expend any funds—
added “(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;
added “(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;
added “(iii) for any expenses associated with a decommissioning ceremony for the Polar Sea or Polar Star;
added “(iv) to appoint a decommissioning officer to be affiliated with the Polar Sea or Polar Star; or
added “(v) to place the Polar Sea or Polar Star in inactive status.
added “(2) Sunset—This subsection shall cease to have effect on September 30, 2022.
added “(e) Limitation
added “(1) In general—The Secretary may not expend amounts appropriated for the Coast Guard for any of fiscal years 2015 through 2024, for—
added “(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
added “(B) long-lead-time materials, production, or postdelivery activities related to such a capability.
added “(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).
added “(f) Enhanced maintenance program for the Polar Star
added “(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.
added “(2) Authorization of appropriations—The Commandant may use funds made available pursuant to section 4902(1)(A), to carry out this subsection.
added “(g) Definitions—In this section:
added “(1) Polar Sea—The term Polar Sea means Coast Guard Cutter Polar Sea (WAGB 11).
added “(2) Polar Star—The term Polar Star means Coast Guard Cutter Polar Star (WAGB 10).
added “(3) Healy—The term Healy means Coast Guard Cutter Healy (WAGB 20).”
added
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.
added
Repeals—
added
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.
added
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.
added
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.
added
Frank LoBiondo Coast Guard Authorization Act of 2018— Section 821 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282) is repealed.
Sec. 8012 Acquisition of fast response cutter
added
added
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 8001 of this division, $265,000,000 for fiscal year 2021 shall be made available for the acquisition of four Fast Responses Cutters.
added
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.
Sec. 9101 Grade on retirement
added
added
Retirement of Commandant or Vice Commandant— Section 303 of title 14, United States Code, is amended by adding at the end the following:
added “(d) Retirement under this section is subject to section 2501(a) of this title.”
added
Retirement— Section 306 of title 14, United States Code, is amended—
added
in subsection (a), by inserting “satisfactorily, as determined under section 2501 of this title” before the period;
added
in subsection (b), by inserting “satisfactorily, as determined under section 2501 of this title” before the period; and
added
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.
added
Grade on retirement— Section 2501 of title 14, United States Code, is amended—
added
in subsection (a)—
added
by striking “Any commissioned officer, other than a commissioned warrant officer,” and inserting
added “(1) In general—A commissioned officer”
added
by striking “him” and inserting “the commissioned officer”;
added
by striking “his” and inserting “the commissioned officer’s”; and
added
by adding at the end the following:
added “(2) Conditional determination—When a commissioned officer is under investigation for alleged misconduct at the time of retirement—
added “(A) the Secretary may conditionally determine the highest grade of satisfactory service of the commissioned officer pending completion of the investigation; and
added “(B) the grade under subparagraph (A) is subject to resolution under subsection (c)(2).”
added
in subsection (b)—
added
by inserting “Warrant officers.—” after “(b)”;
added
by striking “him” and inserting “the warrant officer”; and
added
by striking “his” and inserting “the warrant officer's”; and
added
by adding at the end the following:
added “(c) Retirement in lower grade
added “(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.
added “(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.
added “(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.
added “(d) Finality of retired grade determinations
added “(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.
added “(2) Reopening determinations—A determination of the retired grade of a commissioned officer may be reopened if—
added “(A) the retirement or retired grade of the commissioned officer was procured by fraud;
added “(B) substantial evidence comes to light after the retirement that could have led to a lower retired grade under this section and such evidence was known by competent authority at the time of retirement;
added “(C) a mistake of law or calculation was made in the determination of the retired grade;
added “(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
added “(E) the Secretary determines, under regulations prescribed by the Secretary, that good cause exists to reopen the determination.
added “(3) Requirements—If a determination of the retired grade of a commissioned officer is reopened under paragraph (2), the Secretary—
added “(A) shall notify the commissioned officer of the reopening; and
added “(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.
added “(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.
added “(e) Inapplicability to commissioned warrant officers—This section, including subsection (b), shall not apply to commissioned warrant officers.”
Sec. 9102 Authority for officers to opt out of promotion board consideration
added
added
Eligibility of officers for consideration for promotion— Section 2113 of title 14, United States Code, is amended by adding at the end the following:
added “(g)
added “(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.
added “(2) The Commandant shall approve a request under paragraph (1) only if—
added “(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;
added “(B) the Commandant determines the exclusion from consideration is in the best interest of the Coast Guard; and
added “(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.”
added
Eligibility of reserve officer for promotion— Section 3743 of title 14, United States Code, is amended to read as follows:
added “3743. Eligibility for promotion
added “(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.
added “(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.
added “(c) Request for exclusion
added “(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.
added “(2) Approval of request—The Commandant shall approve a request under paragraph (1) only if—
added “(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;
added “(B) the Commandant determines the exclusion from consideration is in the best interest of the Coast Guard; and
added “(C) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration.”
Sec. 9103 Temporary promotion authority for officers in certain grades with critical skills
added
added
In general— Subchapter I of chapter 21 of title 14, United States Code, is amended by adding at the end the following:
added “2130. Promotion to certain grades for officers with critical skills: captain, commander, lieutenant commander, lieutenant
added “(a) In general—An officer in the grade of lieutenant (junior grade), lieutenant, lieutenant commander, or commander who is described in subsection (b) may be temporarily promoted to the grade of lieutenant, lieutenant commander, commander, or captain under regulations prescribed by the Secretary. Appointments under this section shall be made by the President, by and with the advice and consent of the Senate.
added “(b) Covered officers—An officer described in this subsection is any officer in a grade specified in subsection (a) who—
added “(1) has a skill in which the Coast Guard has a critical shortage of personnel (as determined by the Secretary); and
added “(2) is serving in a position (as determined by the Secretary) that—
added “(A) is designated to be held by a lieutenant, lieutenant commander, commander, or captain; and
added “(B) requires that an officer serving in such position have the skill possessed by such officer.
added “(c) Preservation of position and status of officers appointed
added “(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.
added “(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.
added “(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.
added “(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.
added “(f) Termination of appointment—Unless sooner terminated, an appointment under this section terminates—
added “(1) on the date the officer who received the appointment is promoted to the permanent grade of lieutenant, lieutenant commander, commander, or captain;
added “(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;
added “(3) when the appointment officer determines that the officer who received the appointment has engaged in misconduct or has displayed substandard performance; or
added “(4) when otherwise determined by the Commandant to be in the best interests of the Coast Guard.
added “(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:
added “(1) As lieutenant, 0.5 percent.
added “(2) As lieutenant commander, 3.0 percent.
added “(3) As commander, 2.6 percent.
added “(4) As captain, 2.6 percent.”
added
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:
Sec. 9104 Career intermission program
added
added
In general— Subchapter I of chapter 25 of title 14, United States Code, is amended by adding at the end the following:
added “2514. Career flexibility to enhance retention of members
added “(a) Programs authorized—The Commandant may carry out a program under which members of the Coast Guard may be inactivated from active service in order to meet personal or professional needs and returned to active service at the end of such period of inactivation from active service.
added “(b) Period of inactivation from active service; effect of inactivation
added “(1) In general—The period of inactivation from active service under a program under this section of a member participating in the program shall be such period as the Commandant shall specify in the agreement of the member under subsection (c), except that such period may not exceed 3 years.
added “(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.
added “(3) Exclusion from retirement—Any period of participation of a member in a program under this section shall not count toward—
added “(A) eligibility for retirement or transfer to the Ready Reserve under either chapter 841 or 1223 of title 10; or
added “(B) computation of retired or retainer pay under chapter 71 or 1223 of title 10.
added “(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:
added “(1) To accept an appointment or enlist, as applicable, and serve in the Coast Guard Ready Reserve during the period of the inactivation of the member from active service under the program.
added “(2) To undergo during the period of the inactivation of the member from active service under the program such inactive service training as the Commandant shall require in order to ensure that the member retains proficiency, at a level determined by the Commandant to be sufficient, in the military skills, professional qualifications, and physical readiness of the member during the inactivation of the member from active service.
added “(3) Following completion of the period of the inactivation of the member from active service under the program, to serve 2 months as a member of the Coast Guard on active service for each month of the period of the inactivation of the member from active service under the program.
added “(d) Conditions of release—The Commandant shall prescribe regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (c). At a minimum, the Commandant shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) of such subsection while the member is released from active service.
added “(e) Order to active service—Under regulations prescribed by the Commandant, a member of the Coast Guard participating in a program under this section may, in the discretion of the Commandant, be required to terminate participation in the program and be ordered to active service.
added “(f) Pay and allowances
added “(1) Basic pay—During each month of participation in a program under this section, a member who participates in the program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37 as a member of the uniformed services on active service in the grade and years of service of the member when the member commences participation in the program.
added “(2) Special or incentive pay or bonus
added “(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.
added “(B) Not treated as failure to perform services—The inactivation from active service of a member participating in a program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37 that is in force when the member commences participation in the program.
added “(3) Return to active service
added “(A) Special or incentive pay or bonus—Subject to subparagraph (B), upon the return of a member to active service after completion by the member of participation in a program—
added “(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
added “(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).
added “(B) Limitation
added “(i) In general—Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by such subparagraph with respect to a member if, at the time of the return of the member to active service as described in that subparagraph—
added “(I) such pay or bonus is no longer authorized by law; or
added “(II) the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active service.
added “(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.
added “(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.
added “(D) Required service is additional—Any service required of a member under an agreement covered by this paragraph after the member returns to active service as described in subparagraph (A) shall be in addition to any service required of the member under an agreement under subsection (c).
added “(4) Travel and transportation allowance
added “(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—
added “(i) travel performed from the residence of the member, at the time of release from active service to participate in the program, to the location in the United States designated by the member as the member’s residence during the period of participation in the program; and
added “(ii) travel performed to the residence of the member upon return to active service at the end of the participation of the member in the program.
added “(B) Single residence—An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence.
added “(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.
added “(g) Promotion
added “(1) Officers
added “(A) In general—An officer participating in a program under this section shall not, while participating in the program, be eligible for consideration for promotion under chapter 21 or 37 of this title.
added “(B) Return to service—Upon the return of an officer to active service after completion by the officer of participation in a program—
added “(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
added “(ii) the officer shall be eligible for consideration for promotion when officers of the same competitive category, grade, and seniority are eligible for consideration for promotion.
added “(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—
added “(A) begins on the date of the inactivation of the member from active service under the program; and
added “(B) ends at such time after the return of the member to active service under the program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Commandant shall prescribe in regulations for purposes of the program.
added “(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—
added “(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
added “(2) retirement or separation for physical disability under the provisions of chapter 61 of title 10 and chapters 21 and 23 of this title.”
added
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:
Sec. 9105 Direct commissioning authority for individuals with critical skills
added
added
In general— Subchapter II of chapter 37 of title 14, United States Code, is amended by inserting after section 3738 the following:
added “3738a. Direct commissioning authority for individuals with critical skills
added “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.”
added
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:
added
Technical amendment— The heading for the first chapter of subtitle III of title 14, United States Code, is amended by striking “Chapter 1” and inserting “Chapter 37”.
Sec. 9106 Employment assistance
added
added
In general— Subchapter I of chapter 27 of title 14, United States Code, is amended by adding at the end the following:
added “2713. Employment assistance
added “(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—
added “(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
added “(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.
added “(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.
added “(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.”
added
Clerical amendment— The analysis for such subchapter is amended by adding at the end the following:
Sec. 9201 Congressional affairs; Director
added
added
In general— Chapter 3 of title 14, United States Code, is amended by adding at the end the following:
added “321. Congressional affairs; Director
added “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.”
added
Clerical amendment— The analysis for chapter 3 of title 14, United States Code, is amended by adding at the end the following:
Sec. 9202 Limitations on claims
added
added
Admiralty claims— Section 937(a) of title 14, United States Code, is amended by striking “$100,000” and inserting “$425,000”.
added
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. 9203 Renewal of temporary early retirement authority
addedadded Section 219 of the Coast Guard and Maritime Transportation Act of 2012 (Public Law 112–213; 10 U.S.C. 1293 note) is amended—
added
in the matter preceding paragraph (1), by striking “For fiscal years 2013 through 2018” and inserting “For fiscal years 2019 through 2025”; and
added
in paragraph (1), by striking “subsection (c)(2)(A)” and inserting “subsection (c)(1)”.
Sec. 9204 Major acquisitions; operation and sustainment costs
addedadded Section 5103(e)(3) of title 14, United States Code, is amended—
added
by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
added
by inserting after subparagraph (A) the following:
added “(B) operate and sustain the cutters and aircraft described in paragraph (2);”
Sec. 9205 Support of women serving in the Coast Guard
added
added
Action plan—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Commandant shall—
added
determine which recommendations in the RAND gender diversity report can practicably be implemented to promote gender diversity in the Coast Guard; and
added
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.
added
Curriculum and training— The Commandant shall update curriculum and training materials used at—
added
officer accession points, including the Coast Guard Academy and the Leadership Development Center;
added
enlisted member accession at the United States Coast Guard Training Center Cape May in Cape May, New Jersey; and
added
the officer, enlisted member, and civilian leadership courses managed by the Leadership Development Center.
added
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”.
added
Advisory board on Women at the Coast Guard Academy— Chapter 19 of title 14, United States Code, is amended—
added
by redesignating section 1904 as section 1906;
added
by inserting after section 1903 the following:
added “1904. Advisory Board on Women at the Coast Guard Academy
added “(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”).
added “(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.
added “(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.
added “(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.
added “(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.
added “(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.
added “(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.
added “(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.”
added
by amending the analysis for such chapter—
added
by amending the item relating to section 1904 to read as follows:
added
by adding at the end the following:
added
Advisory board on women in the coast guard— Chapter 25 of title 14, United States Code, is amended—
added
by redesignating subchapter II as subchapter III;
added
by inserting after subchapter I the following:
added “II Advisory Board on Women in the Coast Guard
added “2521. Advisory Board on Women in the Coast Guard
added “(a) In general—The Commandant shall establish within the Coast Guard an Advisory Board on Women in the Coast Guard.
added “(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:
added “(1) Active duty officers of the Coast Guard.
added “(2) Active duty enlisted members of the Coast Guard.
added “(3) Members of the Coast Guard Reserve.
added “(4) Retired members of the Coast Guard.
added “(c) Duties—The Advisory Board established under subsection (a)—
added “(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;
added “(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
added “(3) may brief Congress on its duties under this subsection, including the advice described in paragraph (1) and any recommendations described in paragraph (2).”
added
by amending the analysis for such chapter by striking the items relating to subchapter II and inserting the following:
added
Recurring report—
added
In general— Chapter 51 of title 14, United States Code, is amended by adding at the end the following:
added “5109. Report on gender diversity in the Coast Guard
added “(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.
added “(b) Contents—The report required under subsection (a) shall contain the following:
added “(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.
added “(2) Recruitment and retention
added “(A) An analysis of the changes in the recruitment and retention of women over the previous 2 years.
added “(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.
added “(3) Parental leave
added “(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.
added “(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.
added “(4) Limitations—An analysis of current gender-based limitations on Coast Guard career opportunities, including discussion of—
added “(A) shipboard opportunities;
added “(B) opportunities to serve at remote units; and
added “(C) any other limitations on the opportunities of female members.
added “(5) Progress update—An update on the Coast Guard’s progress on the implementation of the action plan required under subsection (a) of section 9205 of the Elijah E. Cummings Coast Guard Authorization Act of 2020.”
added
Clerical amendment— The analysis for chapter 51 of title 14, United States Code, is amended by adding at the end the following:
Sec. 9206 Disposition of infrastructure related to E–LORAN
addedadded Section 914 of title 14, United States Code, is amended—
added
in subsection (a)—
added
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
added
by striking “determination by the Secretary” and inserting “determination by the Secretary of Transportation under section 312(d) of title 49”; and
added
in subsection (c), by striking paragraph (2) and inserting the following:
added “(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. 9207 Positions of importance and responsibility
addedadded Section 2103(c)(3) of title 14, United States Code, is amended by striking “rear admiral (lower half)” and inserting “vice admiral”.
Sec. 9208 Research projects; transactions other than contracts and grants
added
added
In general— Chapter 7 of title 14, United States Code, is amended by adding at the end the following:
added “719. Research projects; transactions other than contracts and grants
added “(a) Additional forms of transactions authorized
added “(1) In general—The Commandant may enter into—
added “(A) transactions (other than contracts, cooperative agreements, and grants) in carrying out basic, applied, and advanced research projects; and
added “(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.
added “(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.
added “(3) Funding—In carrying out paragraph (1)(B), the Commandant may use funds made available for—
added “(A) operations and support;
added “(B) research, development, test, and evaluation; and
added “(C) procurement, construction, and improvement.
added “(b) Advance payments—The authority under subsection (a) may be exercised without regard to section 3324 of title 31.
added “(c) Recovery of funds
added “(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.
added “(2) Availability of funds—The amount of any payment received by the Federal Government pursuant to a requirement imposed under paragraph (1) may be credited, to the extent authorized by the Commandant, to an appropriate appropriations account. Amounts so credited shall be merged with other funds in the account and shall be available for the same purposes and the same period for which other funds in such account are available.
added “(d) Conditions
added “(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.
added “(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.
added “(e) Education and training—The Commandant shall—
added “(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
added “(2) establish minimum levels and requirements for continuous and experiential learning for such personnel, including levels and requirements for acquisition certification programs.
added “(f) Protection of certain information from disclosure
added “(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.
added “(2) Limitation
added “(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).
added “(B) Information described—The information referred to in subparagraph (A) is the following:
added “(i) A proposal, proposal abstract, and supporting documents.
added “(ii) A business plan submitted on a confidential basis.
added “(iii) Technical information submitted on a confidential basis.
added “(g) Regulations—The Commandant shall prescribe regulations, as necessary, to carry out this section.
added “(h) Annual report—On the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Commandant shall submit to the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations and Commerce, Science, and Transportation of the Senate a report describing each use of the authority provided under this section during the most recently completed fiscal year, including details of each use consisting of—
added “(1) the amount of each transaction;
added “(2) the entities or organizations involved;
added “(3) the product or service received;
added “(4) the research project for which the product or service was required; and
added “(5) the extent of the cost sharing among Federal Government and non-Federal sources.”
added
Clerical amendment— The analysis for chapter 7 of title 14, United States Code, is amended by adding at the end the following:
Sec. 9209 Acquisition workforce authorities
added
added
In general— Subchapter I of chapter 11 of title 14, United States Code, is amended by adding at the end the following:
added “1111. Acquisition workforce authorities
added “(a) Expedited hiring authority
added “(1) In general—For the purposes of section 3304 of title 5, the Commandant may—
added “(A) designate any category of acquisition positions within the Coast Guard as shortage category positions; and
added “(B) use the authorities in such section to recruit and appoint highly qualified persons directly to positions so designated.
added “(2) Reports—The Commandant shall include in reports under section 1102 information described in such section regarding positions designated under this subsection.
added “(b) Reemployment authority
added “(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.
added “(2)
added “(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).
added “(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.
added “(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.
added “(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.”
added
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:
added
Repeal of Superseded Authority— Section 404 of the Coast Guard Authorization Act of 2010 (Public Law 111–281) is repealed.
Sec. 9210 Vessel conversion, alteration, and repair projects
added
added
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.
added
Applicability— Subsection (a) shall apply only if there are not at least 2 qualified small businesses located in Coast Guard District 17 that are able and available to provide the services described in such subsection.
added
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. 9211 Modification of acquisition process and procedures
added
added
Extraordinary relief—
added
In general— Subchapter III of chapter 11 of title 14, United States Code, is amended by adding at the end the following:
added “1157. Extraordinary relief
added “(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.
added “(b) Inapplicability to subcontractors—The limitation under subsection (a) shall not apply to subcontractors of a prime contracting entity.
added “(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.”
added
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:
added
Notice to Congress with respect to breach of contract— Section 1135 of title 14, United States Code, is amended by adding at the end the following:
added “(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—
added “(1) a description of the terms of the contract that cannot be met; and
added “(2) an assessment of whether the applicable contract officer has issued a cease and desist order to the contractor based on the breach of such terms of the contract.”
Sec. 9212 Establishment and purpose of Fund; definition
addedadded 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. 9213 Payments from Fund
addedadded Section 1463(a) of title 10, United States Code, is amended—
added
in paragraph (1) by striking “and Marine Corps” and inserting “Marine Corps, and Coast Guard”;
added
in paragraph (2) by striking “(other than retired pay payable by the Secretary of Homeland Security)”; and
added
in paragraph (4) by inserting “and the Department of Homeland Security that” after “Department of Defense”.
Sec. 9214 Determination of contributions to Fund
addedadded Section 1465 of title 10, United States Code, is amended—
added
in subsection (a)—
added
by striking “(a) Not” and inserting the following:
added “(a)
added “(1) Not”
added
by adding at the end the following:
added “(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.”
added
in subsection (b)—
added
in paragraph (1)—
added
in the matter preceding subparagraph (A)—
added
by inserting “, in consultation with the Secretary of the department in which the Coast Guard is operating,” after “Secretary of Defense” ; and
added
by inserting “and Coast Guard” after “Department of Defense”;
added
in subparagraph (A)(ii) by striking “(other than the Coast Guard)” and inserting “members of the Armed Forces”; and
added
in subparagraph (B)(ii) by striking “(other than the Coast Guard)”;
added
in paragraph (2) by inserting “the Coast Guard Retired Pay account and the” after “appropriated to”; and
added
in paragraph (3) by inserting “and Coast Guard” after “Department of Defense”;
added
in subsection (c)—
added
in paragraph (1)—
added
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”;
added
in subparagraph (A) by striking “(other than the Coast Guard)” and inserting “members of the Armed Forces”;
added
in subparagraph (B) by striking “(other than the Coast Guard)”;
added
in paragraph (2) by inserting “, in consultation with the Secretary of the department in which the Coast Guard is operating,” after “Secretary of Defense”;
added
in paragraph (3) by inserting “, in consultation with the Secretary of the department in which the Coast Guard is operating,” after “Secretary of Defense”;
added
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. 9215 Payments into Fund
addedadded Section 1466 of title 10, United States Code, is amended—
added
in subsection (a)—
added
in the matter preceding paragraph (1)—
added
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
added
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
added
in paragraph (1)(B) by striking “(other than the Coast Guard)”; and
added
by striking the flush language following paragraph (1)(B) and inserting the following new subsection:
added “(b) Amounts paid into the Fund under this subsection shall be paid from funds available for as appropriate—
added “(1) the pay of members of the armed forces under the jurisdiction of the Secretary of a military department; or
added “(2) the Retired Pay appropriation for the Coast Guard.”
added
by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
added
in subsection (c) (as so redesignated)—
added
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
added
in paragraph (3) by inserting “and the Secretary of the Department in which the Coast Guard is operating” before “shall promptly”.
Sec. 9301 Report on child care and school-age care assistance for qualified families
added
added
In general— Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on child care and school-age care options available to qualified families.
added
Elements— The report required by subsection (a) shall include the following:
added
Financial assistance—
added
An assessment of—
added
the subsidies and financial assistance for child care and school-age care made available by the Coast Guard to qualified families; and
added
the extent to which qualified families have taken advantage of such subsidies and assistance.
added
The average number of days between—
added
the date on which an application for a subsidy or other financial assistance for child care or school-age care is submitted by a qualified family; and
added
upon approval of an application, the date on which such subsidy or assistance is received by the qualified family.
added
Recommendations for streamlining the payment of such subsidies and financial assistance.
added
The amount of funding allocated to such subsidies and financial assistance.
added
The remaining costs for child care or school-age care to qualified families that are not covered by the Coast Guard.
added
A description of barriers to access to such subsidies and financial assistance.
added
The number of qualified families that do not receive any such subsidies or financial assistance.
added
Regulation of child care services—
added
An assessment of—
added
the regulations of States with respect to child care services (such as staffing, space and furnishings, safety, curriculum requirements, and allowable care hours); and
added
the effect that differences in such regulations may have on access to child care for qualified families.
added
An assessment of—
added
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
added
the effect that such regulations may have on access to child care and school-age care for qualified families.
added
The number of qualified families, and children, that do not have access to a Coast Guard child development center for child care.
added
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:
added
Authorized uses of appropriated funds for child care and school-age care services.
added
Access to, and total capacity of, Coast Guard child development centers and Department of Defense child development centers.
added
Child care and school-age care programs or policy.
added
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.
added
Respite care programs.
added
Nonappropriated funds.
added
Coast Guard family child care centers.
added
Coast Guard and Department of Defense publicly available online resources for families seeking military child care and school-age care.
added
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.
added
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.
added
Recommendations— Recommendations—
added
to improve access to child care and school-age care for qualified families;
added
to ensure parity between the Coast Guard and the Department of Defense with respect to child care and school-age care;
added
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
added
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.
added
Other matters— A description or analysis of any other matter the Comptroller General considers relevant to the improvement of expanded access to child care and school-age care for qualified families.
Sec. 9302 Review of family support services website and online tracking system
added
added
Memorandum of Understanding—
added
In general— The Commandant shall enter into a memorandum of understanding with the Secretary of Defense to enable qualified families to access the website at https://militarychildcare.com (or a successor website) for purposes of Coast Guard family access to information with respect to State-accredited child development centers and other child care support services as such services become available from the Department of Defense through such website. The memorandum shall provide for the expansion of the geographical areas covered by such website, including regions in which qualified families live that are not yet covered by the program.
added
Inclusion of child development centers accessible under pilot program— The information accessible pursuant to the memorandum of understanding required by paragraph (1) shall include information with respect to any child development center accessible pursuant to the pilot program under section 9304.
added
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:
added
Register children for a Coast Guard child development center.
added
Make online child care payments to a Coast Guard child development center.
added
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.
added
Wait list—
added
In general— The Commandant shall maintain a record of the wait list for each Coast Guard child development center.
added
Matters to be included— Each record under paragraph (1) shall include the following:
added
The total number of children of qualified families on the wait list.
added
With respect to each child on the wait list—
added
the age of the child;
added
the number of days the child has been on the wait list;
added
the position of the child on the wait list;
added
any special needs consideration; and
added
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.
added
Requirement to archive— Information placed in the record of a Coast Guard child development center under paragraph (1) shall be archived for a period of not less than 10 years after the date of its placement in the record.
Sec. 9303 Study and survey on Coast Guard child care needs
added
added
Study—
added
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—
added
the results of the survey under subsection (b); and
added
any other information the Commandant considers appropriate to ensure adequate tracking and future needs-based assessments with respect to adequate access to Coast Guard child development centers.
added
Consultation— In conducting a study under paragraph (1), the Commandant may consult a federally funded research and development center.
added
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.
added
Survey—
added
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.
added
Participants—
added
In general— The Commandant shall seek the participation in the survey of the following Coast Guard individuals:
added
Commanding officers, regardless of whether the commanding officers have children.
added
Regular and reserve personnel.
added
Spouses of individuals described in clauses (i) and (ii).
added
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.
added
Voluntary participation— Participation of any individual described in subparagraph (A) in a survey shall be on a voluntary basis.
added
Availability— On request, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the results of any study or survey under this section.
Sec. 9304 Pilot program to expand access to child care
added
added
In general— Commencing not later than 60 days after the date on which the report under section 9301 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.
added
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.
added
Discharge on district basis— The Commandant—
added
may carry out the pilot program on a district basis; and
added
shall include in the pilot program remote and urban locations.
added
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—
added
the Coast Guard lacks a Coast Guard child development center; or
added
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.
added
Annual assessment of results— As part of any study conducted pursuant to section 9303(a) after the end of the 1-year period beginning with the commencement of the pilot program, the Commandant shall also undertake a current assessment of the impact of the pilot program on access to child development centers for qualified families. The Commandant shall include the results of any such assessment in the results of the most current study or survey submitted pursuant to section 9303(a).
Sec. 9305 Improvements to Coast Guard-owned family housing
addedadded Section 2922(b) of title 14, United States Code, is amended by adding at the end the following:
added “(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 9309 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. 9306 Briefing on transfer of family child care provider qualifications and certifications
added
added
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—
added
the qualification or certification is not expired;
added
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
added
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.
added
Briefing element— The briefing required by subsection (a) shall include analysis of options for transferring a Coast Guard-mandated family child care provider qualification or certification as described in that subsection, and of any legal challenges associated with such transfer.
added
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. 9307 Inspections of Coast Guard child development centers and family child care providers
added
added
Inspections— Section 2923 of title 14, United States Code, is amended by striking subsection (b) and inserting the following:
added “(b) Inspections
added “(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.
added “(2) Responsibility for inspections—Of the biannual inspections under paragraph (1)—
added “(A) 1 shall be carried out by a representative of the Coast Guard installation served by the Coast Guard child development center concerned; and
added “(B) 1 shall be carried out by a representative of the Coast Guard child development services work-life programs.”
added
Family child care providers—
added
In general— Chapter 29 of title 14, United States Code, is amended by adding at the end the following:
added “2926. Family child care providers
added “(a) In general—Not less frequently than quarterly, the Commandant shall ensure that each family child care provider is subject to inspection.
added “(b) Responsibility for inspections—Of the quarterly inspections under subsection (a) each year—
added “(1) 3 inspections shall be carried out by a representative of the Coast Guard installation served by the family child care provider concerned; and
added “(2) 1 inspection shall be carried out by a representative of the Coast Guard child development services work-life programs.”
added
Clerical amendment— The analysis for chapter 29 of title 14, United States Code, is amended by adding at the end the following:
Sec. 9308 Expanding opportunities for family child care
addedadded Not later than 1 year after the date of the enactment of this Act, the Commandant shall—
added
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
added
establish a procedure to ensure that all requirements with respect to such family child care programs are met, including home inspections.
Sec. 9309 Definitions
addedadded In this subtitle:
added
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.
added
Coast Guard family child care center— The term Coast Guard family child care center means a location at which family home daycare is provided.
added
Family child care provider— The term family child care provider means an individual who provides family home daycare.
added
Family home daycare— The term family home daycare has the meaning given that term in section 2921(5) of title 14, United States Code.
added
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.
Sec. 9401 Modifications of certain reporting requirements
added
added
Especially hazardous cargo— Subsection (e) of section 70103 of title 46, United States Code, is amended to read as follows:
added “(e) Especially hazardous cargo
added “(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.
added “(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.”
added
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).
added
Marine safety long-Term strategy— Section 2116 of title 46, United States Code, is amended—
added
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”;
added
in subsection (b)—
added
in the subsection heading, by striking “Contents of strategy and triennial plans” and inserting “5–Year strategy and plan”;
added
in paragraph (1), in the matter preceding subparagraph (A), by striking “strategy and triennial plans” and inserting “5-year strategy and plan”; and
added
in paragraph (2)—
added
in the matter preceding subparagraph (A), by striking “strategy and triennial plans” and inserting “5-year strategy and plan”; and
added
in subparagraph (A), by striking “plans” and inserting “plan”;
added
in subsection (c)—
added
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
added
by striking “triennial”; and
added
in subsection (d)—
added
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
added
in paragraph (2)—
added
in the heading, by striking “Report to Congress” and inserting “Periodic briefings”;
added
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”;
added
in subparagraph (A)—
added
by striking “annual”; and
added
by striking “for the year covered by the report” and inserting “for the period covered by the briefing”; and
added
in subparagraph (B)(ii), by striking “plans” and inserting “plan”.
added
Abandoned seafarers fund— Section 11113(a) of title 46, United States Code, is amended—
added
in paragraph (4), by striking “On the date” and inserting “Except as provided in paragraph (5), on the date”; and
added
by adding at the end the following:
added “(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.”
added
Major acquisition program risk assessment— Section 5107 of title 14, United States Code, is amended—
added
in subsection (a), by striking “April 15 and October 15” and inserting “October 15”; and
added
in subsection (b)—
added
in paragraph (2), by striking “the 2 fiscal-year quarters preceding such assessment” and inserting “the previous fiscal year”;
added
in paragraph (3), by striking “such 2 fiscal-year quarters” and inserting “such fiscal year”;
added
in paragraph (4), by striking “such 2 fiscal-year quarters” and inserting “such fiscal year”; and
added
in paragraph (5), by striking “such 2 fiscal-year quarters” and inserting “such fiscal year”.
Sec. 9402 Report on cybersecurity workforce
added
added
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.
added
Contents— The report under subsection (a) shall include the following:
added
A description of the number and skills of active duty and reserve Coast Guard members expected for initial operating capacity and full operating capacity of the workforce described in subsection (a).
added
A description of the career development path for officers and enlisted members participating in the workforce.
added
A determination of how the workforce will fulfill the cybersecurity needs of the Area Maritime Security Council and United States port environments.
added
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.
added
An assessment of successful models used by other Armed Forces, including the National Guard, to recruit, maintain, and utilize a cyber workforce, including the use of Reserve personnel for that purpose.
Sec. 9403 Report on navigation and bridge resource management
added
added
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.
added
Contents— The report under subsection (a) shall include the following:
added
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.
added
A detailed description of the deck watch officer assessment process of the Coast Guard.
added
A list of programs that have been approved for credit toward merchant mariner credentials.
added
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.
added
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.
added
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.
added
An assessment of senior deck watch officer options to complete the Chief Mate and Master unlimited license and the qualification under the Standards of Training, Certification, and Watchkeeping for Chief Mate and Master.
Sec. 9404 Report on helicopter life-cycle support and recapitalization
addedadded 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—
added
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;
added
includes a realistic sustainment budget necessary to achieve the operational availability rates necessary to meet MH–65 mission requirements through fleet recapitalization;
added
includes an update on the status of the Coast Guard MH–65 helicopter recapitalization; and
added
includes a description of any alternative, available, and cost-effective Government and civil systems, or updates, that the Coast Guard is considering for MH–65 operational missions, including Coast Guard cutter deployability requirements, in the event of delays to the future vertical lift program of the Coast Guard.
Sec. 9405 Report on Coast Guard response capabilities for cyber incidents on vessels entering ports or waters of the United States
added
added
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.
added
Review— The report under subsection (a) shall include a review of each of the following:
added
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).
added
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.
added
Measures to be taken by owners or operators of commercial vessels of the United States to increase cybersecurity posture on such vessels.
added
Responses of the Commandant to cyber incidents on vessels described in paragraph (1) prior to the date of the enactment of this Act.
added
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.
added
Oversight by the Commandant of—
added
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
added
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.
added
Requirements of the Commandant for the reporting of cyber incidents that occur on the vessels described in paragraph (1).
added
Recommendations and appropriations— The Commandant shall include in the report under subsection (a)—
added
recommendations—
added
to improve cyber incident response; and
added
for policies to address gaps identified by the review under subsection (b); and
added
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.
added
Form— The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
added
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. 9406 Study and report on Coast Guard interdiction of illicit drugs in transit zones
added
added
Findings— Congress makes the following findings:
added
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.
added
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.
added
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.
added
In 2017, the Government Accountability Office recommended that the Commandant of the Coast Guard—
added
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;
added
report such goals to the public;
added
assess the extent to which limitations in performance data with respect to such goals are documented;
added
document measurable corrective actions and implementation timeframes with respect to such goals; and
added
document efforts to monitor implementation of such corrective actions.
added
Study— The Secretary of the Department in which the Coast Guard is operating, in coordination with the Secretary of Defense and the heads of other relevant Federal agencies, shall conduct a study in order to identify gaps in resources that contribute to low interdiction rates for maritime noncommercial smuggling of illicit drugs into the United States from Central America and South America despite having actionable intelligence on more than 80 percent of drug movements in the transit zones of the Eastern Pacific Ocean, Caribbean Sea, and Southern maritime border approaches.
added
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—
added
a statement of the Coast Guard mission requirements for drug interdiction in the Caribbean basin;
added
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
added
a determination of whether such hours and assets satisfied the Coast Guard mission requirements for drug interdiction in the Caribbean basin.
added
Form— The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
Sec. 9407 Report on liability limits set in section 1004 of the Oil Pollution Act of 1990
addedadded 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:
added
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.
added
If the Commandant determines that any liability limit listed in such section should be modified—
added
a description of the modification;
added
a justification for such modification; and
added
a recommendation for legislative or regulatory action to achieve such modification.
Sec. 9408 Report on Coast Guard defense readiness resources allocation
added
added
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.
added
Contents— The report required by subsection (a) shall include the following elements:
added
Funding levels allocated by the Coast Guard to support defense readiness missions for each of the past 10 fiscal years.
added
Funding levels transferred or otherwise provided by the Department of Defense to the Coast Guard in support of the Coast Guard’s defense readiness missions for each of the past 10 fiscal years.
added
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.
added
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. 9409 Report on the feasibility of liquefied natural gas fueled vessels
addedadded 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:
added
The feasibility, safety, and cost effectiveness of using liquefied natural gas to fuel new Coast Guard vessels.
added
The feasibility, safety, and cost effectiveness of converting existing vessels to run on liquefied natural gas fuels.
added
The operational feasibility of using liquefied natural gas to fuel Coast Guard vessels.
Sec. 9410 Coast Guard authorities study
added
added
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.
added
Assessment— The assessment under subsection (a) shall provide—
added
an examination of emerging issues that may require Coast Guard oversight, regulation, or action;
added
a description of potential limitations and shortcomings of relying on current Coast Guard authorities to address emerging issues; and
added
an overview of adjustments and additions that could be made to existing Coast Guard authorities to fully address emerging issues.
added
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.
added
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—
added
the introduction of new technologies in the maritime domain;
added
the advent of new processes or operational activities in the maritime domain; and
added
changes in the use of navigable waterways.
added
Form— The assessment required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
Sec. 9411 Report on effects of climate change on Coast Guard
added
added
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.
added
Elements— The report under subsection (a) shall include the following:
added
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.
added
An overview of—
added
mitigations that may be necessary to ensure the continued operational viability and to increase the resiliency of the identified vulnerable installations; and
added
the cost of such mitigations.
added
A discussion of the climate-change-related effects on the Coast Guard, including—
added
the increase in the frequency of humanitarian assistance and disaster relief missions; and
added
campaign plans, contingency plans, and operational posture of the Coast Guard.
added
An overview of mitigations that may be necessary to ensure mission resiliency and the cost of such mitigations.
added
Form— The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
Sec. 9412 Shore infrastructure
added
added
In general— Not later than 1 year after the date of the enactment of this Act, the Commandant shall—
added
develop a plan to standardize Coast Guard facility condition assessments;
added
establish shore infrastructure performance goals, measures, and baselines to track the effectiveness of maintenance and repair investments and provide feedback on progress made;
added
develop a process to routinely align the Coast Guard shore infrastructure portfolio with mission needs, including disposing of unneeded assets;
added
establish guidance for planning boards to document inputs, deliberations, and project prioritization decisions for infrastructure maintenance projects;
added
employ models for Coast Guard infrastructure asset lines for—
added
predicting the outcome of investments in shore infrastructure;
added
analyzing tradeoffs; and
added
optimizing decisions among competing investments;
added
include supporting details about competing project alternatives and report tradeoffs in congressional budget requests and related reports; and
added
explore the development of real property management expertise within the Coast Guard workforce, including members of the Senior Executive Service.
added
Briefing— Not later than December 31, 2020, the Commandant shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the status of the actions required under subsection (a).
Sec. 9413 Coast Guard housing; status and authorities briefing
addedadded 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—
added
a description of the material condition of Coast Guard housing facilities;
added
the amount of current Coast Guard housing construction and deferred maintenance backlogs;
added
an overview of the manner in which the Coast Guard manages and maintains housing facilities;
added
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
added
recommendations regarding how the Congress could adjust those authorities to prevent mismanagement of Coast Guard housing facilities.
Sec. 9414 Physical access control system report
addedadded 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—
added
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;
added
the status of the selection of a technological solution;
added
the estimated phases and timeframe to complete the implementation of such a system; and
added
the estimated cost for each phase of the project.
Sec. 9415 Study on Certificate of Compliance inspection program with respect to vessels that carry bulk liquefied gases as cargo and liquefied natural gas tank vessels
added
added
GAO report—
added
In general— Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the resources, regulations, policies, protocols, and other actions designed to carry out the Coast Guard Certificate of Compliance program with respect to liquefied natural gas tank vessels (including examinations under section 153.808 of title 46, Code of Federal Regulations) and vessels that carry bulk liquefied gases as cargo (including examinations under part 154 of title 46, Code of Federal Regulations) for purposes of maintaining the efficiency of examinations under that program.
added
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.
added
National Academies study—
added
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—
added
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
added
issue recommendations for changes to resources, regulations, policies, and protocols to maintain the efficiency of the program, including analysis of the following alternatives:
added
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.
added
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.
added
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.
added
Increase in the use of civilians to conduct and support examinations under the program.
added
Extension of the duration of certificates of compliance under the program for vessels that carry bulk liquefied gases as cargo and liquefied natural gas tank vessels that are less than 10 years of age and participate in a Coast Guard vessel quality program.
Sec. 9416 Comptroller General of the United States review and report on Coast Guard’s International Port Security Program
added
added
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.
added
Required elements of review— The review required under subsection (a) shall include—
added
review of the actions of the Coast Guard under the Coast Guard’s International Port Security Program, since 2014, to enhance foreign port inspections;
added
review of the actions of the Coast Guard to recognize and monitor port inspection programs of foreign governments;
added
identification and review of the actions the Coast Guard takes to address any deficiencies it observes during visits at foreign ports;
added
identify and review the benchmarks of the Coast Guard for measuring the effectiveness of the program; and
added
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. 9417 Comptroller General of the United States review and report on surge capacity of the Coast Guard
added
added
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.
added
Required elements of review— The review required under subsection (a) shall include—
added
a description and review of each Coast Guard deployment in response to a catastrophic incident after 2005;
added
identification of best practices informed by the deployments described in paragraph (1);
added
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);
added
identification of any statutory or regulatory impediments, such as adaptability, planning, training, mobilization, or information and resource integration, to the surge capacity of the Coast Guard in response to a catastrophic incident;
added
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;
added
review of the capability of the Coast Guard to surge in response to concurrent or subsequent catastrophic incidents; and
added
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.
added
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. 9418 Comptroller General of the United States review and report on marine inspections program of Coast Guard
added
added
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.
added
Required elements of review— The review required under subsection (a) shall include—
added
an analysis of the demand for marine inspectors;
added
an identification of the number of fully qualified marine inspectors;
added
a determination of whether the number of marine inspectors identified in paragraph (2) is sufficient to meet the demand described in paragraph (1);
added
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;
added
an evaluation of the training continuum of marine inspectors;
added
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
added
an analysis of extending tours of duty for marine inspectors and increasing the number of civilian marine inspectors.
Sec. 9419 Comptroller General of the United States review and report on information technology program of Coast Guard
added
added
GAO report—
added
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.
added
Required elements of review— The review required under paragraph (1) shall include—
added
analysis of how the Coast Guard manages its information technology program, including information technology acquisitions, to meet its various mission needs and reporting requirements;
added
analysis of the adequacy of the physical information technology infrastructure within Coast Guard districts, including network infrastructure, for meeting mission needs and reporting requirements;
added
analysis of whether and, if so, how the Coast Guard—
added
identifies and satisfies any knowledge and skill requirements; and
added
recruits, trains, and develops its information technology personnel;
added
analysis of whether and, if so, how the Coast Guard separates information technology from operational technology for cybersecurity purposes;
added
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
added
analysis of the goals and acquisition strategies for all proposed Coast Guard enterprise-wide cloud computing service procurements.
added
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—
added
the goals and acquisition strategies for all proposed enterprise-wide cloud computing service procurements;
added
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;
added
an assessment of potential threats and security vulnerabilities of the strategy, and plans to mitigate such risks; and
added
an estimate of the cost and timeline to implement cloud computing service for all Coast Guard computing.
Sec. 9420 Comptroller General of the United States study and report on access to health care by members of Coast Guard and dependents
added
added
Study—
added
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.
added
Elements— The study conducted under paragraph (1) shall analyze the following:
added
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.
added
The accuracy and update periodicity of lists of providers under the TRICARE program in areas serving Coast Guard families.
added
The wait times under the TRICARE program for appointments, specialty care, and referrals for members of the Coast Guard and dependents of those members.
added
The availability of providers under the TRICARE program in remote locations, including providers for mental health, juvenile specialty care, dental, and female health.
added
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.
added
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.
added
How delayed access to care, timeliness of care, and distance traveled to care may impact personnel readiness of members of the Coast Guard.
added
The regions particularly impacted by lack of access to care and recommendations to address those access issues.
added
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).
added
Definitions— In this section, the terms dependent and TRICARE program have the meanings given such terms in section 1072 of title 10, United States Code.
Sec. 9421 Comptroller General of the United States study and report on medical staffing standards and needs for Coast Guard
added
added
Study—
added
In general— The Comptroller General of the United States shall conduct a study that examines the health care system of the Coast Guard.
added
Elements— The study conducted under paragraph (1) shall analyze the following:
added
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.
added
The wait times for patients to attain an appointment for urgent care, routine physician care, and dental care.
added
The impact of billet vacancies on such wait times.
added
The ability of the Coast Guard to use other medical personnel of the Department of Defense, including physicians and physician assistants, to fill provider vacancies for the Coast Guard.
added
The barriers, if any, to improving coordination and access to physicians within the health care system of the Department of Defense.
added
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.
added
The staffing models of clinics of the Coast Guard, including recommendations to modernize such models.
added
The locations and needs of Coast Guard units with or without clinics.
added
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.
added
Report—
added
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).
added
Elements— The report submitted under paragraph (1) shall include the following:
added
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.
added
An assessment of the ability of the Coast Guard to conduct medical support at outlying units, including remote units.
added
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.
added
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.
added
Recommendations— Not later than 90 days after the date on which the report is submitted under subsection (b), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives written recommendations for medical staffing standards for the Coast Guard based on each finding and conclusion contained in the report, including recommendations for health service technicians, flight surgeons, physician assistants, dentists, dental hygienists, family advocate services, pharmacists, and administrators, and other recommendations, as appropriate.
Sec. 9422 Report on fast response cutters, offshore patrol cutters, and national security cutters
added
added
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.
added
Elements— The report required by subsection (a) shall include—
added
an updated cost estimate for each type of cutter described in such subsection; and
added
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.
Sec. 9501 Short title
addedadded This subtitle may be cited as the “Coast Guard Academy Improvement Act”.
Sec. 9502 Coast Guard Academy study
added
added
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—
added
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
added
issue recommendations based upon the findings in such assessment.
added
Assessment of cultural competence—
added
Cultural competence of the Coast Guard Academy— The arrangement described in subsection (a) shall require the National Academy of Public Administration to, not later than 1 year after entering into an arrangement with the Secretary under subsection (a), submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the assessment described under subsection (a)(1).
added
Assessment scope— The assessment described under subsection (a)(1) shall—
added
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;
added
examine potential changes which could be used to further enhance such cultural competence by—
added
modifying institutional practices, policies, and structures; and
added
any other changes deemed appropriate by the National Academy of Public Administration; and
added
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.
added
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.
added
Plan—
added
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.
added
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:
added
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.
added
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.
added
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.
added
Restructure the admissions office of the Coast Guard Academy to be headed by a civilian with significant relevant higher education recruitment experience.
added
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.
added
Update— The Commandant shall include in the first annual report required under chapter 51 of title 14, United States Code, as amended by this division, submitted after the date of enactment of this section, the strategy with milestones required in paragraph (2) and shall report annually thereafter on actions taken and progress made in the implementation of such plan.
Sec. 9503 Annual report
addedadded Chapter 51 of title 14, United States Code, is further amended by adding at the end the following:
added “5111. Report on diversity at Coast Guard Academy
added “(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.
added “(b) Contents—The report required under subsection (a) shall include—
added “(1) the status of the implementation of the plan required under section 9502 of the Elijah E. Cummings Coast Guard Authorization Act of 2020;
added “(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;
added “(3) enrollment information about the incoming class, including the gender, race, ethnicity, religion, socioeconomic background, and State of residence of Coast Guard Academy cadets;
added “(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;
added “(5) information on efforts to retain diverse cadets, including through professional development and professional advancement programs for staff and faculty; and
added “(6) a summary of reported allegations of discrimination on the basis of race, color, national origin, sex, gender, or religion for the preceding 5 years.”
Sec. 9504 Assessment of Coast Guard Academy admission processes
added
added
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 9502(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.
added
Assessment scope— The assessment required to be sought under subsection (a) shall, at a minimum, include—
added
a study, or an audit if appropriate, of the process the Coast Guard Academy uses to—
added
identify candidates for recruitment;
added
recruit applicants;
added
assist applicants in the application process;
added
evaluate applications; and
added
make admissions decisions;
added
discussion of the consideration during the admissions process of diversity, including—
added
race;
added
ethnicity;
added
gender;
added
religion;
added
sexual orientation;
added
socioeconomic background; and
added
geographic origin;
added
an overview of the admissions processes at other Federal service academies, including—
added
discussion of consideration of diversity, including any efforts to attract a diverse pool of applicants, in those processes; and
added
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;
added
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
added
recommendations for improving Coast Guard Academy admissions processes, including whether a congressional nominations process should be integrated into such processes.
Sec. 9505 Coast Guard Academy minority outreach team program
added
added
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:
added “1905. Coast Guard Academy minority outreach team program
added “(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.
added “(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—
added “(1) overseeing administration of the Program;
added “(2) serving as a resource to volunteers and outside stakeholders;
added “(3) advising Academy leadership on recruitment and retention efforts based on recommendations from volunteers and outside stakeholders;
added “(4) establishing strategic goals and performance metrics for the Program with input from active volunteers and Academy leadership; and
added “(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.”
added
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:
Sec. 9506 Coast Guard college student pre-commissioning initiative
added
added
In general— Subchapter I of chapter 21 of title 14, United States Code, is further amended by adding at the end the following:
added “2131. College student pre-commissioning initiative
added “(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.
added “(b) Criteria for selection—To be eligible for the Program a student must meet the following requirements upon submitting an application:
added “(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.
added “(2) Character
added “(A) All applicants—All applicants must be of outstanding moral character and meet other character requirements as set forth by the Commandant.
added “(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.
added “(3) Citizenship—A student must be a United States citizen.
added “(4) Clearance—A student must be eligible for a secret clearance.
added “(5) Dependency
added “(A) In general—A student may not have more than 2 dependents.
added “(B) Sole custody—A student who is single may not have sole or primary custody of dependents.
added “(6) Education
added “(A) Institution—A student must be an undergraduate sophomore or junior—
added “(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
added “(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.
added “(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.
added “(C) Records—A student must meet credit and grade point average requirements set forth by the Commandant.
added “(7) Medical and administrative—A student must meet other medical and administrative requirements as set forth by the Commandant.
added “(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 4-year inactive Reserve obligation.
added “(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.
added “(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.
added “(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.
added “(g) Briefing
added “(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.
added “(2) Contents—The briefing required under paragraph (1) shall describe—
added “(A) outreach and recruitment efforts over the previous year; and
added “(B) demographic information of enrollees including—
added “(i) race;
added “(ii) ethnicity;
added “(iii) gender;
added “(iv) geographic origin; and
added “(v) educational institution.”
added
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:
Sec. 9507 Annual board of visitors
addedadded Section 1903(d) of title 14, United States Code, is amended—
added
by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; and
added
by inserting after paragraph (1) the following:
added “(2) recruitment and retention, including diversity, inclusion, and issues regarding women specifically;”
Sec. 9508 Homeland Security rotational cybersecurity research program at Coast Guard Academy
added
added
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:
added “846. Rotational cybersecurity research program
added “To enhance the Department’s cybersecurity capacity, the Secretary may establish a rotational research, development, and training program for—
added “(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
added “(2) detail to the Coast Guard Academy, as faculty, of individuals with expertise and experience in cybersecurity who are employed by—
added “(A) the Agency (including the center);
added “(B) the Directorate of Science and Technology; or
added “(C) institutions that have been designated by the Department as a Center of Excellence for Cyber Defense, or the equivalent.”
added
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. 9601 Strategy on leadership of Coast Guard
added
added
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.
added
Elements— The strategy shall include the following:
added
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.
added
Mechanisms for the ongoing evaluation of unit commanders, including identification of counterproductive leadership qualities in commanders.
added
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.
added
Clear and transparent policies on standards for command climate, leadership qualities, and inclusion.
added
Policy to ensure established and emerging leaders have access to hands-on training and tools to improve diversity and inclusion.
added
Policy and procedures for commanders to identify and hold accountable counterproductive leaders.
added
Counterproductive leadership defined— In this section, the term counterproductive leadership has the meaning given that term for purposes of Army Doctrine Publication 6–22.
Sec. 9602 Expedited transfer in cases of sexual assault; dependents of members of the Coast Guard
addedadded Not later than 180 days after the date of the enactment of this Act, the Commandant shall establish a policy to allow the transfer of a member of the Coast Guard whose dependent is the victim of sexual assault perpetrated by a member of the Armed Forces who is not related to the victim.
Sec. 9603 Access to resources during creosote-related building closures at Coast Guard Base Seattle, Washington
added
added
In general— With respect to the creosote-related building closures at Coast Guard Base Seattle, Washington, the Commandant shall, to the maximum extent practicable, enter into 1 or more agreements or otherwise take actions to secure access to resources, including a gym, that are not otherwise available to members of the Coast Guard during such closures.
added
Briefing— Not later than 60 days after the date of the enactment of this Act, the Commandant shall brief Congress with respect to actions taken by the Commandant to comply with subsection (a).
Sec. 9604 Southern resident orca conservation and enforcement
added
added
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.
added
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.
added
Program—
added
In general— The Commandant shall—
added
support the development, implementation, and enforcement of commercial vessel noise reduction measures that are technically feasible and economically achievable;
added
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
added
collaborate on studies or trials analyzing vessel noise impacts on Southern resident orcas.
added
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.
added
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.
added
Consultation— In carrying out this section, the Commandant and the Undersecretary of Commerce for Oceans and Atmosphere shall consult with State, local, and Tribal governments and maritime industry and conservation stakeholders including ports, higher education institutions, and nongovernmental organizations.
Sec. 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
added
added
Sense of Congress— It is the sense of Congress that—
added
Coast Guard components with investigative authority should exercise such authority with due respect for the rights of whistleblowers; and
added
the Commandant should—
added
ensure compliance with the legal requirements intended to protect whistleblowers;
added
seek to shield the disclosure of the identities of whistleblowers; and
added
create an environment in which whistleblowers do not fear reprisal for reporting misconduct.
added
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.
added
Elements— The report required by subsection (b) shall include the following:
added
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.
added
A plan (including milestones) for the implementation of the following:
added
Incorporation of Coast Guard Investigative Service Criminal Investigation Operating Procedure CIOP 2019–02 into the next revision of the relevant Coast Guard investigative manual.
added
Training on the policy described in paragraph (1) for the following:
added
Agents and legal counsel of the Coast Guard Investigative Service.
added
Personnel of the Office of General Law.
added
Relevant Coast Guard headquarters personnel.
added
Such other Coast Guard personnel as the Commandant considers appropriate.
Sec. 9606 Inspector General report on access to Equal Opportunity Advisors and Equal Employment Opportunity Specialists
added
added
In general— Not later than 90 days after the date of the enactment of this Act, the inspector general of the department in which the Coast Guard is operating shall conduct a study and develop recommendations on the need to separate Equal Opportunity Advisors and Equal Employment Opportunity Specialists, as practicable, through the pre-complaint and formal discrimination complaint processes, for the complainant, the opposing party, and the commanding officers and officers in charge.
added
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. 9607 Insider Threat Program
addedadded 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.
Sec. 10101 Electronic charts; equivalency
added
added
Requirements— Section 3105(a)(1) of title 46, United States Code, is amended to read as follows:
added “(1) Electronic charts in lieu of marine charts, charts, and maps—Subject to paragraph (2), the following vessels, while operating on the navigable waters of the United States, equipped with and operating electronic navigational charts that are produced by a government hydrographic office or conform to a standard acceptable to the Secretary, shall be deemed in compliance with any requirement under title 33 or title 46, Code of Federal Regulations, to have a chart, marine chart, or map on board such vessel:
added “(A) A self-propelled commercial vessel of at least 65 feet in overall length.
added “(B) A vessel carrying more than a number of passengers for hire determined by the Secretary.
added “(C) A towing vessel of more than 26 feet in overall length and 600 horsepower.
added “(D) Any other vessel for which the Secretary decides that electronic charts are necessary for the safe navigation of the vessel.”
added
Exemptions and waivers— Section 3105(a)(2) of title 46, United States Code, is amended—
added
in subparagraph (A), by striking “operates; and” and inserting “operates;”;
added
in subparagraph (B), by striking “those waters.” and inserting “those waters; and”; and
added
by adding at the end the following:
added “(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. 10102 Subrogated claims
added
added
In general— Section 1012(b) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(b)) is amended—
added
by striking “The” and inserting the following:
added “(1) In general—The”
added
by adding at the end the following:
added “(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.”
added
Effective date— This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.
Sec. 10103 Loan provisions under Oil Pollution Act of 1990
added
added
In general— Section 1013 of the Oil Pollution Act of 1990 (33 U.S.C. 2713) is amended by striking subsection (f).
added
Conforming amendments— Section 1012(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)) is amended—
added
in paragraph (4), by adding “and” after the semicolon at the end;
added
in paragraph (5)(D), by striking “; and” and inserting a period; and
added
by striking paragraph (6).
Sec. 10104 Oil pollution research and development program
addedadded Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is amended—
added
in subsection (c)—
added
in paragraph (1), by inserting “, technology,” after “research”;
added
in paragraph (2)—
added
by striking “this subsection” and inserting “paragraph (1)”; and
added
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”;
added
in paragraph (3) by striking “this subsection” and inserting “paragraph (1)” each place it appears;
added
in subparagraph (A) of paragraph (4)—
added
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”;
added
by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively;
added
by inserting after clause (ii) the following:
added “(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.”
added
by adding at the end the following:
added “(vi) Research to understand the long-term effects of major oil discharges and the long-term effects of smaller endemic oil discharges.
added “(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.
added “(viii) The development of methods to restore and rehabilitate natural resources and ecosystem functions damaged by oil discharges.”
added
in paragraph (5) by striking “this subsection” and inserting “paragraph (1)”;
added
by striking paragraph (7) and inserting the following:
added “(7) Simulated environmental testing
added “(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.
added “(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.
added “(C) In-kind contributions
added “(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.
added “(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.”
added
in paragraph (8)—
added
in subparagraph (A), by striking “subsection (b)” and inserting “subsection (d)”; and
added
in subparagraph (D)(iii), by striking “subsection (b)(1)(F)” and inserting “subsection (d)”; and
added
in paragraph (10)—
added
by striking “this subsection” and inserting “paragraph (1)”;
added
by striking “agencies represented on the Interagency Committee” and inserting “Under Secretary”;
added
by inserting “, and States and Indian tribes” after “other persons”; and
added
by striking “subsection (b)” and inserting “subsection (d)”;
added
in subsection (d), by striking “subsection (b)” and inserting “subsection (d)”;
added
in subsection (e), by striking “Chairman of the Interagency Committee” and inserting “Chair”;
added
in subsection (f), by striking “subsection (c)(8)” each place it appears and inserting “subsection (e)(8)”;
added
by redesignating subsections (c) through (f) as subsections (e) through (h), respectively; and
added
by striking subsections (a) and (b) and inserting the following:
added “(a) Definitions—In this section—
added “(1) the term Chair means the Chairperson of the Interagency Committee designated under subsection (c)(2);
added “(2) the term Commandant means the Commandant of the Coast Guard;
added “(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));
added “(4) the term Interagency Committee means the Interagency Coordinating Committee on Oil Pollution Research established under subsection (b);
added “(5) the term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere; and
added “(6) the term Vice Chair means the Vice Chairperson of the Interagency Committee designated under subsection (c)(3).
added “(b) Establishment of Interagency Coordinating Committee on Oil Pollution Research
added “(1) Establishment—There is established an Interagency Coordinating Committee on Oil Pollution Research.
added “(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.
added “(c) Membership
added “(1) Composition—The Interagency Committee shall be composed of—
added “(A) at least 1 representative of the Coast Guard;
added “(B) at least 1 representative of the National Oceanic and Atmospheric Administration;
added “(C) at least 1 representative of the Environmental Protection Agency;
added “(D) at least 1 representative of the Department of the Interior;
added “(E) at least 1 representative of the Bureau of Safety and Environmental Enforcement;
added “(F) at least 1 representative of the Bureau of Ocean Energy Management;
added “(G) at least 1 representative of the United States Fish and Wildlife Service;
added “(H) at least 1 representative of the Department of Energy;
added “(I) at least 1 representative of the Pipeline and Hazardous Materials Safety Administration;
added “(J) at least 1 representative of the Federal Emergency Management Agency;
added “(K) at least 1 representative of the Navy;
added “(L) at least 1 representative of the Corps of Engineers;
added “(M) at least 1 representative of the United States Arctic Research Commission; and
added “(N) at least 1 representative of each of such other Federal agencies as the President considers to be appropriate.
added “(2) Chairperson—The Commandant shall designate a Chairperson from among the members of the Interagency Committee selected under paragraph (1)(A).
added “(3) Vice Chairperson—The Under Secretary shall designate a Vice Chairperson from among the members of the Interagency Committee selected under paragraph (1)(B).
added “(4) Meetings
added “(A) Quarterly meetings—At a minimum, the members of the Interagency Committee shall meet once each quarter.
added “(B) Public summaries—After each meeting, a summary shall be made available by the Chair or Vice Chair, as appropriate.
added “(d) Duties of the Interagency Committee
added “(1) Research—The Interagency Committee shall—
added “(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
added “(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.
added “(2) Oil pollution research and technology plan
added “(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—
added “(i) identifies current research programs conducted by Federal agencies, States, Indian tribes, 4-year institutions of higher education, and corporate entities;
added “(ii) assesses the current status of knowledge on oil pollution prevention, response, and mitigation technologies and effects of oil pollution on the environment;
added “(iii) identifies significant oil pollution research gaps, including an assessment of major technological deficiencies in responses to past oil discharges;
added “(iv) establishes national research priorities and goals for oil pollution technology development related to prevention, response, mitigation, and environmental effects;
added “(v) assesses the research on the applicability and effectiveness of the prevention, response, and mitigation technologies to each class of oil;
added “(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;
added “(vii) summarizes research on response equipment in varying environmental conditions, such as in currents, ice cover, and ice floes; and
added “(viii) includes such other information or recommendations as the Interagency Committee determines to be appropriate.
added “(B) Advice and guidance
added “(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—
added “(I) provide advice and guidance in the preparation and development of the research plan;
added “(II) assess the adequacy of the plan as submitted, and submit a report to Congress on the conclusions of such assessment; and
added “(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.
added “(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.
added “(C) 10-year updates—Not later than 10 years after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, and every 10 years thereafter, the Interagency Committee shall submit to Congress a research plan that updates the information contained in the previous research plan submitted under this subsection.”
Sec. 10105 Limited indemnity provisions in standby oil spill response contracts
added
added
In general— Subject to subsections (b) and (c), a contract for the containment or removal of a discharge entered into by the President under section 311(c) of the Federal Water Pollution Control Act (33 U.S.C. 1321(c)) shall contain a provision to indemnify a contractor for liabilities and expenses incidental to the containment or removal arising out of the performance of the contract that is substantially identical to the terms contained in subsections (d) through (h) of section H.4 (except for paragraph (1) of subsection (d)) of the contract offered by the Coast Guard in the solicitation numbered DTCG89–98–A–68F953 and dated November 17, 1998.
added
Requirements—
added
Source of funds— The provision required under subsection (a) shall include a provision that the obligation to indemnify is limited to funds available in the Oil Spill Liability Trust Fund established by section 9509(a) of the Internal Revenue Code of 1986 at the time the claim for indemnity is made.
added
Uncompensated removal— A claim for indemnity under a contract described in subsection (a) shall be made as a claim for uncompensated removal costs under section 1012(a)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(4)).
added
Limitation— The total indemnity for a claim under a contract described in subsection (a) may not be more than $50,000 per incident.
added
Applicability of exemptions— Notwithstanding subsection (a), the United States shall not be obligated to indemnify a contractor for any act or omission of the contractor carried out pursuant to a contract entered into under this section where such act or omission is grossly negligent or which constitutes willful misconduct.
Sec. 10201 Passenger vessel security and safety requirements; application
addedadded Section 3507(k)(1) of title 46, United States Code, is amended—
added
in subparagraph (B), by adding “and” after the semicolon at the end;
added
in subparagraph (C), by striking “; and” and inserting a period; and
added
by striking subparagraph (D).
Sec. 10202 Small passenger vessels and uninspected passenger vessels
addedadded Section 12121 of title 46, United States Code, is amended—
added
in subsection (a)(1), by striking subparagraphs (A) and (B) and inserting the following:
added “(A) was built in the United States;
added “(B) was not built in the United States and is at least 3 years old; or
added “(C) if rebuilt, was rebuilt—
added “(i) in the United States; or
added “(ii) outside the United States at least 3 years before the certificate requested under subsection (b) would take effect.”
added
in subsection (b), by inserting “12132,” after “12113,”.
Sec. 10203 Non-operating individual
added
added
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:
added
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 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.
added
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—
added
for—
added
supporting or executing the industrial business or function of the vessel;
added
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
added
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
added
not the master or crew members required by the certificate of inspection and not a member of the steward’s department.
added
Sunset— The prohibition in subsection (a) shall terminate on the date that is 2 years after the date of the enactment of this Act.
added
Report—
added
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.
added
Contents— The report required under paragraph (1) shall include, at a minimum, a discussion of—
added
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;
added
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;
added
any identified legislative changes necessary to implement effective training and screening requirements for individuals covered by subsection (a); and
added
the timeline and milestones for implementing such requirements.
Sec. 10204 Conforming amendments: training; public safety personnel
addedadded Chapter 701 of title 46, United States Code, is amended—
added
in section 70107—
added
in subsection (a), by striking “law enforcement personnel” and inserting “public safety personnel”;
added
in subsection (b)(8), by striking “law enforcement personnel—” and inserting “public safety personnel—”; and
added
in subsection (c)(2)(C), by striking “law enforcement agency personnel” and inserting “public safety personnel”; and
added
in section 70132—
added
in subsection (a), by striking “law enforcement personnel—” and inserting “public safety personnel—”;
added
in subsection (b), by striking “law enforcement personnel” each place it appears and inserting “public safety personnel”; and
added
by adding at the end the following:
added “(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. 10205 Maritime transportation assessment
addedadded Section 55501(e) of title 46, United States Code, is amended—
added
in paragraph (2), by striking “an assessment of the condition” and inserting “a conditions and performance analysis”;
added
in paragraph (4), by striking “; and” and inserting a semicolon;
added
in paragraph (5), by striking the period and inserting “; and”; and
added
by adding at the end the following:
added “(6) a compendium of the Federal programs engaged in the maritime transportation system.”
Sec. 10206 Engine cut-off switches; use requirement
added
added
In general— Section 4312 of title 46, United States Code, is amended—
added
by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and
added
by inserting after subsection (a) the following:
added “(b) Use requirement
added “(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.
added “(2) Exceptions—The requirement under paragraph (1) shall not apply if—
added “(A) the main helm of the covered vessel is installed within an enclosed cabin; or
added “(B) the vessel does not have an engine cut-off switch and is not required to have one under subsection (a).”
added
Civil penalty— Section 4311 of title 46, United States Code, is amended by—
added
redesignating subsections (c), (d), (e), (f), and (g) as subsections (d), (e), (f), (g), and (h), respectively; and
added
inserting after subsection (b) the following:
added “(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—
added “(1) $100 for the first offense;
added “(2) $250 for the second offense; and
added “(3) $500 for any subsequent offense.”
added
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. 10207 Authority to waive operator of self-propelled uninspected passenger vessel requirements
addedadded Section 8905 of title 46, United States Code, is amended by adding at the end the following:
added “(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—
added “(1) the individual only operates such vessel wholly within waters located in Alaska; and
added “(2) such vessel is—
added “(A) 26 feet or less in length; and
added “(B) carrying not more than 6 passengers.”
Sec. 10208 Exemptions and equivalents
added
added
In general— Section 4305 of title 46, United States Code, is amended—
added
by striking the heading and inserting the following:
added “4305. Exemptions and equivalents”
added
by striking “If the Secretary” and inserting the following:
added “(a) Exemptions—If the Secretary”
added
by adding at the end the following:
added “(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.”
added
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:
Sec. 10209 Waiver of navigation and vessel inspection laws
addedadded Section 501(a) of title 46, United States Code, is amended—
added
by striking “On request” and inserting the following:
added “(1) In general—On request”
added
by adding at the end the following:
added “(2) Explanation—Not later than 24 hours after making a request under paragraph (1), the Secretary of Defense shall submit to the Committees on Transportation and Infrastructure and Armed Services of the House of Representatives and the Committees on Commerce, Science, and Transportation and Armed Services of the Senate a written explanation of the circumstances requiring such a waiver in the interest of national defense, including a confirmation that there are insufficient qualified vessels to meet the needs of national defense without such a waiver.”
Sec. 10210 Renewal of merchant mariner licenses and documents
addedadded 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—
added
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;
added
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;
added
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
added
any other regulatory or statutory changes that would be necessary to further improve the Coast Guard’s issuance of credentials to fully qualified mariners in the most effective and efficient manner possible in order to ensure a safe, secure, economically and environmentally sound marine transportation system.
Sec. 10211 Certificate extensions
added
added
In general— Subchapter I of chapter 121 of title 46, United States Code, is amended by adding at the end the following:
added “12108. Authority to extend duration of vessel certificates
added “(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.
added “(b) Determination—The determination referred to in subsection (a) is a determination that such extension is required to enable the Coast Guard to—
added “(1) eliminate a backlog in processing applications for such certificates; or
added “(2) act in response to a national emergency or natural disaster.
added “(c) Manner of extension—Any extension granted under this section may be granted to individual vessels or to a specifically identified group of vessels.”
added
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:
Sec. 10212 Vessel safety standards
added
added
Fishing Safety Training Grants Program— Subsection (i) of section 4502 of title 46, United States Code, is amended—
added
in paragraph (3), by striking “50 percent” and inserting “75 percent”; and
added
in paragraph (4), by striking “2019” and inserting “2021”.
added
Fishing Safety Research Grant Program— Subsection (j) of such section is amended—
added
in paragraph (3), by striking “50 percent” and inserting “75 percent”; and
added
in paragraph (4), by striking “2019” and inserting “2021”.
added
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. 10213 Medical standards
added
added
In general— Chapter 35 of title 46, United States Code, is amended by adding at the end the following:
added “3509. Medical standards
added “The owner of a vessel to which section 3507 applies shall ensure that—
added “(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;
added “(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
added “(3) the initial safety briefing given to the passengers on board the vessel includes—
added “(A) the location of the vessel’s medical facilities; and
added “(B) the appropriate steps passengers should follow during a medical emergency.”
added
Clerical amendment— The analysis for chapter 35 of title 46, United States Code, is amended by adding at the end the following:
Sec. 10301 Advisory committees
added
added
National Offshore Safety Advisory Committee; representation— Section 15106(c)(3) of title 46, United States Code, is amended—
added
in subparagraph (C), by striking “mineral and oil operations, including geophysical services” and inserting “operations”;
added
in subparagraph (D), by striking “exploration and recovery”;
added
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”;
added
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”;
added
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”;
added
in subparagraph (H), by striking “mineral and energy”;
added
in subparagraph (I), by inserting “and entities providing environmental protection, compliance, or response services to the offshore industry” after “national environmental entities”; and
added
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”.
added
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. 10302 Maritime Transportation System National Advisory Committee
added
added
Maritime Transportation System National Advisory Committee— Chapter 555 of title 46, United States Code, is amended by adding at the end the following:
added “55502. Maritime Transportation System National Advisory Committee
added “(a) Establishment—There is established a Maritime Transportation System National Advisory Committee (in this section referred to as the “Committee”).
added “(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.
added “(c) Membership
added “(1) In general—The Committee shall consist of 27 members appointed by the Secretary of Transportation in accordance with this section and section 15109.
added “(2) Expertise—Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
added “(3) Representation—Members of the Committee shall be appointed as follows:
added “(A) At least one member shall represent the Environmental Protection Agency.
added “(B) At least one member shall represent the Department of Commerce.
added “(C) At least one member shall represent the Corps of Engineers.
added “(D) At least one member shall represent the Coast Guard.
added “(E) At least one member shall represent Customs and Border Protection.
added “(F) At least one member shall represent State and local governmental entities.
added “(G) Additional members shall represent private sector entities that reflect a cross-section of maritime industries, including port and water stakeholders, academia, and labor.
added “(H) The Secretary may appoint additional representatives from other Federal agencies as the Secretary considers appropriate.
added “(4) Restrictions on members representing Federal agencies—Members of the Committee that represent Federal agencies shall not—
added “(A) comprise more than one-third of the total membership of the Committee or of any subcommittee therein; or
added “(B) serve as the chair or co-chair of the Committee or of any subcommittee therein.
added “(5) Administration—For purposes of section 15109—
added “(A) the Committee shall be treated as a committee established under chapter 151; and
added “(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.”
added
Treatment of existing committee— Notwithstanding any other provision of law—
added
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
added
during such 2-year period—
added
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
added
the enactment of this section shall not be the basis—
added
to deem, find, or declare such committee, including the charter, membership, and other aspects thereof, void, not in force, or not in effect;
added
to suspend the activities of such committee; or
added
to bar the members of such committee from a meeting.
added
Clerical amendment— The analysis for chapter 555 of title 46, United States Code, is amended by adding at the end the following:
added
Repeal— Section 55603 of title 46, United States Code, and the item relating to that section in the analysis for chapter 556 of that title, are repealed.
Sec. 10303 Expired maritime liens
addedadded Section 31343(e) of title 46, United States Code, is amended—
added
by inserting “(1)” before “A notice”; and
added
by inserting after paragraph (1), as so designated by this section, the following:
added “(2) On expiration of a notice of claim of lien under paragraph (1), and after a request by the vessel owner, the Secretary shall annotate the abstract of title to reflect the expiration of the lien.”
Sec. 10304 Great Lakes Pilotage Advisory Committee
added
added
In general— Section 9307 of title 46, United States Code, is amended—
added
in subsection (b)—
added
in paragraph (1), by striking “seven” and inserting “8”; and
added
in paragraph (2)—
added
in subparagraph (B), by striking “representing the interests of” and inserting “chosen from among nominations made by”;
added
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”;
added
in subparagraph (D)—
added
by striking “representing the interests of” and inserting “chosen from among nominations made by”; and
added
by striking “; and” and inserting a semicolon;
added
by redesignating subparagraph (E) as subparagraph (F);
added
by inserting after subparagraph (D) the following:
added “(E) one member chosen from among nominations made by Great Lakes maritime labor organizations; and”
added
in subparagraph (F), as so redesignated, by striking “with a background in finance or accounting,”; and
added
in subsection (f)(1), by striking “2020” and inserting “2030”.
added
Committee deemed not expired— Notwithstanding section 9307(f)(1) of title 46, United States Code, in any case in which the date of enactment of this Act occurs after September 30, 2020, the Great Lakes Pilotage Advisory Committee in existence as of September 30, 2020, shall be deemed not expired during the period beginning on September 30, 2020 through the date of enactment of this Act. Accordingly, the committee membership, charter, and the activities of such Committee shall continue as though such Committee had not expired.
Sec. 10305 National Commercial Fishing Safety Advisory Committee
added
added
National Commercial Fishing Safety Advisory Committee—
added
Amendments to section 15102— Section 15102 of title 46, United States Code, is amended—
added
in subsection (b)—
added
in paragraph (1)—
added
by inserting “and provide recommendations in writing to” after “advise ”; and
added
in subparagraph (E), by striking “and” after the semicolon; and
added
in paragraph (2)—
added
by striking the period and inserting “; and”; and
added
by adding at the end the following:
added “(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.”
added
by adding at the end the following:
added “(d) Quorum—A quorum of 10 members is required to send any written recommendations from the Committee to the Secretary.
added “(e) Savings clause—Nothing in this section shall preclude the Secretary from taking emergency action to ensure safety and preservation of life at sea.”
added
Amendments to section 15109— Section 15109 of title 46, United States Code, is amended—
added
in subsection (a)—
added
by striking “Each” and inserting the following:
added “(1) In general—Except as provided in paragraph (2), each”
added
by adding at the end the following:
added “(2) Minimum requirements—The committee established under section 15102, shall—
added “(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;
added “(B) hold additional meetings as necessary;
added “(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
added “(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.”
added
in subsection (f)(8)—
added
by striking “Notwithstanding” and inserting the following:
added “(A) Reappointment—Notwithstanding”
added
by adding at the end the following:
added “(B) Limitation—With respect to the committee established under section 15102, members may serve not more than 3 terms.”
added
in subsection (j)(3)—
added
in subparagraph (B), by striking “and”;
added
in subparagraph (C), by striking the period and inserting “; and”; and
added
by adding at the end the following:
added “(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.”
added
by amending subsection (k) to read as follows:
added “(k) Observers
added “(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—
added “(A) attend any meeting of such committee; and
added “(B) participate as an observer at meetings of such committee that relate to such a matter.
added “(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).”
added
in subsection (l), by striking “2027” and inserting “2029”;
added
by redesignating subsection (l) as subsection (m);
added
by inserting after subsection (k) the following:
added “(l) Technical assistance
added “(1) In general—The Secretary shall provide technical assistance to the Committee if requested by the Chairman.
added “(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.”
added
by adding at the end the following:
added “(n) Savings clause—Nothing in this section shall preclude the Secretary from taking emergency action to ensure safety and preservation of life at sea.”
Sec. 10306 Exemption of commercial fishing vessels operating in Alaskan Region from Global Maritime Distress and Safety System requirements of Federal Communications Commission
added
added
Definition of Secretary— In this section, the term Secretary means the Secretary of the department in which the Coast Guard is operating.
added
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.
added
Functional requirements— A fishing vessel exempted under subsection (b) shall—
added
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;
added
be equipped with—
added
a VHF radiotelephone installation;
added
an MF or HF radiotelephone installation;
added
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;
added
a NAVTEX receiver meeting the requirements of section 80.1101(c)(1) of title 47, Code of Federal Regulations, or any successor regulation;
added
survival craft equipment meeting the requirements of section 80.1095 of title 47, Code of Federal Regulations, or any successor regulation; and
added
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;
added
maintain a continuous watch on VHF Channel 16; and
added
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.
added
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.
Sec. 10401 Port, harbor, and coastal facility security
addedadded Section 70116 of title 46, United States Code, is amended—
added
in subsection (a), by inserting “, cyber incidents, transnational organized crime, and foreign state threats” after “an act of terrorism”;
added
in subsection (b)—
added
in paragraphs (1) and (2), by inserting “cyber incidents, transnational organized crime, and foreign state threats” after “terrorism” each place it appears; and
added
in paragraph (3)—
added
by striking “armed” and inserting “, armed (as needed),”; and
added
by striking “terrorism or transportation security incidents,” and inserting “terrorism, cyber incidents, transnational organized crime, foreign state threats, or transportation security incidents,”; and
added
in subsection (c)—
added
by striking “70034,” and inserting “70033,”; and
added
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. 10402 Aiming laser pointer at vessel
added
added
In general— Subchapter II of chapter 700 of title 46, United States Code, is amended by adding at the end the following:
added “70014. Aiming laser pointer at vessel
added “(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.
added “(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.
added “(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.”
added
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:
Sec. 10403 Safety of special activities
added
added
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—
added
establish safety zones to address special activities in the exclusive economic zone;
added
account for the number of safety zones established for special activities;
added
differentiate whether an applicant who requests a safety zone for such activities is—
added
an individual;
added
an organization; or
added
a government entity; and
added
account for Coast Guard resources utilized to enforce safety zones established for special activities, including—
added
the number of Coast Guard or Coast Guard Auxiliary vessels used; and
added
the number of Coast Guard or Coast Guard Auxiliary patrol hours required.
added
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—
added
the process required under subsection (a); and
added
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.
added
Definitions— In this section:
added
Safety zone— The term safety zone has the meaning given such term in section 165.20 of title 33, Code of Federal Regulations.
added
Special activities— The term special activities includes—
added
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
added
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.
added
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.
added
Fixed platform— The term fixed platform means an artificial island, installation, or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes.
Sec. 10404 Security plans; reviews
addedadded Section 70103 of title 46, United States Code, is amended—
added
by amending subsection (b)(3) to read as follows:
added “(3) The Secretary shall review and approve Area Maritime Transportation Security Plans and updates under this subsection.”
added
in subsection (c)(4), by inserting “or update” after “plan” each place it appears.
Sec. 10405 Vessel traffic service
addedadded Section 70001 of title 46, United States Code, is amended to read as follows:
added “70001. Vessel traffic services
added “(a) In general—Subject to the requirements of section 70004, the Secretary—
added “(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;
added “(2) shall require appropriate vessels that operate in an area of a vessel traffic service to utilize or comply with that service;
added “(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;
added “(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—
added “(A) specifying times of entry, movement, or departure;
added “(B) establishing vessel traffic routing schemes;
added “(C) establishing vessel size, speed, or draft limitations and vessel operating conditions; and
added “(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;
added “(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
added “(6) may prohibit the use on vessels of electronic or other devices that interfere with communication and navigation equipment, except that such authority shall not apply to electronic or other devices certified to transmit in the maritime services by the Federal Communications Commission and used within the frequency bands 157.1875–157.4375 MHz and 161.7875–162.0375 MHz.
added “(b) National policy
added “(1) Establishment and update of national policy
added “(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.
added “(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.
added “(2) Elements—The national policy established and updated under paragraph (1) shall include, at a minimum, the following:
added “(A) Standardization of titles, roles, and responsibilities for all personnel assigned, working, or employed in a vessel traffic service center.
added “(B) Standardization of organizational structure within vessel traffic service centers, to include supervisory and reporting chain and processes.
added “(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.
added “(D) Establishment of thresholds and measures for monitoring, informing, recommending, and directing vessel traffic.
added “(E) Establishment of national procedures and protocols for vessel traffic management.
added “(F) Standardization of training for all vessel traffic service directors, operators, and watchstanders.
added “(G) Establishment of certification and competency evaluation for all vessel traffic service directors, operators, and watchstanders.
added “(H) Establishment of standard operating language when communicating with vessel traffic users.
added “(I) Establishment of data collection, storage, management, archiving, and dissemination policies and procedures for vessel incidents and near-miss incidents.
added “(c) Local variances
added “(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.
added “(2) Review and approval by Secretary—The Captain of the Port covered by a vessel traffic service center may develop and submit to the Secretary regional policies in addition to the national policy established and updated under subsection (b) to account for variances from that national policy with respect to local vessel traffic conditions and volume, geography, water body characteristics, waterway usage, and any additional factors that the Captain considers appropriate.
added “(3) Review and implementation—Not later than 180 days after receiving regional policies under paragraph (2)—
added “(A) the Secretary shall review such regional policies; and
added “(B) the Captain of the port concerned shall implement the policies that the Secretary approves.
added “(4) Maintenance—The Secretary shall maintain a central depository for all local variances approved under this section.
added “(d) Cooperative agreements
added “(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).
added “(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.
added “(3) Limitation
added “(A) Inherently governmental function—A nongovernmental entity may not under this subsection carry out an inherently governmental function.
added “(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.
added “(4) Disclosure—The Commandant of the Coast Guard shall de-identify information prior to release to the public, including near miss incidents.
added “(e) Performance evaluation
added “(1) In general—The Secretary shall develop and implement a standard method for evaluating the performance of vessel traffic service centers.
added “(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:
added “(A) Volume of vessel traffic, categorized by type of vessel.
added “(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.
added “(C) Data on near-miss incidents.
added “(D) Data on marine casualties.
added “(E) Application by vessel traffic operators of traffic management authority during near-miss incidents and marine casualties.
added “(F) Other additional methods as the Secretary considers appropriate.
added “(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—
added “(A) recommendations to improve safety and performance; and
added “(B) data regarding marine casualties and near-miss incidents that have occurred during the period covered by the report.
added “(f) Risk assessment program
added “(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.
added “(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.
added “(3) Information to be assessed
added “(A) In general—The Secretary shall ensure that a risk assessment conducted under paragraph (1) includes an assessment of the following:
added “(i) Volume of vessel traffic, categorized by type of vessel.
added “(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.
added “(iii) Data on near-miss events incidents.
added “(iv) Data on marine casualties.
added “(v) Geographic locations for near-miss events incidents and marine casualties, including latitude and longitude.
added “(vi) Cyclical risk factors such as weather, seasonal water body currents, tides, bathymetry, and topography.
added “(vii) Weather data, in coordination with the National Oceanic and Atmospheric Administration.
added “(B) Information storage and management policies—The Secretary shall retain all information collected under subparagraph (A) and ensure policies and procedures are in place to standardize the format in which that information is retained to facilitate statistical analysis of that information to calculate within a vessel traffic service area, at a minimum, the incident rate, intervention rate, and casualty prevention rate.
added “(4) Public availability
added “(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.
added “(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.
added “(C) Disclosure—The Commandant of the Coast Guard shall de-identify information prior to release to the public, including near-miss incidents.
added “(g) Vessel traffic service training
added “(1) Training program
added “(A) In general—The Secretary shall develop a comprehensive nationwide training program for all vessel traffic service directors, operators, and watchstanders.
added “(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:
added “(i) Realistic vessel traffic scenarios to the maximum extent practicable that integrate—
added “(I) the national policy developed under subsection (b);
added “(II) international rules under the International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.);
added “(III) inland navigation rules under part 83 of title 33, Code of Federal Regulations;
added “(IV) the application of vessel traffic authority; and
added “(V) communication with vessel traffic service users.
added “(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.
added “(iii) Practical application of—
added “(I) the international rules under the International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.); and
added “(II) the inland navigation rules under part 83 of title 33, Code of Federal Regulations.
added “(iv) Proficiency training with respect to the operation of radio communications equipment and any other applicable systems necessary to execute vessel traffic service authorities.
added “(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.
added “(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.
added “(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.
added “(viii) Local area geographic and operational familiarization.
added “(ix) Such additional components as the Secretary considers appropriate.
added “(2) Standard competency qualification process
added “(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.
added “(B) Application of process—The competency qualification process developed under subparagraph (A) shall include measurable thresholds for determining proficiency.
added “(3) International and inland navigation rules test
added “(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.
added “(B) Elements of test—The Secretary shall determine the content and passing standard for the rules test developed under subparagraph (A).
added “(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.
added “(h) Research on vessel traffic
added “(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).
added “(2) Professional mariner representation
added “(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.
added “(B) Implementation—The Secretary shall implement representation by professional mariners on the vessel traffic service watchfloor at those vessel traffic service centers for which it is determined feasible and beneficial pursuant to research conducted under subparagraph (A).
added “(i) Inclusion of identification system on certain vessels
added “(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.
added “(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.
added “(j) Periodic review of vessel traffic service needs
added “(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—
added “(A) if there are any additional vessel traffic service needs in those areas; and
added “(B) if a vessel traffic service area should be moved or modified.
added “(2) Information to be assessed
added “(A) In general—The Secretary shall ensure that a review conducted under paragraph (1) includes an assessment of the following:
added “(i) Volume of vessel traffic, categorized by type of vessel.
added “(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.
added “(iii) Data on near miss incidents.
added “(iv) Data on marine casualties.
added “(v) Geographic locations for near-miss incidents and marine casualties, including latitude and longitude.
added “(vi) Cyclical risk factors such as weather, seasonal water body currents, tides, bathymetry, and topography.
added “(vii) Weather data, in coordination with the National Oceanic and Atmospheric Administration.
added “(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.
added “(4) Disclosure—The Commandant of the Coast Guard shall de-identify information prior to release to the public, including near miss incidents.
added “(k) Limitation of Liability for Coast Guard Vessel Traffic Service Pilots and Non-Federal Vessel Traffic Service Operators
added “(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.
added “(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.
added “(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.
added “(m) Definitions—In this section:
added “(1) Hazardous liquid cargo—The term hazardous liquid cargo has the meaning given that term in regulations prescribed under section 5103 of title 49.
added “(2) Marine casualty—The term marine casualty has the meaning given that term in regulations prescribed under section 6101(a).
added “(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.
added “(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.
added “(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.
added “(6) De-identified—The term de-identified means the process by which all information that is likely to establish the identity of the specific persons or entities noted in the reports, data, or other information is removed from the reports, data, or other information.”
Sec. 10406 Transportation work identification card pilot program
addedadded Section 70105(g) of title 46, United States Code, is amended by striking “shall concurrently” and all that follows and inserting the following:
added “(1) develop and, no later than 2 years after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020, implement a joint application for merchant mariner’s documents under chapter 73 and for a transportation security card issued under this section; and
added “(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.”
Sec. 11101 Coastwise trade
added
added
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.
added
Briefing— Not later than 180 days after the date of the enactment of this Act, the Commandant shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a briefing on the findings of the review required under subsection (a) and a discussion of how existing laws and regulations could be amended to ensure the safety of vessels described in subsection (a) while infringing as little as possible on commerce.
Sec. 11102 Towing vessels operating outside boundary line
added
added
Definitions— In this section—
added
the term Boundary Line has the meaning given the term in section 103 of title 46, United States Code;
added
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
added
the term Secretary means the Secretary of the Department in which the Coast Guard is operating.
added
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—
added
the vessel is—
added
operating outside the Boundary Line solely to perform regular harbor assist operations; or
added
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;
added
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
added
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).
added
Applicability— This section applies to a towing vessel—
added
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);
added
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);
added
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
added
that, with respect to a vessel that is described in subsection (b)(1)(B), is listed—
added
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
added
by name or reference in the vessel response plan’s geographic-specific appendix on the date of approval of the vessel response plan.
added
Limitations— A vessel exempted under subsection (b) is subject to the following operating limitations:
added
The voyage of a vessel described in subsection (b)(1)(A) shall—
added
be less than 12 hours in total duration;
added
originate and end in the inspection zone of a single Officer in Charge, Marine Inspection; and
added
occur no further than 10 nautical miles from the Boundary Line.
added
The voyage of a vessel described in subsection (b)(1)(B) shall—
added
originate and end in the inspection zone of a single Officer in Charge, Marine Inspection; and
added
either—
added
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
added
be less than 12 hours.
added
Safety—
added
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.
added
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.
added
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—
added
the date, time, and length of voyage;
added
a crew list, with each crew member’s credentials and work hours; and
added
an attestation from the master of the towing vessel that the vessel has sufficient manning and lifesaving equipment for all persons on board.
added
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:
added
The impacts of the interim exemption provided under this section.
added
Any safety concerns regarding the expiration of such interim exemption.
added
Whether such interim exemption should be extended.
added
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. 11103 Sense of Congress regarding the maritime industry of the United States
addedadded 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. 11104 Cargo preference study
added
added
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”).
added
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—
added
a listing of the agencies and organizations required to comply with the United States Cargo Preference Laws;
added
an analysis of the compliance or noncompliance of such agencies and organizations with such laws, including—
added
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;
added
the percentage of such cargo shipped on privately owned commercial vessels of the United States;
added
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
added
instances in which cargoes are shipped on foreign-flag vessels under non-availability determinations but not counted as such for purposes of calculating cargo preference compliance; and
added
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.
added
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—
added
actions that should be taken by agencies and organizations to fully comply with the United States Cargo Preference Laws; and
added
Other measures that may compel agencies and organizations, and their contractors and subcontractors, to use United States flag vessels in the international transportation of ocean cargoes as mandated by the United States Cargo Preference Laws.
Sec. 11105 Towing vessel inspection fees
addedadded Notwithstanding section 9701 of title 31, United States Code, and section 2110 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may not charge an inspection fee for towing vessels required to have a Certificate of Inspection under subchapter M of title 46, Code of Federal Regulations, until—
added
the completion of the review required under section 815 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115–282); and
added
the promulgation of regulations to establish specific inspection fees for such vessels.
Sec. 11201 Unmanned maritime systems and satellite vessel tracking technologies
added
added
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.
added
Report—
added
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.
added
Contents— Each report submitted under paragraph (1) shall include the following:
added
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.
added
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.
added
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—
added
National Security Cutters;
added
Fast Response Cutters;
added
Offshore Patrol Cutters;
added
Polar Security Cutters; and
added
in-service legacy cutters, including the 210- and 270-foot medium endurance cutters and 225-foot Buoy Tenders.
added
Definitions— In this section:
added
Unmanned maritime systems—
added
In general— The term unmanned maritime systems means—
added
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
added
associated components of such vehicles, including control and communications systems, data transmission systems, and processing systems.
added
Examples— Such term includes the following:
added
Unmanned undersea vehicles.
added
Unmanned surface vehicles.
added
Unmanned aerial vehicles.
added
Autonomous underwater vehicles.
added
Autonomous surface vehicles.
added
Autonomous aerial vehicles.
added
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.
added
Satellite vessel tracking technologies— The term satellite vessel tracking technologies means shipboard broadcast systems that use satellites and terrestrial receivers to continually track vessels.
Sec. 11202 Unmanned aircraft systems testing
added
added
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.
added
Designation of area—
added
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.
added
Considerations— In designating a training area under paragraph (1), the Commandant shall—
added
ensure that such training area has or receives all necessary Federal Aviation Administration flight authorization; and
added
take into consideration all of the following attributes of the training area:
added
Direct over-water maritime access from the site.
added
The availability of existing Coast Guard support facilities, including pier and dock space.
added
Proximity to existing and available offshore Warning Area airspace for test and training.
added
Existing facilities and infrastructure to support unmanned aircraft system-augmented, and small unmanned aircraft-augmented, training, evaluations, and exercises.
added
Existing facilities with a proven track record of supporting unmanned aircraft systems and small unmanned aircraft systems flight operations.
added
Definitions— In this section—
added
the term existing means as of the date of enactment of this Act; and
added
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. 11203 Land-based unmanned aircraft system program of Coast Guard
added
added
Funding for certain enhanced capabilities— Section 319 of title 14, United States Code, is amended by adding at the end the following new subsection:
added “(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.”
added
Report on use of unmanned aircraft systems for certain surveillance—
added
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—
added
establish and maintain regular maritime domain awareness of such areas;
added
ensure appropriate response to illegal activities in such areas; and
added
collaborate with State, local, and tribal authorities, and international partners, in surveillance missions over their waters in such areas.
added
Appropriate committees of Congress defined— In this subsection, the term appropriate committees of Congress means—
added
the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and
added
the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives.
Sec. 11204 Prohibition on operation or procurement of foreign-made unmanned aircraft systems
added
added
Prohibition on agency operation or procurement— The Commandant may not operate or enter into or renew a contract for the procurement of—
added
an unmanned aircraft system that—
added
is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country;
added
uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country or by an entity domiciled in a covered foreign country;
added
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
added
uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or
added
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.
added
Exemption—
added
In general— The Commandant is exempt from the restriction under subsection (a) if—
added
the operation or procurement is for the purposes of—
added
counter-UAS system surrogate testing and training; or
added
intelligence, electronic warfare, and information warfare operations, testing, analysis, and training; or
added
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—
added
connect to the internet or an outside telecommunications service;
added
connect to other devices or electronics, except as necessary to perform the mission; or
added
perform any missions in support of classified information or that may threaten national security.
added
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.
added
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.
added
Definitions— In this section:
added
Covered foreign country— The term covered foreign country means the People’s Republic of China.
added
Counter-UAS system— The term counter-UAS system has the meaning given such term in section 44801 of title 49, United States Code.
added
Unmanned aircraft system— The term unmanned aircraft system has the meaning given such term in section 44801 of title 49, United States Code.
Sec. 11205 United States commercial space-based radio frequency maritime domain awareness testing and evaluation program
added
added
Testing and evaluation program— The Secretary of the department in which the Coast Guard is operating, acting through the Blue Technology Center of Expertise, shall carry out a testing and evaluation program of United States commercial space-based radio frequency geolocation and maritime domain awareness products and services to support the mission objectives of maritime enforcement by the Coast Guard and other components of the Coast Guard. The objectives of this testing and evaluation program shall include—
added
developing an understanding of how United States commercial space-based radio frequency data products can meet current and future mission requirements;
added
establishing how United States commercial space-based radio frequency data products should integrate into existing work flows; and
added
establishing how United States commercial space-based radio frequency data products could be integrated into analytics platforms.
added
Report— Not later than 240 days after the date of enactment of this Act, such Secretary shall prepare and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the testing and evaluation program under subsection (a), including recommendations on how the Coast Guard should fully exploit United States commercial space-based radio frequency data products to meet current and future mission requirements.
Sec. 11206 Authorization of use of automatic identification systems devices to mark fishing equipment
added
added
Definitions— In this section—
added
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;
added
the term Automatic Identification System device means a covered device that operates in radio frequencies assigned to the Automatic Identification System;
added
the term Commission means the Federal Communications Commission; and
added
the term covered device means a device used to mark fishing equipment.
added
Rulemaking required— Not later than 180 days after the date of enactment of this Act, the Commission, in consultation with the Commandant, the Secretary of State, and the Secretary of Commerce (acting through the Administrator of National Telecommunications and Information Administration), shall initiate a rulemaking proceeding to consider whether to authorize covered devices to operate in radio frequencies assigned to the Automatic Identification System.
added
Considerations— In conducting the rulemaking under subsection (b), the Commission shall consider whether imposing requirements with respect to the manner in which Automatic Identification System devices are deployed and used would enable the authorization of covered devices to operate in radio frequencies assigned to the Automatic Identification System consistent with the core purpose of the Automatic Identification System to prevent maritime accidents.
Sec. 11301 Coast Guard Arctic prioritization
added
added
Findings— Congress makes the following findings:
added
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.
added
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.
added
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.
added
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.
added
The increasing role of the United States in the Arctic has been highlighted in each of the last four national defense authorization acts.
added
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.”.
added
Sense of Congress— It is the sense of Congress that—
added
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;
added
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;
added
Congress fully supports the needed and important re-capitalization of the fleet of cutters and aircraft of the Coast Guard, but, the Coast Guard must avoid overextending operational assets for remote international missions at the cost of dedicated focus on this domestic area of responsibility with significant international interest and activity; and
added
although some progress has been made to increase awareness of Arctic issues and to promote increased presence in the region, additional measures are needed to protect vital economic, environmental, and national security interests of the United States, and to show the commitment of the United States to this emerging strategic choke point of increasing great power competition.
added
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. 11302 Arctic PARS Native engagement
addedadded The Commandant shall—
added
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
added
consider the concerns of the Arctic coastal community regarding any Alaskan Arctic Coast Port Access Route, including safety needs and concerns.
Sec. 11303 Voting requirement
addedadded 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:
added “(iv) Voting requirement—The panel may act only by the affirmative vote of at least 5 of its members, except that any decision made pursuant to the last sentence of subparagraph (C) shall require the unanimous vote of all 6 members of the panel.”
Sec. 11304 Report on the Arctic capabilities of the Armed Forces
added
added
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.
added
Elements— The report required by subsection (a) shall include the following:
added
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.
added
A description of commercial and foreign military surface forces currently operating in the Arctic in conditions inaccessible to Navy surface forces.
added
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.
added
A comparison of the domain awareness capabilities of—
added
Coast Guard forces operating alone; and
added
Coast Guard forces operating in tandem with Navy surface and aviation forces and the surface and aviation forces of other allies.
added
A comparison of the defensive capabilities of—
added
Coast Guard forces operating alone; and
added
Coast Guard forces operating in mutual defense with Navy forces, other Armed Forces, and the military forces of allies.
added
Form— The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
added
Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
added
the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and
added
the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives.
Sec. 11305 Report on Arctic search and rescue
added
added
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.
added
Contents— The report under subsection (a) shall include the following:
added
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.
added
An analysis of the costs of forward deploying on a seasonal basis Coast Guard assets in support of such communities for responses to such incidents.
Sec. 11306 Arctic Shipping Federal Advisory Committee
added
added
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.
added
Definitions— In this section:
added
Advisory committee— The term Advisory Committee means the Arctic Shipping Federal Advisory Committee established under subsection (c)(1).
added
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).
added
Arctic sea routes— The term Arctic Sea Routes means the international Northern Sea Route, the Transpolar Sea Route, and the Northwest Passage.
added
Establishment of the Arctic shipping Federal Advisory Committee—
added
Establishment of Advisory Committee—
added
In general— The Secretary of Transportation, in coordination with the Secretary of State, the Secretary of Defense acting through the Secretary of the Army and the Secretary of the Navy, the Secretary of Commerce, and the Secretary of the Department in which the Coast Guard is operating, shall establish an Arctic Shipping Federal Advisory Committee in the Department of Transportation to advise the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is operating on matters related to Arctic maritime transportation, including Arctic seaway development.
added
Meetings— The Advisory Committee shall meet at the call of the Chairperson, and at least once annually in Alaska.
added
Membership—
added
In general— The Advisory Committee shall be composed of 17 members as described in subparagraph (B).
added
Composition— The members of the Advisory Committee shall be—
added
1 individual appointed and designated by the Secretary of Transportation to serve as the Chairperson of the Advisory Committee;
added
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;
added
1 designee of the Secretary of Commerce;
added
1 designee of the Secretary of State;
added
1 designee of the Secretary of Transportation;
added
1 designee of the Secretary of Defense;
added
1 designee from the State of Alaska, nominated by the Governor of Alaska and designated by the Secretary of Transportation;
added
1 designee from the State of Washington, nominated by the Governor of Washington and designated by the Secretary of Transportation;
added
3 Alaska Native Tribal members;
added
1 individual representing Alaska Native subsistence co-management groups affected by Arctic maritime transportation;
added
1 individual representing coastal communities affected by Arctic maritime transportation;
added
1 individual representing vessels of the United States (as defined in section 116 of title 46, United States Code) participating in the shipping industry;
added
1 individual representing the marine safety community;
added
1 individual representing the Arctic business community; and
added
1 individual representing maritime labor organizations.
added
Terms—
added
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.
added
Vacancies— Any vacancy in the membership of the Advisory Committee shall not affect its responsibilities, but shall be filled in the same manner as the original appointment and in accordance with the Federal Advisory Committee Act (5 U.S.C. App.).
added
Functions— The Advisory Committee shall carry out all of the following functions:
added
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:
added
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.
added
Provision of services that are not widely commercially available in the United States Arctic that would—
added
improve Arctic maritime safety and environmental protection;
added
enhance Arctic maritime domain awareness; and
added
support navigation and incident response for vessels transiting the Arctic Sea Routes.
added
Establishment of rules of measurement for vessels and cargo for the purposes of levying voluntary rates of charges or fees for services.
added
As an option under subparagraph (A), consider establishing a congressionally chartered seaway development corporation modeled on the Saint Lawrence Seaway Development Corporation, and—
added
develop recommendations for establishing such a corporation and a detailed implementation plan for establishing such an entity; or
added
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.
added
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.
added
In developing the advice and recommendations under subparagraph (C), engage with and solicit feedback from coastal communities, Alaska Native subsistence co-management groups, and Alaska Native tribes.
added
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.
added
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.
added
International engagement— If a Special Representative for the Arctic Region is appointed by the Secretary of State, the duties of that Representative shall include—
added
coordination of any activities recommended by the implementation plan submitted by the Advisory Committee and approved by the Secretary of Transportation; and
added
facilitation of multilateral dialogues with member and observer nations of the Arctic Council to encourage cooperation on Arctic maritime transportation.
added
Tribal consultation— In implementing any of the recommendations provided under subsection (c)(3)(C), the Secretary of Transportation shall consult with Alaska Native tribes.
Sec. 11401 Plan for wing-in-ground demonstration plan
added
added
In general—
added
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—
added
provide transportation in areas in which energy exploration, development or production activity takes place on the Outer Continental Shelf; and
added
under the craft’s own power, safely reach helidecks or platforms located on offshore energy facilities.
added
Requirements— The plans required under paragraph (1) shall—
added
examine and explain any safety issues with regard to the operation of the such craft as a vessel, or as an aircraft, or both;
added
include a timeline and technical milestones for the implementation of such a demonstration program;
added
outline resource requirements needed to undertake such a demonstration program;
added
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;
added
describe the operations under which Federal Aviation Administration statutes, regulations, circulars, or orders apply; and
added
describe the certifications, permits, or authorizations required to perform any operations.
added
Report— Not later than 1 year after the date of the enactment of this Act, the Commandant, along with the Administrator of the Federal Aviation Administration with regard to any regulatory or safety matter regarding airspace, air space authorization, or aviation, shall brief the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate on the plan developed under subsection (a), including—
added
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;
added
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
added
any other statutory or regulatory changes related to authority of the Federal Aviation Administration over operations of the craft.
Sec. 11402 Northern Michigan oil spill response planning
addedadded Notwithstanding any other provision of law, not later than 180 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating, in consultation with the Administrator of the Environmental Protection Agency and the Administrator of the Pipeline and Hazardous Materials Safety Administration, shall update the Northern Michigan Area Contingency Plan to include a worst-case discharge from a pipeline in adverse weather conditions.
Sec. 11403 Documentation of LNG tankers
addedadded Section 7(b) of the America’s Cup Act of 2011 (Public Law 112–61) is amended—
added
in paragraph (3)—
added
by striking “of the vessel on the date of enactment of this Act”; and
added
by inserting before the period the following: “, unless prior to any such sale the vessel has been operated in a coastwise trade for not less than 1 year after the date of enactment of the Elijah E. Cummings Coast Guard Authorization Act of 2020 and prior to sale of vessel”;
added
by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and
added
by inserting after paragraph (1) the following:
added “(2) Limitation on ownership—The Secretary of the department in which the Coast Guard is operating may only issue a certificate of documentation with a coastwise endorsement to a vessel designated in paragraph (1) if the owner of the vessel is an individual or individuals who are citizens of the United States, or is deemed to be such a citizen under section 50501 of title 46, United States Code.
added “(3) Limitation on repair and modification
added “(A) Requirement—Any qualified work shall be performed at a shipyard facility located in the United States.
added “(B) Exceptions—The requirement in subparagraph (A) does not apply to any qualified work—
added “(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
added “(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.
added “(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. 11404 Replacement vessel
addedadded Notwithstanding section 208(g)(5) of the American Fisheries Act (Public Law 105–277; 16 U.S.C. 1851 note), a vessel eligible under section 208(e)(21) of such Act that is replaced under section 208(g) of such Act shall be subject to a sideboard restriction catch limit of zero metric tons in the Bering Sea and Aleutian Islands and in the Gulf of Alaska unless that vessel is also a replacement vessel under section 679.4(o)(4) of title 50, Code of Federal Regulations, in which case such vessel shall not be eligible to be a catcher/processor under section 206(b)(2) of such Act.
Sec. 11405 Educational vessel
added
added
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).
added
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:
added
The vessel is sold to a person, including an entity, that is not related by ownership or control to the person, including an entity, that owned the vessel on the date of the enactment of this Act.
added
The vessel is rebuilt and not rebuilt in the United States (as defined in section 12101(a) of title 46, United States Code).
added
The vessel is no longer operating in primary service as a sailing school vessel.
Sec. 11406 Waters deemed not navigable waters of the United States for certain purposes
addedadded 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. 11407 Anchorages
added
added
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.
added
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.
added
Savings clause— Nothing in this section—
added
prevents the master or pilot of a vessel operating on the reach of the Hudson River described in subsection (a) from taking emergency actions necessary to maintain the safety of the vessel or to prevent the loss of life or property; or
added
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.
added
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—
added
the nature of vessel traffic including vessel types, sizes, cargoes, and frequency of transits;
added
the risks and benefits of historic practices for commercial vessels anchoring; and
added
the risks and benefits of establishing anchorage grounds on the Hudson River.
added
Report— Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings, conclusions, and recommendations from the study required under subsection (d).
Sec. 11408 Comptroller General of the United States study and report on vertical evacuation for tsunamis at Coast Guard Stations in Washington and Oregon
added
added
Study—
added
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.
added
Elements— The study required under paragraph (1) shall analyze the following:
added
The number of such personnel and dependents to be evacuated.
added
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.
added
With the resources available, the amount of time needed to evacuate such personnel and dependents.
added
Any resource that is otherwise available within a reasonable walking distance to the Coast Guard facilities listed in paragraph (1).
added
The benefit to the surrounding community of such a vertical evacuation.
added
The interoperability of the tsunami warning system with the Coast Guard communication systems at the Coast Guard facilities listed in paragraph (1).
added
Current interagency coordination and communication policies in place for emergency responders to address a Cascadia subduction zone event.
added
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. 11409 Authority to enter into agreements with National Coast Guard Museum Association
added
added
In general— Section 316 of title 14, United States Code, is amended to read as follows:
added “316. National Coast Guard Museum
added “(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.
added “(b) Use of funds
added “(1) The Secretary shall not expend any funds appropriated to the Coast Guard on the construction of any museum established under this section.
added “(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.
added “(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.
added “(4) To the maximum extent practicable, the Secretary shall minimize the use of Federal funds for the construction of the Museum.
added “(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—
added “(1) estimated planning, engineering, design, construction, operation, and maintenance costs;
added “(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;
added “(3) an explanation of any environmental remediation issues related to the land associated with the Museum; and
added “(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.
added “(d) Construction
added “(1) The Association may construct the Museum described in subsection (a).
added “(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.
added “(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—
added “(1) license Federal land to the Association for the purpose of constructing the Museum described in subsection (a); and
added “(2)
added “(A) at a nominal charge, lease the Museum from the Association for activities and operations related to the Museum; and
added “(B) authorize the Association to generate revenue from the use of the Museum.
added “(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—
added “(1) the Association demonstrates, in a manner acceptable to the Commandant, that the Museum meets the design and construction requirements of subsection (d); and
added “(2) all financial obligations of the Association incident to the National Coast Guard Museum have been satisfied.
added “(g) Gifts
added “(1) The Commandant may solicit from the Association and accept funds and in-kind gifts from nonprofit entities, including services related to activities for the construction of the Museum.
added “(2) Funds and in-kind gifts described in paragraph (1) shall be—
added “(A) accepted and administered consistent with section 2601 of title 10; and
added “(B) deposited in the Coast Guard General Gift Fund.
added “(3) The use of any funds and in-kind gifts described in paragraph (1) shall be subject to the availability of appropriations.
added “(h) Authority—The Commandant may not establish a Museum except as set forth in this section.
added “(i) Definitions—In this section:
added “(1) Museum—The term Museum means the National Coast Guard Museum.
added “(2) Association—The term Association means the National Coast Guard Museum Association.”
added
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:
added
The acceptance of gifts.
added
Engineering.
added
Design and project status.
added
Land ownership.
added
Environmental remediation.
added
Operation and support issues.
added
Plans.
Sec. 11410 Formal sexual assault policies for passenger vessels
added
added
Maintenance and placement of video surveillance equipment— Section 3507(b)(1) of title 46, United States Code, is amended—
added
by striking “The owner” and inserting the following:
added “(A) In general—The owner”
added
by striking “, as determined by the Secretary”; and
added
by adding at the end, the following:
added “(B) Placement of video surveillance equipment
added “(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.
added “(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—
added “(I) evaluate the placement of video surveillance equipment to deter, prevent, and record a sexual assault aboard the vessel considering factors such as: ship layout and design, itinerary, crew complement, number of passengers, passenger demographics, and historical data on the type and location of prior sexual assault incident allegations;
added “(II) incorporate to the maximum extent practicable the video surveillance guidance established by the Commandant regarding the appropriate placement of video surveillance equipment;
added “(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
added “(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).
added “(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).
added “(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.
added “(E) Attestation—At the time of initial installation under subparagraph (D), the vessel owner shall obtain written attestations from—
added “(i) an IACS classification society that the video surveillance equipment is installed in accordance with the surveillance plan required under subparagraph (C); and
added “(ii) the company security officer that the surveillance equipment and associated systems are operational, which attestation shall be obtained each year thereafter.
added “(F) Updates—The vessel owner shall ensure the risk assessment described in subparagraph (B)(ii) and installation plan in subparagraph (C) are updated not later than 5 years after the initial installation conducted under subparagraph (D), and every 5 years thereafter. The updated assessment and plan shall be approved by an independent third party with expertise in the use and placement of camera surveillance to deter, prevent, and record criminal behavior that has been accepted by an IACS classification society. The vessel owner shall implement the updated installation plan not later than 180 days after approval.
added “(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—
added “(i) upon request, and
added “(ii) at the time of the certificate of compliance or certificate of inspection examination.
added “(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.”
added
Access to video records; notice of video surveillance— Section 3507(b), of title 46, United States Code, is further amended—
added
by redesignating paragraph (2) as paragraph (3);
added
by inserting after paragraph (1) the following:
added “(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.”
added
in paragraph (3), as so redesignated—
added
by striking “The owner” and inserting the following:
added “(A) Law enforcement—The owner”
added
by adding at the end the following:
added “(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—
added “(i) in which the individual is a subject of the video surveillance; and
added “(ii) that may provide evidence of any sexual assault incident in a civil action.
added “(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.”
added
Retention requirements—
added
In general— Section 3507(b), of title 46, United States Code, is further amended by adding at the end the following:
added “(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—
added “(A) be provided to the Federal Bureau of Investigation; and
added “(B) be preserved by the vessel owner for not less than 4 years from the date of the alleged incident.”
added
Administrative provisions—
added
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.
added
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.
added
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.
added
Considerations— In promulgating standards under subparagraphs (B) and (B), the Commandant shall—
added
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;
added
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;
added
consider privacy, including standards for permissible access to and monitoring and use of the records of video surveillance; and
added
consider technological advancements, including requirements to update technology.
Sec. 11411 Regulations for covered small passenger vessels
addedadded Section 3306 of title 46, United States Code, is amended—
added
in subsection (a)—
added
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
added
in paragraph (5), by inserting before the period at the end “, including rechargeable devices utilized for personal or commercial electronic equipment”; and
added
by adding at the end the following:
added “(n) Covered small passenger vessels
added “(1) Regulations—The Secretary shall prescribe additional regulations to secure the safety of individuals and property on board covered small passenger vessels.
added “(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.
added “(3) Requirements
added “(A) In general—Subject to subparagraph (B), the regulations prescribed under paragraph (1) shall include, with respect to covered small passenger vessels, regulations for—
added “(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—
added “(I) at least monthly while such members are employed on board the vessel; and
added “(II) each time a new crewmember joins the crew of such vessel;
added “(ii) in all areas on board the vessel where passengers and crew have access, including dining areas, sleeping quarters, and lounges—
added “(I) interconnected fire detection equipment, including audible and visual alarms; and
added “(II) additional fire extinguishers and other firefighting equipment;
added “(iii) the installation and use of monitoring devices to ensure the wakefulness of the required night watch;
added “(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;
added “(v) all general areas accessible to passengers to have no less than 2 independent avenues of escape that are—
added “(I) constructed and arranged to allow for free and unobstructed egress from such areas;
added “(II) located so that if one avenue of escape is not available, another avenue of escape is available; and
added “(III) not located directly above, or dependent on, a berth;
added “(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;
added “(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
added “(viii) all passengers to be provided a copy of the emergency egress plan for the vessel.
added “(B) Applicability to certain covered small passenger vessels—The requirements described in clauses (iii), (v), (vii), and (viii) of subparagraph (A) shall only apply to a covered small passenger vessel that has overnight passenger accommodations.
added “(4) Interim requirements
added “(A) Interim requirements—The Secretary shall, prior to issuing final regulations under paragraph (1), implement interim requirements to enforce the requirements under paragraph (3).
added “(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).
added “(5) Definition of covered small passenger vessel—In this subsection, the term covered small passenger vessel—
added “(A) except as provided in subparagraph (B), means a small passenger vessel (as defined in section 2101) that—
added “(i) has overnight passenger accommodations; or
added “(ii) is operating on a coastwise or oceans route; and
added “(B) does not include a ferry (as defined in section 2101) or fishing vessel (as defined in section 2101).”
Sec. 12001 Transfers
added
added
In general—
added
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.
added
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.
added
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).
added
Section 401 of the Coast Guard Authorization Act of 2010 (Public Law 111–281) is amended by striking subsection (e).
added
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:
added “1110. Elevation of disputes to the Chief Acquisition Officer
added “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.”
added
Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33 U.S.C. 471) is amended—
added
by transferring such section to appear after section 70005 of title 46, United States Code;
added
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
added
by adjusting the margins with respect to subsections (a) and (b) for the presence of a section heading accordingly.
added
Section 217 of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 14 U.S.C. 504 note)—
added
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
added
is amended—
added
by striking the heading and inserting the following:
added “5112. Sexual assault and sexual harassment in the Coast Guard”
added
in subsection (b), by adding at the end the following:
added “(5)
added “(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.
added “(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).
added “(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).
added “(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.”
added
Clerical amendments—
added
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:
added
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:
added
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:
added
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:
added
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:
Sec. 12002 Additional transfers
added
added
Section 204 of the Marine Transportation Security Act—
added
The Maritime Transportation Security Act of 2002 is amended by striking section 204 (33 U.S.C. 1902a).
added
Section 3 of the Act to Prevent Pollution from Ships (33 U.S.C. 1902)—
added
is amended by redesignating subsections (e) through (i) as subsections (f) through (j) respectively; and
added
by inserting after subsection (d) the following:
added “(e) Discharge of agricultural cargo residue—Notwithstanding any other provision of law, the discharge from a vessel of any agricultural cargo residue material in the form of hold washings shall be governed exclusively by the provisions of this Act that implement Annex V to the International Convention for the Prevention of Pollution from Ships.”
added
LNG Tankers—
added
The Coast Guard and Maritime Transportation Act of 2006 is amended by striking section 304 (Public Law 109–241; 120 Stat. 527).
added
Section 5 of the Deepwater Port Act of 1974 (33 U.S.C. 1504) is amended by adding at the end the following:
added “(j) LNG Tankers
added “(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.
added “(2) Information to be provided—When the Coast Guard is operating as a contributing agency in the Federal Energy Regulatory Commission’s shoreside licensing process for a liquefied natural gas or liquefied petroleum gas terminal located on shore or within State seaward boundaries, the Coast Guard shall provide to the Commission the information described in section 5(c)(2)(K) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c)(2)(K)) with respect to vessels reasonably anticipated to be servicing that port.”
Sec. 12003 License exemptions; repeal of obsolete provisions
added
added
Service under licenses issued without examination—
added
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.
added
Conforming amendment— Section 14305(a)(10) of title 46, United States Code, is amended by striking “sections 8303 and 8304” and inserting “section 8304”.
added
Standards for tank vessels of the united states— Section 9102 of title 46, United States Code, is amended—
added
by striking “(a)” before the first sentence; and
added
by striking subsection (b).
Sec. 12004 Maritime transportation system
added
added
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”.
added
Clarification of reference to marine transportation system programs— Section 50307(a) of title 46, United States Code, is amended by striking “marine transportation” and inserting “maritime transportation”.
Sec. 12005 References to “persons” and “seamen”
added
added
Technical correction of references to “persons”— Title 14, United States Code, is amended as follows:
added
In section 312(d), by striking “persons” and inserting “individuals”.
added
In section 313(d)(2)(B), by striking “person” and inserting “individual”.
added
In section 504—
added
in subsection (a)(19)(B), by striking “a person” and inserting “an individual”; and
added
in subsection (c)(4), by striking “seamen;” and inserting “mariners;”.
added
In section 521, by striking “persons” each place it appears and inserting “individuals”.
added
In section 522—
added
by striking “a person” and inserting “an individual”; and
added
by striking “person” the second and third place it appears and inserting “individual”.
added
In section 525(a)(1)(C)(ii), by striking “person” and inserting “individual”.
added
In section 526—
added
by striking “person” each place it appears and inserting “individual”;
added
by striking “persons” each place it appears and inserting “individuals”; and
added
in subsection (b), by striking “person’s” and inserting “individual’s”.
added
In section 709—
added
by striking “persons” and inserting “individuals”; and
added
by striking “person” and inserting “individual”.
added
In section 933(b), by striking “Every person” and inserting “An individual”.
added
In section 1102(d), by striking “persons” and inserting “individuals”.
added
In section 1902(b)(3)—
added
in subparagraph (A), by striking “person or persons” and inserting “individual or individuals”; and
added
in subparagraph (B), by striking “person” and inserting “individual”.
added
In section 1941(b), by striking “persons” and inserting “individuals”.
added
In section 2101(b), by striking “person” and inserting “individual”.
added
In section 2102(c), by striking “A person” and inserting “An individual”.
added
In section 2104(b)—
added
by striking “persons” and inserting “individuals”; and
added
by striking “A person” and inserting “An individual”.
added
In section 2118(d), by striking “person” and inserting “individual who is”.
added
In section 2147(d), by striking “a person” and inserting “an individual”.
added
In section 2150(f), by striking “person” and inserting “individual who is”.
added
In section 2161(b), by striking “person” and inserting “individual”.
added
In section 2317—
added
by striking “persons” and inserting “individuals”;
added
by striking “person” each place it appears and inserting “individual”; and
added
in subsection (c)(2), by striking “person’s” and inserting “individual’s”.
added
In section 2531—
added
by striking “person” each place it appears and inserting “individual”; and
added
by striking “persons” each place it appears and inserting “individuals”.
added
In section 2709, by striking “persons” and inserting “individuals”.
added
In section 2710—
added
by striking “persons” and inserting “individuals”; and
added
by striking “person” each place it appears and inserting “individual”.
added
In section 2711(b), by striking “person” and inserting “individual”.
added
In section 2732, by striking “a person” and inserting “an individual”.
added
In section 2733—
added
by striking “A person” and inserting “An individual”; and
added
by striking “that person” and inserting “that individual”.
added
In section 2734, by striking “person” each place it appears and inserting “individual”.
added
In section 2735, by striking “a person” and inserting “an individual”.
added
In section 2736, by striking “person” and inserting “individual”.
added
In section 2737, by striking “a person” and inserting “an individual”.
added
In section 2738, by striking “person” and inserting “individual”.
added
In section 2739, by striking “person” and inserting “individual”.
added
In section 2740—
added
by striking “person” and inserting “individual”; and
added
by striking “one” the second place it appears.
added
In section 2741—
added
in subsection (a), by striking “a person” and inserting “an individual”;
added
in subsection (b)(1), by striking “person’s” and inserting “individual’s”; and
added
in subsection (b)(2), by striking “person” and inserting “individual”.
added
In section 2743, by striking “person” each place it appears and inserting “individual”.
added
In section 2744—
added
in subsection (b), by striking “a person” and inserting “an individual”; and
added
in subsections (a) and (c), by striking “person” each place it appears and inserting “individual”.
added
In section 2745, by striking “person” and inserting “individual”.
added
added
In section 2761—
added
in the section heading, by striking “Persons” and inserting “Individuals”;
added
by striking “persons” and inserting “individuals”; and
added
by striking “person” and inserting “individual”.
added
In the analysis for chapter 27, by striking the item relating to section 2761 and inserting the following:
added
added
In the heading for section 2767, by striking “persons” and inserting “individuals”.
added
In the analysis for chapter 27, by striking the item relating to section 2767 and inserting the following:
added
In section 2769—
added
by striking “a person’s” and inserting “an individual’s”; and
added
in paragraph (1), by striking “person” and inserting “individual”.
added
In section 2772(a)(2), by striking “person” and inserting “individual”.
added
In section 2773—
added
in subsection (b), by striking “persons” each place it appears and inserting “individuals”; and
added
in subsection (d), by striking “a person” and inserting “an individual”.
added
In section 2775, by striking “person” each place it appears and inserting “individual”.
added
In section 2776, by striking “person” and inserting “individual”.
added
added
In section 2777—
added
in the heading, by striking “persons” and inserting “individuals”; and
added
by striking “persons” each place it appears and inserting “individuals”.
added
In the analysis for chapter 27, by striking the item relating to section 2777 and inserting the following:
added
In section 2779, by striking “persons” each place it appears and inserting “individuals”.
added
In section 2902(c), by striking “person” and inserting “individual”.
added
In section 2903(b), by striking “person” and inserting “individual”.
added
In section 2904(b)(1)(B), by striking “a person” and inserting “an individual”.
added
In section 3706—
added
by striking “a person” and inserting “an individual”; and
added
by striking “person’s” and inserting “individual’s”.
added
In section 3707—
added
in subsection (c)—
added
by striking “person” and inserting “individual”; and
added
by striking “person’s” and inserting “individual’s”; and
added
in subsection (e), by striking “a person” and inserting “an individual”.
added
In section 3708, by striking “person” each place it appears and inserting “individual”.
added
In section 3738—
added
by striking “a person” each place it appears and inserting “an individual”;
added
by striking “person’s” and inserting “individual’s”; and
added
by striking “A person” and inserting “An individual”.
added
Correction of references to persons and seamen—
added
Section 2303a(a) of title 46, United States Code, is amended by striking “persons” and inserting “individuals”.
added
Section 2306(a)(3) of title 46, United States Code, is amended to read as follows:
added “(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—
added “(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
added “(B) submit written confirmation to the Coast Guard within 24 hours after nonwritten notification to the Coast Guard under such paragraphs.”
added
Section 7303 of title 46, United States Code, is amended by striking “seaman” each place it appears and inserting “individual”.
added
Section 7319 of title 46, United States Code, is amended by striking “seaman” each place it appears and inserting “individual”.
added
Section 7501(b) of title 46, United States Code, is amended by striking “seaman” and inserting “holder”.
added
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”.
added
Section 7510 of title 46, United States Code, is amended—
added
in subsection (c)(8)(B), by striking “merchant seamen” and inserting “merchant mariner”; and
added
in subsection (d), by striking “merchant seaman” and inserting “merchant mariner”.
added
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”.
added
Section 8104 of title 46, United States Code, is amended—
added
in subsection (c), by striking “a licensed individual or seaman” and inserting “an individual”;
added
in subsection (d), by striking “A licensed individual or seaman” and inserting “An individual”;
added
in subsection (e), by striking “a seaman” each place it appears and inserting “an individual”; and
added
in subsection (j), by striking “seaman” and inserting “individual”.
added
Section 8302(d) of title 46, United States Code, is amended by striking “3 persons” and inserting “3 individuals”.
added
Section 11201 of title 46, United States Code, is amended by striking “a person” each place it appears and inserting “an individual”.
added
Section 11202 of title 46, United States Code, is amended—
added
by striking “a person” and inserting “an individual”; and
added
by striking “the person” each place it appears and inserting “the individual”.
added
Section 11203 of title 46, United States Code, is amended—
added
by striking “a person” each place it appears and inserting “an individual”; and
added
in subsection (a)(2), by striking “that person” and inserting “that individual”.
added
Section 15109(i)(2) of title 46, United States Code, is amended by striking “additional persons” and inserting “additional individuals”.
Sec. 12006 References to “himself” and “his”
added
added
Section 1927 of title 14, United States Code, is amended by—
added
striking “of his initial” and inserting “of an initial”; and
added
striking “from his pay” and inserting “from the pay of such cadet”.
added
Section 2108(b) of title 14, United States Code, is amended by striking “himself” and inserting “such officer”.
added
Section 2732 of title 14, United States Code, as amended by this division, is further amended—
added
by striking “distinguishes himself conspicuously by” and inserting “displays conspicuous”; and
added
by striking “his” and inserting “such individual’s”.
added
Section 2736 of title 14, United States Code, as amended by this division, is further amended by striking “distinguishes himself by” and inserting “performs”.
added
Section 2738 of title 14, United States Code, as amended by this division, is further amended by striking “distinguishes himself by” and inserting “displays”.
added
Section 2739 of title 14, United States Code, as amended by this division, is further amended by striking “distinguishes himself by” and inserting “displays”.
added
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”.
added
Section 2743 of title 14, United States Code, as amended by this division, is further amended—
added
by striking “distinguishes himself”; and
added
by striking “he” and inserting “such individual”.
Sec. 12007 Miscellaneous technical corrections
added
added
Miscellaneous technical corrections—
added
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”.
added
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)”.
added
The analysis for chapter 700 of title 46, United States Code, is amended—
added
by striking the item relating to the heading for the first subchapter and inserting the following:
added
by striking the item relating to the heading for the second subchapter and inserting the following:
added
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:
added
by striking the item relating to the heading for the fourth subchapter and inserting the following:
added
by striking the item relating to the heading for the fifth subchapter and inserting the following:
added
by striking the item relating to the heading for the sixth subchapter and inserting the following:
added
Section 70031 of title 46, United States Code, is amended by striking “A through C” and inserting “I through III”.
added
Section 70032 of title 46, United States Code, is amended by striking “A through C” and inserting “I through III”.
added
Section 70033 of title 46, United States Code, is amended by striking “A through C” and inserting “I through III”.
added
Section 70034 of title 46, United States Code, is amended by striking “A through C” each place it appears and inserting “I through III”.
added
Section 70035(a) of title 46, United States Code, is amended by striking “A through C” and inserting “I through III”.
added
Section 70036 of title 46, United States Code, is amended by—
added
striking “A through C” each place it appears and inserting “I through III”; and
added
striking “A, B, or C” each place it appears and inserting “I, II, or III”.
added
Section 70051 of title 46, United States Code, is amended—
added
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
added
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”.
added
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.
added
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).
added
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),”.
added
Technical corrections to Frank LoBiondo Coast Guard Authorization Act of 2018—
added
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.
added
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”.
added
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”.
added
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”.
added
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)”.
added
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”.
added
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.
added
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”.
added
Distant water tuna fleet; technical corrections— Section 421 of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241) is amended—
added
in subsection (a)—
added
by striking “Notwithstanding” and inserting the following:
added “(1) In general—Notwithstanding”
added
by adding at the end the following:
added “(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).”
added
in subsection (c)—
added
by striking “12.6 or 12.7” and inserting “13.6”; and
added
by striking “and Maritime Transportation Act of 2012” and inserting “Authorization Act of 2020”.
Sec. 12008 Technical corrections relating to codification of Ports and Waterways Safety Act
addedadded 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—
added
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)—
added
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
added
as so redesignated and transferred, is amended—
added
in subsections (b) and (e), by striking “section 4(a)(5)” each place it appears and inserting “section 70001(a)(5)”;
added
in subsection (c)(2), by striking “not later than” and all that follows through “thereafter,” and inserting “periodically”; and
added
by striking subsection (h); and
added
chapter 700 of title 46, United States Code, is amended—
added
in section 70002(2), by inserting “or 70022” after “section 70021”;
added
in section 70036(e), by inserting “or 70022” after “section 70021”; and
added
in the analysis for such chapter—
added
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
added
by adding at the end the following:
Sec. 12009 Aids to navigation
added
added
Section 541 of title 14, United States Code, is amended—
added
by striking “In” and inserting “(a) In”; and
added
by adding at the end the following:
added “(b) In the case of pierhead beacons, the Commandant may—
added “(1) acquire, by donation or purchase in behalf of the United States, the right to use and occupy sites for pierhead beacons; and
added “(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.”
added
Subchapter III of chapter 5 of title 14, United States Code, is amended by adding at the end the following:
added “548. Prohibition against officers and employees being interested in contracts for materials
added “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.
added “549. Lighthouse and other sites; necessity and sufficiency of cession by State of jurisdiction
added “(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.
added “(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.
added “(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.
added “550. Marking pierheads in certain lakes
added “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.”
added
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:
Sec. 12010 Transfers related to employees of Lighthouse Service
added
added
Section 6 of chapter 103 of the Act of June 20, 1918 (33 U.S.C. 763) is repealed.
added
Chapter 25 of title 14, United States Code, is amended by inserting after section 2531 the following:
added “2532. Retirement of employees
added “(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—
added “(1) has completed 30 years of active service in the Government and is at least 55 years of age;
added “(2) has completed 25 years of active service in the Government and is at least 62 years of age; or
added “(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.
added “(b) Compulsory retirement—A covered employee who becomes 70 years of age shall be compulsorily retired from further performance of duty.
added “(c) Retirement for disability
added “(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.
added “(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.
added “(d) Annual compensation
added “(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.
added “(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.
added “(3) No allowance or subsistence—Retirement pay under this section shall not include any amount on account of subsistence or other allowance.
added “(e) Exception—The retirement and pay provision in this section shall not apply to—
added “(1) any person in the field service of the Lighthouse Service whose duties do not require substantially all their time; or
added “(2) persons of the Coast Guard.
added “(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.
added “(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.”
added
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:
Sec. 12011 Transfers related to surviving spouses of Lighthouse Service employees
added
added
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:
added “2533. Surviving spouses
added “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—
added “(1) at a time when such employee was receiving or was entitled to receive retirement pay under this subchapter; or
added “(2) from non-service-connected causes after fifteen or more years of employment in such service.”
added
Transfers related to surviving spouses of Lighthouse Service employees—
added
Chapter 25 of title 14, United States Code, is amended by inserting after section 2533 (as added by this division) the following:
added “2534. Application for benefits”
added
added
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.
added
Section 2534(a), as so redesignated, transferred, and amended is further amended by striking “this Act” and inserting “section 2533”.
added
added
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.
added
Section 2534(b), as so redesignated, transferred, and amended is further amended by striking “the provisions of this Act” and inserting “section 2533”.
added
added
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.
added
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”.
added
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:
Sec. 12012 Repeals related to lighthouse statutes
added
added
In general— The following provisions are repealed:
added
Section 4680 of the Revised Statutes of the United States (33 U.S.C. 725).
added
Section 4661 of the Revised Statutes of the United States (33 U.S.C. 727).
added
Section 4662 of the Revised Statutes of the United States (33 U.S.C. 728).
added
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).
added
Section 11 of chapter 301 of the Act of June 17, 1910 (33 U.S.C. 743).
added
The first section of chapter 215 of the Act of May 13, 1938 (33 U.S.C. 745a).
added
The first section of chapter 313 of the Act of February 25, 1929 (33 U.S.C. 747b).
added
Section 2 of chapter 103 of the Act of June 20, 1918 (33 U.S.C. 748).
added
Section 4 of chapter 371 of the Act of May 22, 1926 (33 U.S.C. 754a).
added
Chapter 642 of the Act of August 10, 1939 (33 U.S.C. 763a–1).
added
Chapter 788 of the Act of October 29, 1949 (33 U.S.C. 763–1).
added
Chapter 524 of the Act of July 9, 1956 (33 U.S.C. 763–2).
added
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).
added
Section 3 of chapter 215 of the Act of May 13, 1938 (33 U.S.C. 770).
added
The first section and section 2 of chapter 761 of the Act of August 19, 1950 (33 U.S.C. 771 and 772).
added
Savings—
added
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.
added
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.
Sec. 13001 Short title
addedadded This title may be cited as the “Federal Maritime Commission Authorization Act of 2020”.
Sec. 13002 Authorization of appropriations
addedadded 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. 13003 Unfinished proceedings
addedadded Section 305 of title 46, United States Code, is amended—
added
by striking “The Federal” and inserting “(a) In General.—The Federal”; and
added
by adding at the end the following:
added “(b) Transparency
added “(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.
added “(2) Format of reports—Each report under paragraph (1) shall, among other things, clearly identify for each unfinished regulatory proceeding—
added “(A) the popular title;
added “(B) the current stage of the proceeding;
added “(C) an abstract of the proceeding;
added “(D) what prompted the action in question;
added “(E) any applicable statutory, regulatory, or judicial deadline;
added “(F) the associated docket number;
added “(G) the date the rulemaking was initiated;
added “(H) a date for the next action; and
added “(I) if a date for the next action identified in the previous report is not met, the reason for the delay.”
Sec. 13004 Transfer of Federal Maritime Commission provisions
added
added
Transfer—
added
Subtitle IV of title 46, United States Code, is amended by adding at the end the following:
added “D Federal Maritime Commission
added “461 Federal Maritime Commission”
added
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.
added
Sections 301 through 308 of such title are redesignated as sections 46101 through 46108, respectively, of such title.
added
Conforming amendments—
added
Section 46101(c)(3)(A)(v) of title 46, United States Code, as so redesignated, is amended by striking “304” and inserting “46104”.
added
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”.
added
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”.
added
The analysis for subtitle I of title 46, United States Code, is amended by striking the item relating to chapter 3.
added
The analysis for subtitle IV of such title is amended by adding at the end the following:
added
The analysis for chapter 461 of part D of subtitle IV of such title, as so redesignated, is amended to read as follows:
added
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)”.
Sec. 14001 Short title
addedadded This division may be cited as the “Eliot L. Engel Department of State Authorization Act of 2020”.
Sec. 14101 Sense of Congress on importance of Department of State’s work
addedadded It is the sense of Congress that—
added
United States global engagement is key to a stable and prosperous world;
added
United States leadership is indispensable in light of the many complex and interconnected threats facing the United States and the world;
added
diplomacy and development are critical tools of national power, and full deployment of these tools is vital to United States national security;
added
challenges such as the global refugee and migration crises, terrorism, historic famine and food insecurity, and fragile or repressive societies cannot be addressed without sustained and robust United States diplomatic and development leadership;
added
the United States Government must use all of the instruments of national security and foreign policy at its disposal to protect United States citizens, promote United States interests and values, and support global stability and prosperity;
added
United States security and prosperity depend on having partners and allies that share our interests and values, and these partnerships are nurtured and our shared interests and values are promoted through United States diplomatic engagement, security cooperation, economic statecraft, and assistance that helps further economic development, good governance, including the rule of law and democratic institutions, and the development of shared responses to natural and humanitarian disasters;
added
as the United States Government agencies primarily charged with conducting diplomacy and development, the Department and the United States Agency for International Development (USAID) require sustained and robust funding to carry out this important work, which is essential to our ability to project United States leadership and values and to advance the United States interests around the world;
added
the work of the Department and USAID makes the United States and the world safer and more prosperous by alleviating global poverty and hunger, fighting HIV/AIDS and other infectious diseases, strengthening alliances, expanding educational opportunities for women and girls, promoting good governance and democracy, supporting anti-corruption efforts, driving economic development and trade, preventing armed conflicts and humanitarian crises, and creating American jobs and export opportunities;
added
the Department and USAID are vital national security agencies, whose work is critical to the projection of United States power and leadership worldwide, and without which Americans would be less safe, our economic power would be diminished, and global stability and prosperity would suffer;
added
investing in diplomacy and development before conflicts break out saves American lives while also being cost-effective; and
added
the contributions of personnel working at the Department and USAID are extraordinarily valuable and allow the United States to maintain its leadership around the world.
Sec. 14102 Bureau of Democracy, Human Rights, and Labor
addedadded Paragraph (2) of section 1(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended—
added
in subparagraph (A), by adding at the end the following new sentence: “All special envoys, ambassadors, and coordinators located within the Bureau of Democracy, Human Rights, and Labor shall report directly to the Assistant Secretary.”;
added
in subparagraph (B)(ii)—
added
by striking “section” and inserting “sections 116 and”; and
added
by inserting before the period at the end the following: “(commonly referred to as the annual “Country Reports on Human Rights Practices”)”; and
added
by adding at the end the following new subparagraphs:
added “(C) Authorities—In addition to the duties, functions, and responsibilities specified in this paragraph, the Assistant Secretary of State for Democracy, Human Rights, and Labor is authorized to—
added “(i) promote democracy and actively support human rights throughout the world;
added “(ii) promote the rule of law and good governance throughout the world;
added “(iii) strengthen, empower, and protect civil society representatives, programs, and organizations, and facilitate their ability to engage in dialogue with governments and other civil society entities;
added “(iv) work with regional bureaus to ensure adequate personnel at diplomatic posts are assigned responsibilities relating to advancing democracy, human rights, labor rights, women’s equal participation in society, and the rule of law, with particular attention paid to adequate oversight and engagement on such issues by senior officials at such posts;
added “(v) review and, as appropriate, make recommendations to the Secretary of State regarding the proposed transfer of—
added “(I) defense articles and defense services authorized under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Arms Export Control Act (22 U.S.C. 2751 et seq.); and
added “(II) military items listed on the “600 series” of the Commerce Control List contained in Supplement No. 1 to part 774 of subtitle B of title 15, Code of Federal Regulations;
added “(vi) coordinate programs and activities that protect and advance the exercise of human rights and internet freedom in cyberspace; and
added “(vii) implement other relevant policies and provisions of law.
added “(D) Efficiency—The Assistant Secretary for Democracy, Human Rights, and Labor shall take whatever actions may be necessary to minimize the duplication of efforts within the Bureau of Democracy, Human Rights, and Labor.
added “(E) Local oversight—United States missions, to the extent practicable, should assist in exercising oversight authority and coordinate with the Bureau of Democracy, Human Rights, and Labor to ensure that funds are appropriately used and comply with anti-corruption practices.”
Sec. 14103 Assistant Secretary for International Narcotics and Law Enforcement Affairs
added
added
In general— Section 1(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended—
added
by redesignating paragraph (3) as paragraph (4); and
added
by inserting after paragraph (2) the following new paragraph:
added “(3) Assistant secretary for international narcotics and law enforcement affairs
added “(A) In general—There is authorized to be in the Department of State an Assistant Secretary for International Narcotics and Law Enforcement Affairs, who shall be responsible to the Secretary of State for all matters, programs, and related activities pertaining to international narcotics, anti-crime, and law enforcement affairs in the conduct of foreign policy by the Department, including, as appropriate, leading the coordination of programs carried out by United States Government agencies abroad, and such other related duties as the Secretary may from time to time designate.
added “(B) Areas of responsibility—The Assistant Secretary for International Narcotics and Law Enforcement Affairs shall maintain continuous observation and coordination of all matters pertaining to international narcotics, anti-crime, and law enforcement affairs in the conduct of foreign policy, including programs carried out by other United States Government agencies when such programs pertain to the following matters:
added “(i) Combating international narcotics production and trafficking.
added “(ii) Strengthening foreign justice systems, including judicial and prosecutorial capacity, appeals systems, law enforcement agencies, prison systems, and the sharing of recovered assets.
added “(iii) Training and equipping foreign police, border control, other government officials, and other civilian law enforcement authorities for anti-crime purposes, including ensuring that no foreign security unit or member of such unit shall receive such assistance from the United States Government absent appropriate vetting.
added “(iv) Ensuring the inclusion of human rights and women’s participation issues in law enforcement programs, in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor, and other senior officials in regional and thematic bureaus and offices.
added “(v) Combating, in conjunction with other relevant bureaus of the Department, all forms of transnational organized crime, including illicit trafficking in human beings, arms, wildlife, and cultural property, migrant smuggling, corruption, money laundering, the illicit smuggling of bulk cash, the licit use of financial systems for malign purposes, and other new and emerging forms of crime.
added “(vi) Identifying and responding to global corruption, including strengthening the capacity of foreign government institutions responsible for addressing financial crimes and engaging with multilateral organizations responsible for monitoring and supporting foreign governments’ anti-corruption efforts.
added “(C) Additional duties—In addition to the responsibilities specified in subparagraph (B), the Assistant Secretary for International Narcotics and Law Enforcement Affairs shall also—
added “(i) carry out timely and substantive consultation with chiefs of mission and, as appropriate, the heads of other United States Government agencies to ensure effective coordination of all international narcotics and law enforcement programs carried out overseas by the Department and such other agencies;
added “(ii) coordinate with the Office of National Drug Control Policy to ensure lessons learned from other United States Government agencies are available to the Bureau of International Narcotics and Law Enforcement Affairs of the Department;
added “(iii) develop standard requirements for monitoring and evaluation of Bureau programs, including metrics for success that do not rely solely on the amounts of illegal drugs that are produced or seized;
added “(iv) in coordination with the Secretary of State, annually certify in writing to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that United States law enforcement personnel posted abroad whose activities are funded to any extent by the Bureau of International Narcotics and Law Enforcement Affairs are complying with section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927); and
added “(v) carry out such other relevant duties as the Secretary may assign.”
added
Modification of annual international narcotics control strategy report— Subsection (a) of section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h) is amended by inserting after paragraph (8) the following new paragraph:
added “(9) A separate section that contains an identification of all United States Government-supported units funded by the Bureau of International Narcotics and Law Enforcement Affairs and any Bureau-funded operations by such units in which United States law enforcement personnel have been physically present.”
Sec. 14104 Bureau of Consular Affairs; Bureau of Population, Refugees, and Migration
addedadded Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended—
added
by redesignating subsection (g) as subsection (i); and
added
by inserting after subsection (f) the following new subsections:
added “(g) Bureau of consular affairs—There is in the Department of State the Bureau of Consular Affairs, which shall be headed by the Assistant Secretary of State for Consular Affairs.
added “(h) Bureau of population, refugees, and migration—There is in the Department of State the Bureau of Population, Refugees, and Migration, which shall be headed by the Assistant Secretary of State for Population, Refugees, and Migration.”
Sec. 14105 Office of International Disability Rights
added
added
Establishment— There should be established in the Department an Office of International Disability Rights (referred to in this section as the “Office”).
added
Duties— The Office should—
added
seek to ensure that all United States foreign operations are accessible to, and inclusive of, persons with disabilities;
added
promote the human rights and full participation in international development activities of all persons with disabilities;
added
promote disability inclusive practices and the training of Department staff on soliciting quality programs that are fully inclusive of people with disabilities;
added
represent the United States in diplomatic and multilateral fora on matters relevant to the rights of persons with disabilities, and work to raise the profile of disability across a broader range of organizations contributing to international development efforts;
added
conduct regular consultation with civil society organizations working to advance international disability rights and empower persons with disabilities internationally;
added
consult with other relevant offices at the Department that are responsible for drafting annual reports documenting progress on human rights, including, wherever applicable, references to instances of discrimination, prejudice, or abuses of persons with disabilities; and
added
advise the Bureau of Human Resources Development of the Department regarding the hiring and recruitment and overseas practices of civil service employees and Foreign Service officers with disabilities and their family members with chronic medical conditions or disabilities.
added
Supervision— The Office may be headed by—
added
a senior advisor to the appropriate Assistant Secretary; or
added
an officer exercising significant authority who reports to the President or Secretary, appointed by and with the advice and consent of the Senate.
added
Consultation— The Secretary should direct Ambassadors at Large, Representatives, Special Envoys, and coordinators working on human rights to consult with the Office to promote the human rights and full participation in international development activities of all persons with disabilities.
Sec. 14106 Office of Global Women’s Issues
added
added
In general— There should be established an Office of Global Women’s Issues (referred to in this section as the “Office”), which may be placed within the organizational structure of the Department at the discretion of the Secretary.
added
Purpose— The Office should coordinate efforts of the United States Government, as directed by the Secretary, regarding gender equality and advancing the status of women and girls in United States foreign policy.
added
Duties— The Office should—
added
serve as the principal advisor to the Secretary regarding gender equality, women’s and girls’ empowerment, and violence against women and girls as a priority of United States foreign policy;
added
represent the United States in diplomatic and multilateral fora on matters relevant to the status of women and girls;
added
advise the Secretary and provide input on all activities, policies, programs, and funding relating to gender equality and the advancement of women and girls internationally for all bureaus and offices of the Department and in the international programs of all other Federal agencies;
added
work to ensure that efforts to advance gender equality and women’s and girls’ empowerment are fully integrated into the programs, structures, processes, and capacities of all bureaus and offices of the Department and in the international programs of other Federal agencies; and
added
conduct regular consultation with civil society organizations working to advance gender equality and empower women and girls internationally.
added
Supervision— The Office should be headed by an Ambassador-at-large for Global Women’s Issues.
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the appropriate congressional committees a report or briefing regarding this section.
Sec. 14107 Special appointments
added
added
Report on positions— Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that includes the following:
added
A description of the duties, responsibilities, and number of staff of each existing Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, and other similar position at the Department.
added
Recommendations regarding whether to maintain in the Department each such position, including those listed in the report submitted by the Secretary to the Committee on Foreign Relations of the Senate on April 14, 2017, pursuant to section 418 of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114–323), that are not expressly authorized by a provision of law enacted by Congress.
added
Justifications supporting each of the Secretary’s recommendations under paragraph (2).
added
Advice and consent— Not later than 90 days after the submission of the report required under subsection (a), the President shall submit the name of each Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other person occupying a similar position at the Department exercising significant authority pursuant to the laws of the United States that is not expressly authorized by a provision of law enacted by Congress who is included in such report to the Committee on Foreign Relations of the Senate to seek the advice and consent of the Senate.
added
Rule of construction regarding establishment of positions— Nothing in this section may be construed as prohibiting the establishment or maintenance of any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other similar position at the Department exercising significant authority pursuant to the laws of the United States if the name of the appointee for each such position is submitted to the Committee on Foreign Relations of the Senate, to seek the advice and consent of the Senate, not later than 90 days after each such appointment.
added
Limited exception for temporary appointments— The Secretary may maintain or establish a position with the title of Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Special Advisor, or a similar position not exercising significant authority pursuant to the laws of the United States for not longer than 180 days if the Secretary, not later than 15 days before the appointment of a person to such a position, submits to the appropriate congressional committees a notification that includes the following:
added
A certification that the position is not expected to demand the exercise of significant authority pursuant to the laws of the United States.
added
A description of the duties and purpose of the position.
added
The rationale for giving the specific title to the position.
added
Renewal of temporary appointment— Nothing in this section may be construed as prohibiting the Secretary from renewing for a period not to exceed 180 days any position maintained or established under subsection (d) if the Secretary complies with the notification requirements contained in such subsection.
added
Funding restrictions—
added
Positions not submitted for advice and consent— No funds may be authorized to be appropriated for—
added
any Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other similar position at the Department exercising significant authority pursuant to the laws of the United States if the name of the person appointed to such position has not been submitted to the Committee on Foreign Relations of the Senate for the advice and consent of the Senate in accordance with subsection (b); or
added
any staff or resources related to such a position until the person appointed to such position has been submitted to the Committee on Foreign Relations of the Senate for the advice and consent of the Senate.
added
Temporary positions— No funds may be authorized to be appropriated for any position described in subsection (d) or for any staff or resources related to such position unless the Secretary has complied with the notification requirements under such subsection.
added
Fiscal year 2021— The restrictions described in this subsection shall not apply in fiscal year 2021 to positions or associated staff and resources for which funding is expressly appropriated for such fiscal year in an Act of Congress.
added
Confirmation for authorized positions—
added
In general— No Special Envoy, Special Representative, Special Coordinator, Special Negotiator, Envoy, Representative, Coordinator, Special Advisor, or other similar position at the Department exercising significant authority pursuant to the laws of the United States that is authorized by an Act of Congress (except the position authorized by section 621 of the Tibetan Policy Act of 2002 (subtitle B of title VI of Public Law 107–228; 22 U.S.C. 6901 note)) may be appointed without the advice and consent of the Senate.
added
Fiscal year 2021— The restriction described in paragraph (1) shall not apply in fiscal year 2021 to positions or associated staff and resources for which funding is expressly appropriated for such fiscal year in an Act of Congress.
added
Elimination of Special Representative and Policy Coordinator for Burma—
added
Findings— Congress finds the following:
added
Congress established the Special Representative and Policy Coordinator for Burma in July 2008 at a time when the United States did not maintain full diplomatic relations with Burma and had not appointed an Ambassador to Burma in 18 years.
added
In 2012, the United States re-established full diplomatic relations with Burma and appointed a United States Ambassador to Burma who, along with the Secretary of State, Assistant Secretary of State for East Asia and the Pacific, and other United States Government officials, represents the United States’ interests in Burma.
added
Repeal— Section 7 of the Tom Lantos Block Burmese Jade (Junta’s Anti-Democratic Efforts) Act of 2008 (Public Law 110–286; 50 U.S.C. 1701 note; relating to the establishment of a Special Representative and Policy Coordinator for Burma) is hereby repealed.
Sec. 14108 Anti-piracy information sharing
addedadded The Secretary is authorized to provide for the participation by the United States in the Information Sharing Centre located in Singapore, as established by the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP).
Sec. 14109 Importance of foreign affairs training to national security
addedadded It is the sense of Congress that—
added
the Department is a crucial national security agency, whose employees, both Foreign and Civil Service, require the best possible training at every stage of their careers to prepare them to promote and defend United States national interests and the health and safety of United States citizens abroad;
added
the Secretary should explore establishing a “training float” requiring that a certain percentage of the Foreign Service shall be in long-term training at any given time;
added
the Department’s Foreign Service Institute should seek to substantially increase its educational and training offerings to Department personnel, including developing new and innovative educational and training courses, methods, programs, and opportunities; and
added
consistent with existing Department gift acceptance authority and other applicable laws, the Department and Foreign Service Institute should seek and accept funds and other resources from foundations, not-for-profit corporations, and other appropriate sources to help the Department and the Institute accomplish the goals specified in paragraph (3).
Sec. 14110 Classification and assignment of Foreign Service officers
addedadded The Foreign Service Act of 1980 is amended—
added
in section 501 (22 U.S.C. 3981), by inserting “If a position designated under this section is unfilled for more than 365 calendar days, such position may be filled, as appropriate, on a temporary basis, in accordance with section 309.” after “Positions designated under this section are excepted from the competitive service.”; and
added
in paragraph (2) of section 502(a) (22 U.S.C. 3982(a)), by inserting “, or domestically, in a position working on issues relating to a particular country or geographic area,” after “geographic area”.
Sec. 14111 Energy diplomacy and security within the Department of State
added
added
In general— Subsection (c) of section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), as amended by section 14103 of this Act, is further amended—
added
by redesignating paragraph (4) (as redesignated pursuant to such section 14103) as paragraph (5); and
added
by inserting after paragraph (3) the following new paragraph:
added “(4) Energy resources
added “(A) Authorization for assistant secretary—Subject to the numerical limitation specified in paragraph (1), there is authorized to be established in the Department of State an Assistant Secretary of State for Energy Resources.
added “(B) Personnel—The Secretary of State shall ensure that there are sufficient personnel dedicated to energy matters within the Department of State whose responsibilities shall include—
added “(i) formulating and implementing international policies aimed at protecting and advancing United States energy security interests by effectively managing United States bilateral and multilateral relations;
added “(ii) ensuring that analyses of the national security implications of global energy and environmental developments are reflected in the decision making process within the Department;
added “(iii) incorporating energy security priorities into the activities of the Department;
added “(iv) coordinating energy activities of the Department with relevant Federal departments and agencies; and
added “(v) working internationally to—
added “(I) support the development of energy resources and the distribution of such resources for the benefit of the United States and United States allies and trading partners for their energy security and economic development needs;
added “(II) promote availability of diversified energy supplies and a well-functioning global market for energy resources, technologies, and expertise for the benefit of the United States and United States allies and trading partners;
added “(III) resolve international disputes regarding the exploration, development, production, or distribution of energy resources;
added “(IV) support the economic and commercial interests of United States persons operating in the energy markets of foreign countries;
added “(V) support and coordinate international efforts to alleviate energy poverty;
added “(VI) leading the United States commitment to the Extractive Industries Transparency Initiative;
added “(VII) coordinating within the Department and with relevant Federal departments and agencies on developing and implementing international energy-related sanctions; and
added “(VIII) coordinating energy security and other relevant functions within the Department currently undertaken by—
added “(aa) the Bureau of Economic and Business Affairs;
added “(bb) the Bureau of Oceans and International Environmental and Scientific Affairs; and
added “(cc) other offices within the Department of State.”
added
Conforming amendment— Section 931 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17371) is amended—
added
by striking subsections (a) and (b); and
added
by redesignating subsections (c) and (d) as subsections (a) and (b), respectively.
Sec. 14112 The National Museum of American Diplomacy
addedadded Title I of the State Department Basic Authorities Act of 1956 is amended by adding after section 63 (22 U.S.C. 2735) the following new section:
added “64. The National Museum of American Diplomacy
added “(a) Activities
added “(1) Support authorized—The Secretary of State is authorized to provide, by contract, grant, or otherwise, for the performance of appropriate museum visitor and educational outreach services and related events, including organizing programs and conference activities, museum shop services and food services in the public exhibition and related space utilized by the National Museum of American Diplomacy.
added “(2) Recovery of costs—The Secretary of State is authorized to recover any revenues generated under the authority of paragraph (1) for visitor and outreach services and related events referred to in such paragraph, including fees for use of facilities at the National Museum for American Diplomacy. Any such revenues may be retained as a recovery of the costs of operating the museum.
added “(b) Disposition of National Museum of American Diplomacy Documents, Artifacts, and Other Articles
added “(1) Property—All historic documents, artifacts, or other articles permanently acquired by the Department of State and determined by the Secretary of State to be suitable for display by the National Museum of American Diplomacy shall be considered to be the property of the United States Government and shall be subject to disposition solely in accordance with this subsection.
added “(2) Sale, trade, or transfer—Whenever the Secretary of State makes the determination described in paragraph (3) with respect to a document, artifact, or other article under paragraph (1), the Secretary may sell at fair market value, trade, or transfer such document, artifact, or other article without regard to the requirements of subtitle I of title 40, United States Code. The proceeds of any such sale may be used solely for the advancement of the mission of the National Museum of American Diplomacy and may not be used for any purpose other than the acquisition and direct care of the collections of the museum.
added “(3) Determinations prior to sale, trade, or transfer—The determination described in this paragraph with respect to a document, artifact, or other article under paragraph (1), is a determination that—
added “(A) such document, artifact, or other article no longer serves to further the purposes of the National Museum of American Diplomacy as set forth in the collections management policy of the museum;
added “(B) the sale, trade, or transfer of such document, artifact, or other article would serve to maintain the standards of the collection of the museum; or
added “(C) sale, trade, or transfer of such document, artifact, or other article would be in the best interests of the United States.
added “(4) Loans—In addition to the authorization under paragraph (2) relating to the sale, trade, or transfer of documents, artifacts, or other articles under paragraph (1), the Secretary of State may loan such documents, artifacts, or other articles, when not needed for use or display by the National Museum of American Diplomacy to the Smithsonian Institution or a similar institution for repair, study, or exhibition.”
Sec. 14113 Extension of period for reimbursement of fishermen for costs incurred from the illegal seizure and detention of U.S.-flag fishing vessels by foreign governments
added
added
In general— Subsection (e) of section 7 of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1977) is amended to read as follows:
added “(e) Amounts—Payments may be made under this section only to such extent and in such amounts as are provided in advance in appropriation Acts.”
added
Retroactive applicability—
added
Effective date— The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and apply as if the date specified in subsection (e) of section 7 of the Fishermen’s Protective Act of 1967, as in effect on the day before the date of the enactment of this Act, were the day after such date of enactment.
added
Agreements and payments— The Secretary shall—
added
enter into agreements pursuant to section 7 of the Fishermen’s Protective Act of 1967 for any claims to which such section would otherwise apply but for the date specified in subsection (e) of such section, as in effect on the day before the date of the enactment of this Act; and
added
make payments in accordance with agreements entered into pursuant to such section if any such payments have not been made as a result of the expiration of the date specified in such section, as in effect on the day before the date of the enactment of this Act.
Sec. 14114 Art in embassies
added
added
In general— No funds are authorized to be appropriated for the purchase of any piece of art for the purposes of installation or display in any embassy, consulate, or other foreign mission of the United States if the purchase price of such piece of art is in excess of $50,000, unless such purchase is subject to prior consultation with, and the regular notification procedures of, the appropriate congressional committees.
added
Report— Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the costs of the Art in Embassies Program for each of fiscal years 2012, 2013, and 2014.
added
Sunset— This section shall terminate on the date that is 2 years after the date of the enactment of this Act.
added
Definition— In this section, the term “art” includes paintings, sculptures, photographs, industrial design, and craft art.
Sec. 14115 Amendment or repeal of reporting requirements
added
added
Burma—
added
In general— Section 570 of Public Law 104–208 is amended—
added
by amending subsection (c) to read as follows:
added “(c) Multilateral strategy—The President shall develop, in coordination with members of ASEAN and other likeminded countries, a comprehensive, multilateral strategy to bring about further democratic consolidation in Burma and improve human rights practices and the quality of life in Burma, including the development of a dialogue leading to genuine national reconciliation.”
added
in subsection (d)—
added
in the matter preceding paragraph (1), by striking “six months” and inserting “year”;
added
by redesignating paragraph (3) as paragraph (7); and
added
by inserting after paragraph (2) the following new paragraphs:
added “(3) improvements in human rights practices;
added “(4) progress toward broad-based and inclusive economic growth;
added “(5) progress toward genuine national reconciliation;
added “(6) progress on improving the quality of life of the Burmese people, including progress relating to market reforms, living standards, labor standards, use of forced labor in the tourism industry, and environmental quality; and”
added
Effective date— The amendments made by paragraph (1) shall take effect on the date of the enactment of this Act and apply with respect to the first report required under subsection (d) of section 570 of Public Law 104–208 that is required after the date of the enactment of this Act.
added
Repeals— The following provisions of law are hereby repealed:
added
Subsection (b) of section 804 of Public Law 101–246.
added
Section 6 of Public Law 104–45.
added
Section 406 of Public Law 101–246 (22 U.S.C. 2414a).
added
Subsection (c) of section 702 of Public Law 96–465 (22 U.S.C. 4022).
Sec. 14116 Reporting on implementation of GAO recommendations
added
added
Initial report— Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that lists all of the Government Accountability Office’s recommendations relating to the Department that have not been fully implemented.
added
Comptroller general report— Not later than 30 days after the Secretary submits the report under subsection (a), the Comptroller General of the United States shall submit to the appropriate congressional committees a report that identifies any discrepancies between the list of recommendations included in such report and the Government Accountability Office’s list of outstanding recommendations for the Department.
added
Implementation report—
added
In general— Not later than 120 days after the date of the submission of the Comptroller General’s report under subsection (b), the Secretary shall submit to the appropriate congressional committees a report that describes the implementation status of each recommendation from the Government Accountability Office included in the report submitted under subsection (a).
added
Justification— The report under paragraph (1) shall include—
added
a detailed justification for each decision not to fully implement a recommendation or to implement a recommendation in a different manner than specified by the Government Accountability Office;
added
a timeline for the full implementation of any recommendation the Secretary has decided to adopt, but has not yet fully implemented; and
added
an explanation for any discrepancies included in the Comptroller General report submitted under subsection (b).
added
Form— The information required in each report under this section shall be submitted in unclassified form, to the maximum extent practicable, but may be included in a classified annex to the extent necessary.
Sec. 14117 Office of Global Criminal Justice
added
added
In general— There should be established within the Department an Office of Global Criminal Justice (referred to in this section as the “Office”), which may be placed within the organizational structure of the Department at the discretion of the Secretary.
added
Duties— The Office should carry out the following:
added
Advise the Secretary and other relevant senior officials on issues related to war crimes, crimes against humanity, and genocide.
added
Assist in formulating United States policy on the prevention of, responses to, and accountability for mass atrocities.
added
Coordinate United States Government positions relating to the international and hybrid courts currently prosecuting persons responsible for genocide, war crimes, and crimes against humanity anywhere in the world.
added
Work with other governments, international organizations, and nongovernmental organizations, as appropriate, to establish and assist international and domestic commissions of inquiry, fact-finding missions, and tribunals to investigate, document, and prosecute atrocities in every region of the globe.
added
Coordinate the deployment of diplomatic, legal, economic, military, and other tools to help expose the truth, judge those responsible, protect and assist victims, enable reconciliation, deter atrocities, and build the rule of law.
added
Provide advice and expertise on transitional justice to United States personnel operating in conflict and post-conflict environments.
added
Act as a point of contact for international, hybrid, and mixed tribunals exercising jurisdiction over war crimes, crimes against humanity, and genocide committed around the world.
added
Represent the Department on any interagency whole-of-government coordinating entities addressing genocide and other mass atrocities.
added
Perform any additional duties and exercise such powers as the Secretary of State may prescribe.
added
Supervision— The Office should be led by an Ambassador-at-Large for Global Criminal Justice.
Sec. 14201 Embassy security, construction, and maintenance
addedadded For “Embassy Security, Construction, and Maintenance”, there is authorized to be appropriated $1,975,449,000 for fiscal year 2021.
Sec. 14202 Standard design in capital construction
added
added
Sense of congress— It is the sense of Congress that the Department’s Bureau of Overseas Building Operations (OBO) or successor office should give appropriate consideration to standardization in construction, in which each new United States embassy and consulate starts with a standard design and keeps customization to a minimum.
added
Consultation— The Secretary shall carry out any new United States embassy compound or new consulate compound project that utilizes a non-standard design, including those projects that are in the design or pre-design phase as of the date of the enactment of this Act, only in consultation with the appropriate congressional committees. The Secretary shall provide the appropriate congressional committees, for each such project, the following documentation:
added
A comparison of the estimated full lifecycle costs of the project to the estimated full lifecycle costs of such project if it were to use a standard design.
added
A comparison of the estimated completion date of such project to the estimated completion date of such project if it were to use a standard design.
added
A comparison of the security of the completed project to the security of such completed project if it were to use a standard design.
added
A justification for the Secretary’s selection of a non-standard design over a standard design for such project.
added
A written explanation if any of the documentation necessary to support the comparisons and justification, as the case may be, described in paragraphs (1) through (4) cannot be provided.
added
Sunset— The consultation requirement under subsection (b) shall expire on the date that is 4 years after the date of the enactment of this Act.
Sec. 14203 Capital construction transparency
added
added
In general— Section 118 of the Department of State Authorities Act, Fiscal Year 2017 (22 U.S.C. 304) is amended—
added
in the section heading , by striking “Annual report on embassy construction costs” and inserting “Biannual report on overseas capital construction projects”; and
added
by striking subsections (a) and (b) and inserting the following new subsections:
added “(a) In general—Not later than 180 days after the date of the enactment of this subsection and every 180 days thereafter until the date that is 4 years after such date of enactment, the Secretary shall submit to the appropriate congressional committees a comprehensive report regarding all ongoing overseas capital construction projects and major embassy security upgrade projects.
added “(b) Contents—Each report required under subsection (a) shall include the following with respect to each ongoing overseas capital construction project and major embassy security upgrade project:
added “(1) The initial cost estimate as specified in the proposed allocation of capital construction and maintenance funds required by the Committees on Appropriations for Acts making appropriations for the Department of State, foreign operations, and related programs.
added “(2) The current cost estimate.
added “(3) The value of each request for equitable adjustment received by the Department to date.
added “(4) The value of each certified claim received by the Department to date.
added “(5) The value of any usage of the project’s contingency fund to date and the value of the remainder of the project’s contingency fund.
added “(6) An enumerated list of each request for adjustment and certified claim that remains outstanding or unresolved.
added “(7) An enumerated list of each request for equitable adjustment and certified claim that has been fully adjudicated or that the Department has settled, and the final dollar amount of each adjudication or settlement.
added “(8) The date of estimated completion specified in the proposed allocation of capital construction and maintenance funds required by the Committees on Appropriations not later than 45 days after the date of the enactment of an Act making appropriations for the Department of State, foreign operations, and related programs.
added “(9) The current date of estimated completion.”
added
Initial report— The first report required under subsection (a) of section 118 of the Department of State Authorities Act, Fiscal Year 2017 (as amended by this section) shall include an annex regarding all overseas capital construction projects and major embassy security upgrade projects completed during the 10-year period ending on December 31, 2018, including, for each such project, the elements specified in subsection (b) of such section 118.
Sec. 14204 Contractor performance information
added
added
Deadline for completion— The Secretary shall complete all contractor performance evaluations required by subpart 42.15 of the Federal Acquisition Regulation for those contractors engaged in construction of new embassy or new consulate compounds by October 1, 2021.
added
Prioritization system—
added
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary shall develop a prioritization system for clearing the current backlog of required evaluations referred to in subsection (a).
added
Elements— The system required under paragraph (1) should prioritize the evaluations as follows:
added
Project completion evaluations should be prioritized over annual evaluations.
added
Evaluations for relatively large contracts should have priority.
added
Evaluations that would be particularly informative for the awarding of government contracts should have priority.
added
Briefing— Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees on the Department’s plan for completing all evaluations by October 1, 2021, in accordance with subsection (a) and the prioritization system developed pursuant to subsection (b).
added
Sense of congress— It is the sense of Congress that—
added
contractors deciding whether to bid on Department contracts would benefit from greater understanding of the Department as a client; and
added
the Department should develop a forum where contractors can comment on the Department’s project management performance.
Sec. 14205 Growth projections for new embassies and consulates
added
added
In general— For each new United States embassy compound (NEC) and new consulate compound project (NCC) in or not yet in the design phase as of the date of the enactment of this Act, the Department shall project growth over the estimated life of the facility using all available and relevant data, including the following:
added
Relevant historical trends for Department personnel and personnel from other agencies represented at the NEC or NCC that is to be constructed.
added
An analysis of the tradeoffs between risk and the needs of United States Government policy conducted as part of the most recent Vital Presence Validation Process, if applicable.
added
Reasonable assumptions about the strategic importance of the NEC or NCC, as the case may be, over the life of the building at issue.
added
Any other data that would be helpful in projecting the future growth of NEC or NCC.
added
Other federal agencies— The head of each Federal agency represented at a United States embassy or consulate shall provide to the Secretary, upon request, growth projections for the personnel of each such agency over the estimated life of each embassy or consulate, as the case may be.
added
Basis for estimates— The Department shall base its growth assumption for all NECs and NCCs on the estimates required under subsections (a) and (b).
added
Congressional notification— Any congressional notification of site selection for a NEC or NCC submitted after the date of the enactment of this Act shall include the growth assumption used pursuant to subsection (c).
Sec. 14206 Long-range planning process
added
added
Plans required—
added
In general— Not later than 180 days after the date of the enactment of this Act and annually thereafter for 5 years, the Secretary shall develop—
added
a comprehensive 6-year plan documenting the Department’s overseas building program for the replacement of overseas diplomatic posts taking into account security factors under the Secure Embassy Construction and Counterterrorism Act of 1999 and other relevant statutes and regulations, as well as occupational safety and health factors pursuant to the Occupational Safety and Health Act of 1970 and other relevant statutes and regulations, including environmental factors such as indoor air quality that impact employee health and safety; and
added
a comprehensive 6-year plan detailing the Department’s long-term planning for the maintenance and sustainment of completed diplomatic posts, which takes into account security factors under the Secure Embassy Construction and Counterterrorism Act of 1999 and other relevant statutes and regulations, as well as occupational safety and health factors pursuant to the Occupational Safety and Health Act of 1970 and other relevant statutes and regulations, including environmental factors such as indoor air quality that impact employee health and safety.
added
Initial report— The first plan developed pursuant to paragraph (1)(A) shall also include a one-time status report on existing small diplomatic posts and a strategy for establishing a physical diplomatic presence in countries in which there is no current physical diplomatic presence. Such report, which may include a classified annex, shall include the following:
added
A description of the extent to which each small diplomatic post furthers the national interest of the United States.
added
A description of how each small diplomatic post provides American Citizen Services, including data on specific services provided and the number of Americans receiving services over the previous year.
added
A description of whether each small diplomatic post meets current security requirements.
added
A description of the full financial cost of maintaining each small diplomatic post.
added
Input from the relevant chiefs of mission on any unique operational or policy value the small diplomatic post provides.
added
Updated information— The annual updates of each of the plans developed pursuant to paragraph (1) shall highlight any changes from the previous year’s plan to the ordering of construction and maintenance projects.
added
Reporting requirements—
added
Submission of plans to congress— Not later than 60 days after the completion of each plan required under subsection (a), the Secretary shall submit the plans to the appropriate congressional committees.
added
Reference in budget justification materials— In the budget justification materials submitted to the appropriate congressional committees in support of the Department’s budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), the plans required under subsection (a) shall be referenced to justify funding requested for building and maintenance projects overseas.
added
Form of report— Each report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex.
added
Small diplomatic post defined— In this section, the term “small diplomatic post” means any United States embassy or consulate that has employed five or fewer United States Government employees on average over the 36 months prior to the date of the enactment of this Act.
Sec. 14207 Value engineering and risk assessment
added
added
Findings— Congress makes the following findings:
added
Federal departments and agencies are required to use value engineering (VE) as a management tool, where appropriate, to reduce program and acquisition costs pursuant to OMB Circular A–131, Value Engineering, dated December 31, 2013.
added
OBO has a Policy Directive and Standard Operation Procedure, dated May 24, 2017, on conducting risk management studies on all international construction projects.
added
Notification requirements—
added
Submission to authorizing committees— The proposed allocation of capital construction and maintenance funds that is required by the Committees on Appropriations of the Senate and the House of Representatives not later than 45 days after the date of the enactment of an Act making appropriations for the Department of State, foreign operations, and related programs shall also be submitted to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
added
Requirement to confirm completion of value engineering and risk assessment studies— The notifications required under paragraph (1) shall include confirmation that the Department has completed the requisite VE and risk management studies described in subsection (a).
added
Reporting and briefing requirements— The Secretary shall provide to the appropriate congressional committees upon request—
added
a description of each risk management study referred to in subsection (a)(2) and a table detailing which recommendations related to each such study were accepted and which were rejected; and
added
a report or briefing detailing the rationale for not implementing any such recommendations that may otherwise yield significant cost savings to the Department if implemented.
Sec. 14208 Business volume
addedadded Section 402(c)(2)(E) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is amended by striking “in 3 years” and inserting “cumulatively over 3 years”.
Sec. 14209 Embassy security requests and deficiencies
addedadded The Secretary shall provide to the appropriate congressional committees upon request information on security deficiencies at United States diplomatic posts, including relating to the following:
added
Requests made over the previous year by United States diplomatic posts for security upgrades.
added
Significant security deficiencies at United States diplomatic posts that are not operating out of a new embassy compound or new consulate compound.
Sec. 14210 Overseas security briefings
addedadded Not later than 1 year after the date of the enactment of this Act, the Secretary shall revise the Foreign Affairs Manual to stipulate that information on the current threat environment shall be provided to all United States Government employees under chief of mission authority traveling to a foreign country on official business. To the extent practicable, such material shall be provided to such employees prior to their arrival at a United States diplomatic post or as soon as possible thereafter.
Sec. 14211 Contracting methods in capital construction
added
added
Delivery— Unless the Secretary notifies the appropriate congressional committees that the use of the design-build project delivery method would not be appropriate, the Secretary shall make use of such method at United States diplomatic posts that have not yet received design or capital construction contracts as of the date of the enactment of this Act.
added
Notification— Before executing a contract for a delivery method other than design-build in accordance with subsection (a), the Secretary shall notify the appropriate congressional committees in writing of the decision, including the reasons therefor. The notification required by this subsection may be included in any other report regarding a new United States diplomatic post that is required to be submitted to the appropriate congressional committees.
added
Performance evaluation— Not later than 180 days after the date of the enactment of this Act, the Secretary shall report to the appropriate congressional committees regarding performance evaluation measures in accordance with GAO’s “Standards for Internal Control in the Federal Government” that will be applicable to design and construction, lifecycle cost, and building maintenance programs of the Bureau of Overseas Building Operations of the Department.
Sec. 14212 Competition in embassy construction
addedadded Not later than 45 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committee a report detailing steps the Department is taking to expand the embassy construction contractor base in order to increase competition and maximize value.
Sec. 14213 Statement of policy
addedadded It is the policy of the United States that the Bureau of Overseas Building Operations of the Department or its successor office shall continue to balance functionality and security with accessibility, as defined by guidelines established by the United States Access Board in constructing embassies and consulates, and shall ensure compliance with the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.) to the fullest extent possible.
Sec. 14214 Definitions
addedadded In this title:
added
Design-build— The term “design-build” means a method of project delivery in which one entity works under a single contract with the Department to provide design and construction services.
added
Non-standard design— The term “non-standard design” means a design for a new embassy compound project or new consulate compound project that does not utilize a standardized design for the structural, spatial, or security requirements of such embassy compound or consulate compound, as the case may be.
Sec. 14301 Defense Base Act insurance waivers
added
added
Application for waivers— Not later than 30 days after the date of the enactment of this Act, the Secretary shall apply to the Department of Labor for a waiver from insurance requirements under the Defense Base Act (42 U.S.C. 1651 et seq.) for all countries with respect to which the requirement was waived prior to January 2017, and for which there is not currently a waiver.
added
Certification requirement— Not later than 45 days after the date of the enactment of this Act, the Secretary shall certify to the appropriate congressional committees that the requirement in subsection (a) has been met.
Sec. 14302 Study on Foreign Service allowances
added
added
Report required—
added
In general— Not later than 270 days after date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report detailing an empirical analysis on the effect of overseas allowances on the foreign assignment of Foreign Service officers (FSOs), to be conducted by a federally-funded research and development center with appropriate expertise in labor economics and military compensation.
added
Contents— The analysis required under paragraph (1) shall—
added
identify all allowances paid to FSOs assigned permanently or on temporary duty to foreign areas;
added
examine the efficiency of the Foreign Service bidding system in determining foreign assignments;
added
examine the factors that incentivize FSOs to bid on particular assignments, including danger levels and hardship conditions;
added
examine the Department’s strategy and process for incentivizing FSOs to bid on assignments that are historically in lower demand, including with monetary compensation, and whether monetary compensation is necessary for assignments in higher demand;
added
make any relevant comparisons to military compensation and allowances, noting which allowances are shared or based on the same regulations;
added
recommend options for restructuring allowances to improve the efficiency of the assignments system and better align FSO incentives with the needs of the Foreign Service, including any cost savings associated with such restructuring;
added
recommend any statutory changes necessary to implement subparagraph (F), such as consolidating existing legal authorities for the provision of hardship and danger pay; and
added
detail any effects of recommendations made pursuant to subparagraphs (F) and (G) on other United States Government departments and agencies with civilian employees permanently assigned or on temporary duty in foreign areas, following consultation with such departments and agencies.
added
Briefing requirement— Before initiating the analysis required under subsection (a)(1), and not later than 60 days after the date of the enactment of this Act, the Secretary shall provide to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs in the House of Representatives a briefing on the implementation of this section that includes the following:
added
The name of the federally funded research and development center that will conduct such analysis.
added
The scope of such analysis and terms of reference for such analysis as specified between the Department and such federally funded research and development center.
added
Availability of information—
added
In general— The Secretary shall make available to the federally-funded research and development center carrying out the analysis required under subsection (a)(1) all necessary and relevant information to allow such center to conduct such analysis in a quantitative and analytical manner, including historical data on the number of bids for each foreign assignment and any survey data collected by the Department from eligible bidders on their bid decision-making.
added
Cooperation— The Secretary shall work with the heads of other relevant United States Government departments and agencies to ensure such departments and agencies provide all necessary and relevant information to the federally-funded research and development center carrying out the analysis required under subsection (a)(1).
added
Interim report to Congress— The Secretary shall require that the chief executive officer of the federally-funded research and development center that carries out the analysis required under subsection (a)(1) submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives an interim report on such analysis not later than 120 days after the date of the enactment of this Act.
Sec. 14303 Science and technology fellowships
addedadded Section 504 of the Foreign Relations Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656d) is amended by adding at the end the following new subsection:
added “(e) Grants and cooperative agreements related to science and technology fellowship programs
added “(1) In general—The Secretary is authorized to make grants or enter into cooperative agreements related to Department of State science and technology fellowship programs, including for assistance in recruiting fellows and the payment of stipends, travel, and other appropriate expenses to fellows.
added “(2) Exclusion from consideration as compensation—Stipends under paragraph (1) shall not be considered compensation for purposes of section 209 of title 18, United States Code.
added “(3) Maximum annual amount—The total amount of grants made pursuant to this subsection may not exceed $500,000 in any fiscal year.”
Sec. 14304 Travel for separated families
addedadded Section 901(15) of the Foreign Service Act of 1980 (22 U.S.C. 4081(15)) is amended—
added
in the matter preceding subparagraph (A), by striking “1 round-trip per year for each child below age 21 of a member of the Service assigned abroad” and inserting “in the case of one or more children below age 21 of a member of the Service assigned abroad, 1 round-trip per year”;
added
in subparagraph (A)—
added
by inserting “for each child” before “to visit the member abroad”; and
added
by striking “; or” and inserting a comma;
added
in subparagraph (B)—
added
by inserting “for each child” before “to visit the other parent”; and
added
by inserting “or” after “resides,”;
added
by inserting after subparagraph (B) the following new subparagraph:
added “(C) for one of the child’s parents to visit the child or children abroad if the child or children do not regularly reside with that parent and that parent is not receiving an education allowance or educational travel allowance for the child or children under section 5924(4) of title 5, United States Code,”
added
in the matter following subparagraph (C), as added by paragraph (4) of this section, by striking “a payment” and inserting “the cost of round-trip travel”.
Sec. 14305 Home leave travel for separated families
addedadded Section 903(b) of the Foreign Service Act of 1980 (22 U.S.C. 4083(b)) is amended by adding at the end the following new sentence: “In cases in which the family members of a member of the Service reside apart from the member at authorized locations outside the United States because they are prevented by official order from residing with the member at post, the member may take the leave ordered under this section where that member’s family members reside, notwithstanding section 6305 of title 5, United States Code.”.
Sec. 14306 Sense of Congress regarding certain fellowship programs
addedadded It is the sense of Congress that Department fellowships that promote the employment of candidates belonging to under-represented groups, including the Charles B. Rangel International Affairs Graduate Fellowship Program, the Thomas R. Pickering Foreign Affairs Fellowship Program, and the Donald M. Payne International Development Fellowship Program, represent smart investments vital for building a strong, capable, and representative national security workforce.
Sec. 14307 Technical correction
addedadded Subparagraph (A) of section 601(c)(6) of the Foreign Service Act of 1980 (22 U.S.C. 4001(c)(6)) is amended, in the matter preceding clause (i), by—
added
striking “promotion” and inserting “promotion, on or after January 1, 2017,”; and
added
striking “individual joining the Service on or after January 1, 2017,” and inserting “Foreign Service officer, appointed under section 302(a)(1), who has general responsibility for carrying out the functions of the Service”.
Sec. 14308 Foreign Service awards
added
added
In general— Section 614 of the Foreign Service Act of 1980 (22 U.S.C. 4013) is amended—
added
by amending the section heading to read as follows: “Department Awards”; and
added
in the first sentence, by inserting “or Civil Service” after “the Service”.
added
Conforming amendment— The item relating to section 614 in the table of contents of the Foreign Service Act of 1980 is amended to read as follows:
Sec. 14309 Diplomatic programs
added
added
Sense of Congress on workforce recruitment— It is the sense of Congress that the Secretary should continue to hold entry-level classes for Foreign Service officers and specialists and continue to recruit civil servants through programs such as the Presidential Management Fellows Program and Pathways Internship Programs in a manner and at a frequency consistent with prior years and consistent with the need to maintain a pool of experienced personnel effectively distributed across skill codes and ranks. It is further the sense of Congress that absent continuous recruitment and training of Foreign Service officers and civil servants, the Department will lack experienced, qualified personnel in the short, medium, and long terms.
added
Limitation— The Secretary may not implement any reduction-in-force action under section 3502 or 3595 of title 5, United States Code, or for any incentive payments for early separation or retirement under any other provision of law unless—
added
the appropriate congressional committees are notified not less than 15 days in advance of such obligation or expenditure; and
added
the Secretary has provided to the appropriate congressional committees a detailed report that describes the Department’s strategic staffing goals, including—
added
a justification that describes how any proposed workforce reduction enhances the effectiveness of the Department;
added
a certification that such workforce reduction is in the national interest of the United States;
added
a comprehensive strategic staffing plan for the Department, including 5-year workforce forecasting and a description of the anticipated impact of any proposed workforce reduction; and
added
a dataset displaying comprehensive workforce data for all current and planned employees of the Department, disaggregated by—
added
Foreign Service officer and Foreign Service specialist rank;
added
civil service job skill code, grade level, and bureau of assignment;
added
contracted employees, including the equivalent job skill code and bureau of assignment; and
added
employees hired under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, including their equivalent grade and job skill code and bureau of assignment.
Sec. 14310 Sense of Congress regarding veterans employment at the Department of State
addedadded It is the sense of Congress that—
added
the Department should continue to promote the employment of veterans, in accordance with section 301 of the Foreign Service Act of 1980 (22 U.S.C. 3941), as amended by section 14407 of this Act, including those veterans belonging to traditionally underrepresented groups at the Department;
added
veterans employed by the Department have made significant contributions to United States foreign policy in a variety of regional and global affairs bureaus and diplomatic posts overseas; and
added
the Department should continue to encourage veteran employment and facilitate their participation in the workforce.
Sec. 14311 Employee assignment restrictions and preclusions
added
added
Sense of Congress— It is the sense of Congress that the Department should expand the appeal process it makes available to employees related to assignment preclusions and restrictions.
added
Appeal of assignment restriction or preclusion— Section 502(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 3982(a)(2)), as amended by section 14110 of this Act, is further amended by adding at the end the following new sentences: “Any employee subjected to an assignment restriction or preclusion shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance. Any such appeal shall be resolved not later than 60 days after such appeal is filed.”.
added
Notice and certification— Not later than 90 days after the date of the enactment of this Act, the Secretary shall revise, and certify to the appropriate congressional committees regarding such revision, the Foreign Affairs Manual guidance regarding denial or revocation of a security clearance to expressly state that all review and appeal rights relating thereto shall also apply to any recommendation or decision to impose an assignment restriction or preclusion to an employee.
Sec. 14312 Recall and reemployment of career members
added
added
Sense of Congress— It is the sense of Congress that—
added
career Department employees provide invaluable service to the United States as nonpartisan professionals who contribute subject matter expertise and professional skills to the successful development and execution of United States foreign policy; and
added
reemployment of skilled former members of the Foreign and civil service who have voluntarily separated from the Foreign or civil service due to family reasons or to obtain professional skills outside government is of benefit to the Department.
added
Reemployment— Subsection (b) of section 308 of the Foreign Service Act of 1980 (22 U.S.C. 3948) is amended by adding at the end the following new sentence: “Former career tenured members of the Service seeking reappointment, if separated for other than cause for up to 4 years prior to the date of the enactment of this sentence, shall be eligible to participate in the regular assignment bidding process without restriction and shall not be required to accept a directed first assignment upon reappointment.”.
added
Notice of employment opportunities—
added
In general— Title 5, United States Code, is amended by inserting after chapter 102 the following new chapter:
added “103 Notice of Employment Opportunities for Department of State and USAID Positions
added “10301. Notice of employment opportunities for department of state and usaid positions
added “To ensure that individuals who have separated from the Department of State or the United States Agency for International Development and who are eligible for reappointment are aware of such opportunities, the Department of State and the United States Agency for International Development shall publicize notice of all employment opportunities, including positions for which the relevant agency is accepting applications from individuals within the agency’s workforce under merit promotion procedures, on publicly accessible sites, including www.usajobs.gov. If using merit promotion procedures, the notice shall expressly state that former employees eligible for reinstatement may apply.”
added
Clerical amendment— The table of sections for subpart I of title 5, United States Code, is amended by adding at the end the following:
Sec. 14313 Strategic staffing plan for the department
added
added
In general— Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a comprehensive 5-year strategic staffing plan for the Department that is aligned with and furthers the objectives of the National Security Strategy of the United States of America issued in December 2017, or any subsequent strategy issued not later than 18 months after the date of the enactment of this Act, which shall include the following:
added
A dataset displaying comprehensive workforce data, including all shortages in bureaus described in GAO report GAO–19–220, for all current and planned employees of the Department, disaggregated by—
added
Foreign Service officer and Foreign Service specialist rank;
added
civil service job skill code, grade level, and bureau of assignment;
added
contracted employees, including the equivalent job skill code and bureau of assignment; and
added
employees hired under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, including the equivalent grade and job skill code and bureau of assignment of such employee.
added
Recommendations on the number of Foreign Service officers disaggregated by service cone that should be posted at each United States diplomatic post and in the District of Columbia, with a detailed basis for such recommendations.
added
Recommendations on the number of civil service officers that should be employed by the Department, with a detailed basis for such recommendations.
added
Maintenance— The dataset required under subsection (a)(1) shall be maintained and updated on a regular basis.
added
Consultation— The Secretary shall lead the development of the plan required under subsection (a) but may consult or partner with private sector entities with expertise in labor economics, management, or human resources, as well as organizations familiar with the demands and needs of the Department’s workforce.
added
Report— Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report regarding root causes of Foreign Service and civil service shortages, the effect of such shortages on national security objectives, and the Department’s plan to implement recommendations described in GAO–19–220.
Sec. 14314 Consulting services
added
added
In general— Chapter 103 of title 5, United States Code, as added by section 14312 of this Act, is amended by adding at the end the following:
added “10302. Consulting services for the Department of State
added “Any consulting service obtained by the Department of State through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts with respect to which expenditures are a matter of public record and available for public inspection, except if otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.”
added
Clerical amendment— The table of sections for subpart I of title 5, United States Code, is amended by adding after the item relating to section 10302 the following new item:
Sec. 14315 Incentives for critical posts
addedadded Section 1115(d) of the Supplemental Appropriations Act, 2009 (Public Law 111–32) is amended by striking the last sentence.
Sec. 14316 Extension of authority for certain accountability review boards
addedadded Section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended—
added
in the heading, by striking “Afghanistan and” and inserting “Afghanistan, Yemen, Syria, and”; and
added
in subparagraph (A)—
added
in clause (i), by striking “Afghanistan or” and inserting “Afghanistan, Yemen, Syria, or”; and
added
in clause (ii), by striking “beginning on October 1, 2005, and ending on September 30, 2009” and inserting “beginning on October 1, 2020, and ending on September 30, 2022”.
Sec. 14317 Foreign Service suspension without pay
addedadded Subsection (c) of section 610 of the Foreign Service Act of 1980 (22 U.S.C. 4010) is amended—
added
in paragraph (1), in the matter preceding subparagraph (A), by striking “suspend” and inserting “indefinitely suspend without duties”;
added
by redesignating paragraph (5) as paragraph (7);
added
by inserting after paragraph (4) the following new paragraphs:
added “(5) Any member of the Service suspended from duties under this subsection may be suspended without pay only after a final written decision is provided to such member under paragraph (2).
added “(6) If no final written decision under paragraph (2) has been provided within 1 calendar year of the date the suspension at issue was proposed, not later than 30 days thereafter the Secretary of State shall report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate in writing regarding the specific reasons for such delay.”
added
in paragraph (7), as so redesignated—
added
by striking “(7) In this subsection:”;
added
in subparagraph (A), by striking “(A) The term” and inserting the following:
added “(7) In this subsection, the term”
added
by striking subparagraph (B) (relating to the definition of “suspend” and “suspension”); and
added
by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and moving such subparagraphs 2 ems to the left.
Sec. 14318 Foreign Affairs Manual and Foreign Affairs Handbook changes
added
added
In general— Not later than 180 days after the date of the enactment of this Act and every 180 days thereafter for 5 years, the Secretary shall submit to the appropriate congressional committees a report detailing all changes made to the Foreign Affairs Manual or the Foreign Affairs Handbook.
added
Covered periods— The first report required under subsection (a) shall cover the 5-year period preceding the submission of such report. Each subsequent report shall cover the 180-day period preceding submission.
added
Contents— Each report required under subsection (a) shall contain the following:
added
The location within the Foreign Affairs Manual or the Foreign Affairs Handbook where a change has been made.
added
The statutory basis for each such change.
added
A side-by-side comparison of the Foreign Affairs Manual or Foreign Affairs Handbook before and after such change.
added
A summary of such changes displayed in spreadsheet form.
Sec. 14319 Waiver authority for individual occupational requirements of certain positions
addedadded The Secretary of State may waive any or all of the individual occupational requirements with respect to an employee or prospective employee of the Department of State for a civilian position categorized under the GS–0130 occupational series if the Secretary determines that the individual possesses significant scientific, technological, engineering, or mathematical expertise that is integral to performing the duties of the applicable position, based on demonstrated job performance and qualifying experience. With respect to each waiver granted under this subsection, the Secretary shall set forth in a written document that is transmitted to the Director of the Office of Personnel Management the rationale for the decision of the Secretary to waive such requirements.
Sec. 14320 Appointment of employees to the Global Engagement Center
addedadded The Secretary may appoint, for a 3-year period that may be extended for up to an additional 2 years, solely to carry out the functions of the Global Engagement Center, employees of the Department without regard to the provisions of title 5, United States Code, governing appointment in the competitive service, and may fix the basic compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title.
Sec. 14321 Rest and recuperation and overseas operations leave for Federal employees
added
added
In general— Subchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following new sections:
added “6329d. Rest and recuperation leave
added “(a) Definitions—In this section—
added “(1) the term “agency” means an Executive agency (as that term is defined in section 105), but does not include the Government Accountability Office;
added “(2) the term “combat zone” means a geographic area designated by an Executive order of the President as an area in which the Armed Forces are engaging or have engaged in combat, an area designated by law to be treated as a combat zone, or a location the Department of Defense has certified for combat zone tax benefits due to its direct support of military operations;
added “(3) the term “employee” has the meaning given that term in section 6301;
added “(4) the term “high risk, high threat post” has the meaning given that term in section 104 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4803); and
added “(5) the term “leave year” means the period beginning on the first day of the first complete pay period in a calendar year and ending on the day immediately before the first day of the first complete pay period in the following calendar year.
added “(b) Leave for rest and recuperation—The head of an agency may prescribe regulations to grant up to 20 days of paid leave, per leave year, for the purposes of rest and recuperation to an employee of the agency serving in a combat zone, any other high risk, high threat post, or any other location presenting significant security or operational challenges.
added “(c) Discretionary authority of agency head—Use of the authority under subsection (b) is at the sole and exclusive discretion of the head of the agency concerned.
added “(d) Records—An agency shall record leave provided under this section separately from leave authorized under any other provision of law.
added “6329e. Overseas operations leave
added “(a) Definitions—In this section—
added “(1) the term “agency” means an Executive agency (as that term is defined in section 105), but does not include the Government Accountability Office;
added “(2) the term “employee” has the meaning given that term in section 6301; and
added “(3) the term “leave year” means the period beginning with the first day of the first complete pay period in a calendar year and ending with the day immediately before the first day of the first complete pay period in the following calendar year.
added “(b) Leave for overseas operations—The head of an agency may prescribe regulations to grant up to 10 days of paid leave, per leave year, to an employee of the agency serving abroad where the conduct of business could pose potential security or safety related risks or would be inconsistent with host-country practice. Such regulations may provide that additional leave days may be granted during such leave year if the head of the agency determines that to do so is necessary to advance the national security or foreign policy interests of the United States.
added “(c) Discretionary authority of agency head—Use of the authority under subsection (b) is at the sole and exclusive discretion of the head of the agency concerned.
added “(d) Records—An agency shall record leave provided under this section separately from leave authorized under any other provision of law.”
added
Clerical amendments— The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 6329c the following new items:
Sec. 14401 Definitions
addedadded In this title:
added
Applicant flow data— The term applicant flow data means data that tracks the rate of applications for job positions among demographic categories.
added
Demographic data— The term demographic data means facts or statistics relating to the demographic categories specified in the Office of Management and Budget statistical policy directive entitled “Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity” (81 Fed. Reg. 67398).
added
Diversity— The term diversity means those classes of persons protected under the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
added
Workforce— The term workforce means—
added
individuals serving in a position in the civil service (as defined in section 2101 of title 5, United States Code);
added
individuals who are members of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3902));
added
all individuals serving under a personal services agreement or personal services contract;
added
all individuals serving under a Foreign Service Limited appointment under section 309 of the Foreign Service Act of 1980; or
added
individuals working in the Department of State under any other authority.
Sec. 14402 Collection, analysis, and dissemination of workforce data
added
added
Initial report— Not later than 180 days after the date of the enactment of this Act, the Secretary shall, in consultation with the Director of the Office of Personnel Management and the Director of the Office of Management and Budget, submit to the appropriate congressional committees a report, which shall also be posted on a publicly available website of the Department in a searchable database format, that includes disaggregated demographic data and other information regarding the diversity of the workforce of the Department.
added
Data— The report under subsection (a) shall include the following data:
added
Demographic data on each element of the workforce of the Department, disaggregated by rank and grade or grade-equivalent, with respect to the following groups:
added
Applicants for positions in the Department.
added
Individuals hired to join the workforce.
added
Individuals promoted during the 2-year period ending on the date of the enactment of this Act, including promotions to and within the Senior Executive Service or the Senior Foreign Service.
added
Individuals serving on applicable selection boards.
added
Members of any external advisory committee or board who are subject to appointment by individuals at senior positions in the Department.
added
Individuals participating in professional development programs of the Department, and the extent to which such participants have been placed into senior positions within the Department after such participation.
added
Individuals participating in mentorship or retention programs.
added
Individuals who separated from the agency during the 2-year period ending on the date of the enactment of this Act, including individuals in the Senior Executive Service or the Senior Foreign Service.
added
An assessment of agency compliance with the essential elements identified in Equal Employment Opportunity Commission Management Directive 715, effective October 1, 2003.
added
Data on the overall number of individuals who are part of the workforce, the percentages of such workforce corresponding to each element listed in section 14401(4), and the percentages corresponding to each rank, grade, or grade-equivalent.
added
Recommendation— The Secretary may include in the report under subsection (a) a recommendation to the Director of Office of Management and Budget and to the appropriate congressional committees regarding whether the Department should collect more detailed data on demographic categories in addition to the race and ethnicity categories specified in the Office of Management and Budget statistical policy directive entitled “Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity” (81 Fed. Reg. 67398).
added
Other contents— The report under subsection (a) shall also describe and assess the effectiveness of the efforts of the Department—
added
to propagate fairness, impartiality, and inclusion in the work environment, both domestically and abroad;
added
to enforce anti-harassment and anti-discrimination policies, both domestically and at posts overseas;
added
to refrain from engaging in unlawful discrimination in any phase of the employment process, including recruitment, hiring, evaluation, assignments, promotion, retention, and training;
added
to prevent illegal retaliation against employees for participating in a protected equal employment opportunity activity or for reporting sexual harassment or sexual assault;
added
to provide reasonable accommodation for qualified employees and applicants with disabilities; and
added
to recruit a representative workforce by—
added
recruiting women and minorities;
added
recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students;
added
placing job advertisements in newspapers, magazines, and job sites oriented toward women and minorities;
added
sponsoring and recruiting at job fairs in urban and rural communities and land-grant colleges or universities;
added
providing opportunities through the Foreign Service Internship Program under chapter 12 of the Foreign Service Act of 1980 (22 U.S.C. 4141 et seq.) and other hiring initiatives;
added
recruiting mid-level and senior-level professionals through programs designed to increase minority representation in international affairs;
added
offering the Foreign Service written and oral assessment examinations in several locations throughout the United States to reduce the burden of applicants having to travel at their own expense to take either or both such examinations;
added
expanding the use of paid internships; and
added
supporting recruiting and hiring opportunities through—
added
the Charles B. Rangel International Affairs Fellowship Program;
added
the Thomas R. Pickering Foreign Affairs Fellowship Program;
added
the Donald M. Payne International Development Fellowship Program; and
added
other initiatives, including agency-wide policy initiatives.
added
Annual updates— Not later than 1 year after the publication of the report required under subsection (a) and annually thereafter for the following 5 years, the Secretary shall work with the Director of the Office of Personnel Management and the Director of the Office of Management and Budget to provide a report to the appropriate congressional committees, which shall be posted on the Department’s website, which may be included in another annual report required under another provision of law, that includes—
added
disaggregated demographic data relating to the workforce and information on the status of diversity and inclusion efforts of the Department;
added
an analysis of applicant flow data; and
added
disaggregated demographic data relating to participants in professional development programs of the Department and the rate of placement into senior positions for participants in such programs.
Sec. 14403 Exit interviews for workforce
added
added
Retained members— The Director General of the Foreign Service and the Director of Human Resources of the Department shall conduct periodic interviews with a representative and diverse cross-section of the workforce of the Department—
added
to understand the reasons of individuals in such workforce for remaining in a position in the Department; and
added
to receive feedback on workplace policies, professional development opportunities, and other issues affecting the decision of individuals in the workforce to remain in the Department.
added
Departing members— The Director General of the Foreign Service and the Director of Human Resources shall provide an opportunity for an exit interview to each individual in the workforce of the Department who separates from service with the Department to better understand the reasons of such individual for leaving such service.
added
Use of analysis from interviews— The Director General of the Foreign Service and the Director of Human Resources shall analyze demographic data and other information obtained through interviews under subsections (a) and (b) to determine—
added
to what extent, if any, the diversity of those participating in such interviews impacts the results; and
added
whether to implement any policy changes or include any recommendations in a report required under subsection (a) or (e) of section 14402 relating to the determination reached pursuant to paragraph (1).
added
Tracking data— The Department shall—
added
track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs;
added
annually evaluate such data—
added
to identify ways to improve outreach and recruitment for such programs, consistent with merit system principles; and
added
to understand the extent to which participation in any professional development program offered or sponsored by the Department differs among the demographic categories of the workforce; and
added
actively encourage participation from a range of demographic categories, especially from categories with consistently low participation, in such professional development programs.
Sec. 14404 Recruitment and retention
added
added
In general— The Secretary shall—
added
continue to seek a diverse and talented pool of applicants; and
added
instruct the Director General of the Foreign Service and the Director of the Bureau of Human Resources of the Department to have a recruitment plan of action for the recruitment of people belonging to traditionally under-represented groups, which should include outreach at appropriate colleges, universities, affinity groups, and professional associations.
added
Scope— The diversity recruitment initiatives described in subsection (a) shall include—
added
recruiting at women’s colleges, historically Black colleges and universities, minority-serving institutions, and other institutions serving a significant percentage of minority students;
added
placing job advertisements in newspapers, magazines, and job sites oriented toward diverse groups;
added
sponsoring and recruiting at job fairs in urban and rural communities and land-grant colleges or universities;
added
providing opportunities through highly respected, international leadership programs, that focus on diversity recruitment and retention;
added
expanding the use of paid internships; and
added
cultivating partnerships with organizations dedicated to the advancement of the profession of international affairs and national security to advance shared diversity goals.
added
Expand training on anti-Harassment and anti-Discrimination—
added
In general— The Secretary shall, through the Foreign Service Institute and other educational and training opportunities—
added
ensure the provision to all individuals in the workforce of training on anti-harassment and anti-discrimination information and policies, including in existing Foreign Service Institute courses or modules prioritized in the Department’s Diversity and Inclusion Strategic Plan for 2016–2020 to promote diversity in Bureau awards or mitigate unconscious bias;
added
expand the provision of training on workplace rights and responsibilities to focus on anti-harassment and anti-discrimination information and policies, including policies relating to sexual assault prevention and response; and
added
make such expanded training mandatory for—
added
individuals in senior and supervisory positions;
added
individuals having responsibilities related to recruitment, retention, or promotion of employees; and
added
any other individual determined by the Department who needs such training based on analysis by the Department or OPM analysis.
added
Best practices— The Department shall give special attention to ensuring the continuous incorporation of research-based best practices in training provided under this subsection.
Sec. 14405 Leadership engagement and accountability
added
added
Reward and recognize efforts To promote diversity and inclusion—
added
In general— The Secretary shall implement performance and advancement requirements that reward and recognize the efforts of individuals in senior positions and supervisors in the Department in fostering an inclusive environment and cultivating talent consistent with merit system principles, such as through participation in mentoring programs or sponsorship initiatives, recruitment events, and other similar opportunities.
added
Outreach events— The Secretary shall create opportunities for individuals in senior positions and supervisors in the Department to participate in outreach events and to discuss issues relating to diversity and inclusion with the workforce on a regular basis, including with employee resource groups.
added
External advisory committees and boards— For each external advisory committee or board to which individuals in senior positions in the Department appoint members, the Secretary is strongly encouraged by Congress to ensure such external advisory committee or board is developed, reviewed, and carried out by qualified teams that represent the diversity of the organization.
Sec. 14406 Professional development opportunities and tools
added
added
Expand provision of professional development and career advancement opportunities—
added
In general— The Secretary is authorized to expand professional development opportunities that support the mission needs of the Department, such as—
added
academic programs;
added
private-public exchanges; and
added
detail assignments to relevant positions in—
added
private or international organizations;
added
State, local, and Tribal governments;
added
other branches of the Federal Government; or
added
professional schools of international affairs.
added
Training for senior positions—
added
In general— The Secretary shall offer, or sponsor members of the workforce to participate in, a Senior Executive Service candidate development program or other program that trains members on the skills required for appointment to senior positions in the Department.
added
Requirements— In determining which members of the workforce are granted professional development or career advancement opportunities under subparagraph (A), the Secretary shall—
added
ensure any program offered or sponsored by the Department under such subparagraph comports with the requirements of subpart C of part 412 of title 5, Code of Federal Regulations, or any successor thereto, including merit staffing and assessment requirements;
added
consider the number of expected vacancies in senior positions as a factor in determining the number of candidates to select for such programs;
added
understand how participation in any program offered or sponsored by the Department under such subparagraph differs by gender, race, national origin, disability status, or other demographic categories; and
added
actively encourage participation from a range of demographic categories, especially from categories with consistently low participation.
Sec. 14407 Examination and oral assessment for the Foreign Service
added
added
Sense of Congress— It is the sense of Congress that the Department should offer both the Foreign Service written examination and oral assessment in more locations throughout the United States. Doing so would ease the financial burden on potential candidates who do not currently reside in and must travel at their own expense to one of the few locations where these assessments are offered.
added
Foreign Service examinations— Section 301(b) of the Foreign Service Act of 1980 (22 U.S.C. 3941) is amended—
added
by striking “The Secretary” and inserting: “(1) The Secretary”; and
added
by adding at the end the following new paragraph:
added “(2) The Secretary shall ensure that the Board of Examiners for the Foreign Service annually offers the oral assessment examinations described in paragraph (1) in cities, chosen on a rotating basis, located in at least three different time zones across the United States.”
Sec. 14408 Payne fellowship authorization
added
added
In general— Undergraduate and graduate components of the Donald M. Payne International Development Fellowship Program may conduct outreach to attract outstanding students with an interest in pursuing a Foreign Service career who represent diverse ethnic and socioeconomic backgrounds.
added
Review of past programs— The Secretary shall review past programs designed to increase minority representation in international affairs positions.
Sec. 14409 Voluntary participation
added
added
In general— Nothing in this title should be construed so as to compel any employee to participate in the collection of the data or divulge any personal information. Department employees shall be informed that their participation in the data collection contemplated by this title is voluntary.
added
Privacy protection— Any data collected under this title shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees.
Sec. 14501 Definitions
addedadded In this title:
added
Information system— The term information system has the meaning given such term in section 3502 of title 44, United States Code.
added
Intelligence community— The term intelligence community has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
added
Relevant congressional committees— The term relevant congressional committees means—
added
the appropriate congressional committees;
added
the Select Committee on Intelligence of the Senate; and
added
the Permanent Select Committee on Intelligence of the House of Representatives.
Sec. 14502 Information system security
added
added
Definitions— In this section:
added
Incident— The term incident has the meaning given such term in section 3552(b) of title 44, United States Code.
added
Penetration test— The term penetration test means a test methodology in which assessors attempt to circumvent or defeat the security features of an information system.
added
Consultations process— Not later than 60 days after the date of the enactment of this Act, the Secretary shall establish a process for conducting semiannual consultations with the Secretary of Defense, the Director of National Intelligence, the Secretary of Homeland Security, and any other department or agency representative who the Secretary determines to be appropriate regarding the security of United States Government and nongovernmental information systems used or operated by the Department, a contractor of the Department, or another organization on behalf of the Department, including any such systems or networks facilitating the use of sensitive or classified information.
added
Independent penetration testing of information systems— In coordination with the consultations under subsection (b), the Secretary shall commission independent, semiannual penetration tests, which shall be carried out by an appropriate Federal department or agency other than the Department, such as the Department of Homeland Security or the National Security Agency, to ensure that adequate policies and protections are implemented to detect and prevent penetrations or compromises of such information systems, including malicious intrusions by any unauthorized individual, state actor, or other entity.
added
Waiver— The Secretary may waive the requirement under subsection (c) for up to 1 year if the Secretary—
added
determines that such requirement would have adverse effects on national security or the diplomatic mission of the Department; and
added
not later than 30 days after the commencement of such a determination, submits to the relevant congressional committees a written justification that describes how such penetration tests would undermine national security or the diplomatic mission of the Department.
added
Incident reporting— Not later than 180 days after the date of the enactment of this Act and annually thereafter for 3 years, the Secretary, in consultation with the Secretary of Defense, the Director of the National Intelligence, the Secretary of Homeland Security, and any other department or agency representative who the Secretary determines to be appropriate, shall securely submit to the relevant congressional committees a classified report that describes in detail the following:
added
For the first reporting period, all known and suspected incidents affecting the information systems specified in subsection (b) that occurred during the 180-day period immediately preceding the date of the enactment of this Act.
added
For all subsequent reporting periods, all known and suspected incidents affecting the information systems specified in subsection (b) that occurred since the submission of the most recent report.
added
Contents— Each report under subsection (e) shall include, for the relevant reporting period, a summary overview addressing the following:
added
A description of the relevant information system, as specified in subsection (b), that experienced a known or suspected incident.
added
An assessment of the date and time each such incident occurred or was suspected to have occurred.
added
An assessment of the duration over which each such incident took place or is suspected of having taken place, including whether such incident is ongoing.
added
An assessment of the volume and sensitivity of information accessed, compromised, or potentially compromised by each incident, including any such information contained on information systems owned, operated, managed, or utilized by any other Federal department or agency.
added
An assessment of whether such information system was compromised by such incident, including an assessment of the following:
added
The known or suspected perpetrators, including state actors.
added
The methods used to carry out the incident.
added
The known or suspected intent of the actors in accessing the information system.
added
A description of the actions the Department has taken or plans to take, including timelines and descriptions of any progress on plans described in prior reports, to prevent future, similar incidents affecting such information systems.
Sec. 14503 Prohibition on contracting with certain telecommunications providers
added
added
List of covered contractors— Not later than 30 days after the date of the enactment of this Act, the Secretary, in consultation with the Director of National Intelligence, shall develop or maintain, as the case may be, and update as frequently as the Secretary determines appropriate, a list of covered contractors with respect to which the prohibition specified in subsection (b) shall apply. Not later than 30 days after the initial development of the list under this subsection, any update thereto, and annually thereafter for 5 years after such initial 30 day period, the Secretary shall submit to the appropriate congressional committees a copy of such list.
added
Prohibition on contracts— The Secretary may not enter into a contract with a covered contractor on the list described in subsection (a).
added
Removal from list— To be removed from the list described in subsection (a), a covered contractor may submit a request to the Secretary in such manner as the Secretary determines appropriate. The Secretary, in consultation with the Director of National Intelligence, shall determine a process for removing covered contractors from the list, as appropriate, and publicly disclose such process.
added
Waivers—
added
In general— The President or the Secretary may waive the prohibition specified in subsection (b) if the President or the Secretary determines that such waiver is justified for national security reasons.
added
Waiver for overseas operations— The Secretary may waive the prohibition specified in subsection (b) for United States diplomatic posts or diplomatic personnel overseas if the Secretary, in consultation with the Director of National Intelligence, determines that no suitable alternatives are available.
added
Covered contractor defined— In this section, the term covered contractor means a provider of telecommunications, telecommunications equipment, or information technology equipment, including hardware, software, or services, that has knowingly assisted or facilitated a cyber attack or conducted surveillance, including passive or active monitoring, carried out against—
added
the United States by, or on behalf of, any government, or persons associated with such government, listed as a cyber threat actor in the intelligence community’s 2017 assessment of worldwide threats to United States national security or any subsequent worldwide threat assessment of the intelligence community; or
added
individuals, including activists, journalists, opposition politicians, or other individuals for the purposes of suppressing dissent or intimidating critics, on behalf of a country included in the annual country reports on human rights practices of the Department for systematic acts of political repression, including arbitrary arrest or detention, torture, extrajudicial or politically motivated killing, or other gross violations of human rights.
added
Effective date— This section shall apply with respect to contracts of a covered contractor entered into on or after the date of the enactment of this Act.
Sec. 14504 Preserving records of electronic communications conducted related to official duties of positions in the public trust of the American people
added
added
Sense of Congress— It is the sense of Congress that, as a matter of rule of law and transparency in a democratic government, all officers and employees of the Department and the United States Agency for International Development must preserve all records of communications conducted in their official capacities or related to their official duties with entities outside of the United States Government. It is further the sense of Congress that such practice should include foreign government officials or other foreign entities which may seek to influence United States Government policies and actions.
added
Publication— Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish in the Foreign Affairs Manual guidance implementing chapter 31 of title 44, United States Code (commonly referred to as the “Federal Records Act”), to treat electronic messaging systems, software, and applications as equivalent to electronic mail for the purpose of identifying Federal records, and shall also publish in the Foreign Affairs Manual the statutory penalties for failure to comply with such guidance. No funds are authorized to be appropriated or made available to the Department of State under any Act to support the use or establishment of accounts on third-party messaging applications or other non-Government online communication tools if the Secretary does not certify to the relevant congressional committees that the Secretary has carried out this section.
Sec. 14505 Foreign Relations of the United States (FRUS) series and declassification
addedadded The State Department Basic Authorities Act of 1956 is amended—
added
in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by striking “26” and inserting “20”; and
added
in section 404 (22 U.S.C. 4354)—
added
in subsection (a)(1), by striking “30”and inserting “25”; and
added
in subsection (c)(1)(C), by striking “30” and inserting “25”.
Sec. 14506 Vulnerability Disclosure Policy and Bug Bounty Pilot Program
added
added
Definitions— In this section:
added
Bug bounty program— The term “bug bounty program” means a program under which an approved individual, organization, or company is temporarily authorized to identify and report vulnerabilities of internet-facing information technology of the Department in exchange for compensation.
added
Department— The term “Department” means the Department of State.
added
Information technology— The term “information technology” has the meaning given such term in section 11101 of title 40, United States Code.
added
Secretary— The term “Secretary” means the Secretary of State.
added
Department of State Vulnerability Disclosure Process—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary shall design, establish, and make publicly known a Vulnerability Disclosure Process (VDP) to improve Department cybersecurity by—
added
providing security researchers with clear guidelines for—
added
conducting vulnerability discovery activities directed at Department information technology; and
added
submitting discovered security vulnerabilities to the Department; and
added
creating Department procedures and infrastructure to receive and fix discovered vulnerabilities.
added
Requirements— In establishing the VDP pursuant to paragraph (1), the Secretary shall—
added
identify which Department information technology should be included in the process;
added
determine whether the process should differentiate among and specify the types of security vulnerabilities that may be targeted;
added
provide a readily available means of reporting discovered security vulnerabilities and the form in which such vulnerabilities should be reported;
added
identify which Department offices and positions will be responsible for receiving, prioritizing, and addressing security vulnerability disclosure reports;
added
consult with the Attorney General regarding how to ensure that individuals, organizations, and companies that comply with the requirements of the process are protected from prosecution under section 1030 of title 18, United States Code, and similar provisions of law for specific activities authorized under the process;
added
consult with the relevant offices at the Department of Defense that were responsible for launching the 2016 Vulnerability Disclosure Program, “Hack the Pentagon”, and subsequent Department of Defense bug bounty programs;
added
engage qualified interested persons, including nongovernmental sector representatives, about the structure of the process as constructive and to the extent practicable; and
added
award contracts to entities, as necessary, to manage the process and implement the remediation of discovered security vulnerabilities.
added
Annual reports— Not later than 180 days after the establishment of the VDP under paragraph (1) and annually thereafter for the next 5 years, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the VDP, including information relating to the following:
added
The number and severity, in accordance with the National Vulnerabilities Database of the National Institute of Standards and Technology, of security vulnerabilities reported.
added
The number of previously unidentified security vulnerabilities remediated as a result.
added
The current number of outstanding previously unidentified security vulnerabilities and Department of State remediation plans.
added
The average length of time between the reporting of security vulnerabilities and remediation of such vulnerabilities.
added
The resources, surge staffing, roles, and responsibilities within the Department used to implement the VDP and complete security vulnerability remediation.
added
Any other information the Secretary determines relevant.
added
Department of State bug bounty pilot program—
added
In general— Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish a bug bounty pilot program to minimize security vulnerabilities of internet-facing information technology of the Department.
added
Requirements— In establishing the pilot program described in paragraph (1), the Secretary shall—
added
provide compensation for reports of previously unidentified security vulnerabilities within the websites, applications, and other internet-facing information technology of the Department that are accessible to the public;
added
award contracts to entities, as necessary, to manage such pilot program and for executing the remediation of security vulnerabilities identified pursuant to subparagraph (A);
added
identify which Department information technology should be included in such pilot program;
added
consult with the Attorney General on how to ensure that individuals, organizations, or companies that comply with the requirements of such pilot program are protected from prosecution under section 1030 of title 18, United States Code, and similar provisions of law for specific activities authorized under such pilot program;
added
consult with the relevant offices at the Department of Defense that were responsible for launching the 2016 “Hack the Pentagon” pilot program and subsequent Department of Defense bug bounty programs;
added
develop a process by which an approved individual, organization, or company can register with the entity referred to in subparagraph (B), submit to a background check as determined by the Department, and receive a determination as to eligibility for participation in such pilot program;
added
engage qualified interested persons, including nongovernmental sector representatives, about the structure of such pilot program as constructive and to the extent practicable; and
added
consult with relevant United States Government officials to ensure that such pilot program complements persistent network and vulnerability scans of the Department of State’s internet-accessible systems, such as the scans conducted pursuant to Binding Operational Directive BOD–15–01.
added
Duration— The pilot program established under paragraph (1) should be short-term in duration and not last longer than 1 year.
added
Report— Not later than 180 days after the date on which the bug bounty pilot program under subsection (a) is completed, the Secretary shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on such pilot program, including information relating to—
added
the number of approved individuals, organizations, or companies involved in such pilot program, broken down by the number of approved individuals, organizations, or companies that—
added
registered;
added
were approved;
added
submitted security vulnerabilities; and
added
received compensation;
added
the number and severity, in accordance with the National Vulnerabilities Database of the National Institute of Standards and Technology, of security vulnerabilities reported as part of such pilot program;
added
the number of previously unidentified security vulnerabilities remediated as a result of such pilot program;
added
the current number of outstanding previously unidentified security vulnerabilities and Department remediation plans;
added
the average length of time between the reporting of security vulnerabilities and remediation of such vulnerabilities;
added
the types of compensation provided under such pilot program; and
added
the lessons learned from such pilot program.
Sec. 14601 Short title
addedadded This title may be cited as the “Public Diplomacy Modernization Act of 2020”.
Sec. 14602 Avoiding duplication of programs and efforts
addedadded The Secretary shall—
added
identify opportunities for greater efficiency of operations, including through improved coordination of efforts across public diplomacy bureaus and offices of the Department; and
added
maximize shared use of resources between, and within, such public diplomacy bureaus and offices in cases in which programs, facilities, or administrative functions are duplicative or substantially overlapping.
Sec. 14603 Improving research and evaluation of public diplomacy
added
added
Research and evaluation activities— The Secretary, acting through the Director of Research and Evaluation appointed pursuant to subsection (b), shall—
added
conduct regular research and evaluation of public diplomacy programs and activities of the Department, including through the routine use of audience research, digital analytics, and impact evaluations, to plan and execute such programs and activities; and
added
make available to Congress the findings of the research and evaluations conducted under paragraph (1).
added
Director of research and evaluation—
added
Appointment— Not later than 90 days after the date of the enactment of this Act, the Secretary shall appoint a Director of Research and Evaluation (referred to in this subsection as the “Director”) in the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs of the Department.
added
Limitation on appointment— The appointment of the Director pursuant to paragraph (1) shall not result in an increase in the overall full-time equivalent positions within the Department.
added
Responsibilities— The Director shall—
added
coordinate and oversee the research and evaluation of public diplomacy programs and activities of the Department in order to—
added
improve public diplomacy strategies and tactics; and
added
ensure that such programs and activities are increasing the knowledge, understanding, and trust of the United States by relevant target audiences;
added
routinely organize and oversee audience research, digital analytics, and impact evaluations across all public diplomacy bureaus and offices of the Department;
added
support United States diplomatic posts’ public affairs sections;
added
share appropriate public diplomacy research and evaluation information within the Department and with other appropriate Federal departments and agencies;
added
regularly design and coordinate standardized research questions, methodologies, and procedures to ensure that public diplomacy programs and activities across all public diplomacy bureaus and offices are designed to meet appropriate foreign policy objectives; and
added
report biannually to the United States Advisory Commission on Public Diplomacy, through the Subcommittee on Research and Evaluation established pursuant to subsection (f), regarding the research and evaluation of all public diplomacy bureaus and offices.
added
Guidance and training— Not later than 1 year after the appointment of the Director pursuant to paragraph (1), the Director shall develop guidance and training, including curriculum for use by the Foreign Service Institute, for all public diplomacy officers of the Department regarding the reading and interpretation of public diplomacy program and activity evaluation findings to ensure that such findings and related lessons learned are implemented in the planning and evaluation of all public diplomacy programs and activities of the Department.
added
Prioritizing research and evaluation—
added
In general— The head of the Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs of the Department shall ensure that research and evaluation of public diplomacy and activities of the Department, as coordinated and overseen by the Director pursuant to subsection (b), supports strategic planning and resource allocation across all public diplomacy bureaus and offices of the Department.
added
Allocation of resources— Amounts allocated for the purpose of research and evaluation of public diplomacy programs and activities of the Department pursuant to subsection (b) shall be made available to be disbursed at the direction of the Director of Research and Evaluation among the research and evaluation staff across all public diplomacy bureaus and offices of the Department.
added
Sense of Congress— It is the sense of Congress that the Department should gradually increase its allocation of funds made available under the headings “Educational and Cultural Exchange Programs” and “Diplomatic Programs” for research and evaluation of public diplomacy programs and activities of the Department pursuant to subsection (b) to a percentage of program funds that is commensurate with Federal Government best practices.
added
Limited exemption relating to the Privacy Act—
added
In general— The Department shall maintain, collect, use, and disseminate records (as such term is defined in section 552a(a)(4) of title 5, United States Code) for audience research, digital analytics, and impact evaluation of communications related to public diplomacy efforts intended for foreign audiences.
added
Conditions— Audience research, digital analytics, and impact evaluations under paragraph (1) shall be—
added
reasonably tailored to meet the purposes of this subsection; and
added
carried out with due regard for privacy and civil liberties guidance and oversight.
added
United States Advisory Commission on Public Diplomacy—
added
Subcommittee for research and evaluation— The United States Advisory Commission on Public Diplomacy shall establish a Subcommittee on Research and Evaluation to monitor and advise regarding audience research, digital analytics, and impact evaluations carried out by the Department and the United States Agency for Global Media.
added
Annual report— The Subcommittee on Research and Evaluation established pursuant to paragraph (1) shall submit to the appropriate congressional committees an annual report, in conjunction with the United States Advisory Commission on Public Diplomacy’s Comprehensive Annual Report on the performance of the Department and the United States Agency for Global Media, describing all actions taken by the Subcommittee pursuant to paragraph (1) and any findings made as a result of such actions.
Sec. 14604 Permanent reauthorization of the united states advisory commission on public diplomacy
addedadded Section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6553) is amended—
added
in the section heading, by striking “Sunset” and inserting “Continuation”; and
added
by striking “until October 1, 2020”.
Sec. 14605 Streamlining of support functions
added
added
Working group established— Not later than 60 days after the date of the enactment of this Act, the Secretary shall establish a working group to explore the possibilities and cost-benefit analysis of transitioning to a shared services model as such pertains to human resources, travel, purchasing, budgetary planning, and all other executive support functions for all bureaus of the Department that report to the Under Secretary for Public Diplomacy of the Department.
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a plan to implement any such findings of the working group established under subsection (a).
Sec. 14606 Guidance for closure of public diplomacy facilities
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall adopt, and include in the Foreign Affairs Manual, guidelines to collect and utilize information from each diplomatic post at which the construction of a new embassy compound or new consulate compound would result in the closure or co-location of an American Space, American Center, American Corner, or any other public diplomacy facility under the Secure Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 et seq.).
added
Requirements— The guidelines required by subsection (a) shall include the following:
added
Standardized notification to each chief of mission at a diplomatic post describing the requirements of the Secure Embassy Construction and Counterterrorism Act of 1999 and the impact on the mission footprint of such requirements.
added
An assessment and recommendations from each chief of mission of potential impacts to public diplomacy programming at such diplomatic post if any public diplomacy facility referred to in subsection (a) is closed or staff is co-located in accordance with such Act.
added
A process by which assessments and recommendations under paragraph (2) are considered by the Secretary and the appropriate Under Secretaries and Assistant Secretaries of the Department.
added
Notification to the appropriate congressional committees, prior to the initiation of a new embassy compound or new consulate compound design, of the intent to close any such public diplomacy facility or co-locate public diplomacy staff in accordance with such Act.
added
Report— Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report containing the guidelines required under subsection (a) and any recommendations for any modifications to such guidelines.
Sec. 14607 Definitions
addedadded In this title:
added
Audience research— The term audience research means research conducted at the outset of a public diplomacy program or the outset of campaign planning and design regarding specific audience segments to understand the attitudes, interests, knowledge, and behaviors of such audience segments.
added
Digital analytics— The term digital analytics means the analysis of qualitative and quantitative data, accumulated in digital format, to indicate the outputs and outcomes of a public diplomacy program or campaign.
added
Impact evaluation— The term impact evaluation means an assessment of the changes in the audience targeted by a public diplomacy program or campaign that can be attributed to such program or campaign.
added
Public diplomacy bureaus and offices— The term public diplomacy bureaus and offices means, with respect to the Department, the following:
added
The Bureau of Educational and Cultural Affairs.
added
The Bureau of Global Public Affairs.
added
The Office of Policy, Planning, and Resources for Public Diplomacy and Public Affairs.
added
The Global Engagement Center.
added
The public diplomacy functions within the regional and functional bureaus.
Sec. 14701 Sense of congress
addedadded It is the sense of Congress that—
added
it is in the foreign policy interest of the United States to help foreign countries promote good governance and combat public corruption;
added
multiple Federal departments and agencies operate programs that promote good governance in foreign countries and enhance such countries’ ability to combat public corruption;
added
the Department should promote coordination among the Federal departments and agencies implementing programs to promote good governance and combat public corruption in foreign countries in order to improve effectiveness and efficiency; and
added
the Department should identify areas in which United States efforts to help other countries promote good governance and combat public corruption could be enhanced.
Sec. 14702 Annual assessment
added
added
In general— For each of fiscal years 2021 through 2027, the Secretary shall assess the capacity and commitment of foreign countries to combat public corruption. Each such assessment shall—
added
utilize independent, third party indicators that measure transparency, accountability, and corruption in the public sector in such countries, including the extent to which public power is exercised for private gain, to identify those countries that are most vulnerable to public corruption;
added
consider, to the extent reliable information is available, whether the government of a country identified under paragraph (1)—
added
has adopted measures to prevent public corruption, such as measures to inform and educate the public, including potential victims, about the causes and consequences of public corruption;
added
has enacted laws and established government structures, policies, and practices that prohibit public corruption;
added
enforces such laws through a fair judicial process;
added
vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate public corruption, including nationals of such country who are deployed in foreign military assignments, trade delegations abroad, or other similar missions who engage in or facilitate public corruption;
added
prescribes appropriate punishment for serious, significant corruption that is commensurate with the punishment prescribed for serious crimes;
added
prescribes appropriate punishment for significant corruption that provides a sufficiently stringent deterrent and adequately reflects the nature of the offense;
added
convicts and sentences persons responsible for such acts that take place wholly or partly within the country of such government, including, as appropriate, requiring the incarceration of individuals convicted of such acts;
added
holds private sector representatives accountable for their role in public corruption; and
added
addresses threats for civil society to monitor anti-corruption efforts; and
added
further consider—
added
verifiable measures taken by the government of a country identified under paragraph (1) to prohibit government officials from participating in, facilitating, or condoning public corruption, including the investigation, prosecution, and conviction of such officials;
added
the extent to which such government provides access, or, as appropriate, makes adequate resources available, to civil society organizations and other institutions to combat public corruption, including reporting, investigating, and monitoring;
added
the extent to which an independent judiciary or judicial body in such country is responsible for, and effectively capable of, deciding public corruption cases impartially, on the basis of facts and in accordance with law, without any improper restrictions, influences, inducements, pressures, threats, or interferences, whether direct or indirect, from any source or for any reason;
added
the extent to which such government cooperates meaningfully with the United States to strengthen government and judicial institutions and the rule of law to prevent, prohibit, and punish public corruption;
added
the extent to which such government—
added
is assisting in international investigations of transnational public corruption networks and in other cooperative efforts to combat serious, significant corruption, including cooperating with the governments of other countries to extradite corrupt actors;
added
recognizes the rights of victims of public corruption, ensures their access to justice, and takes steps to prevent such victims from being further victimized or persecuted by corrupt actors, government officials, or others; and
added
refrains from prosecuting legitimate victims of public corruption or whistleblowers due to such persons having assisted in exposing public corruption, and refrains from other discriminatory treatment of such persons; and
added
contain such other information relating to public corruption as the Secretary considers appropriate.
added
Identification— After conducting each assessment under subsection (a), the Secretary shall identify the countries described in paragraph (1) of such subsection that are—
added
meeting minimum standards to combat public corruption;
added
not meeting such minimum standards but making significant efforts to do so; and
added
neither meeting such minimum standards nor making significant efforts to do so.
added
Report— Not later than 180 days after the date of the enactment of this Act and annually thereafter through fiscal year 2026, the Secretary shall submit to the appropriate congressional committees and make publicly available a report that identifies the countries described in subsection (a)(1) and paragraphs (2) and (3) of subsection (b), including a description of the methodology and data utilized in the assessments under subsection (a) and the reasons for such identifications.
added
Briefing in lieu of report— The Secretary may waive the requirement to submit and make publicly available a written report under subsection (c) if the Secretary—
added
determines that publication of such report would—
added
undermine existing United States anti-corruption efforts in one or more countries; or
added
threaten the national interests of the United States; and
added
provides a briefing to the appropriate congressional committees that identifies the countries described in subsection (a)(1) and paragraphs (2) and (3) of subsection (b), including a description of the methodology and data utilized in the assessment under subsection (a) and the reasons for such identifications.
Sec. 14703 Transparency and accountability
addedadded For each country identified under paragraphs (2) and (3) of section 14702(b), the Secretary, in coordination with the Administrator of the United States Agency for International Development, as appropriate, shall—
added
ensure that a corruption risk assessment and mitigation strategy is included in the integrated country strategy for such country; and
added
utilize appropriate mechanisms to combat corruption in such countries, including by ensuring—
added
the inclusion of anti-corruption clauses in contracts, grants, and cooperative agreements entered into by the Department or the Agency for or in such countries, which allow for the termination of such contracts, grants, or cooperative agreements, as the case may be, without penalty if credible indicators of public corruption are discovered;
added
the inclusion of appropriate clawback or flowdown clauses within the procurement instruments of the Department and the Agency that provide for the recovery of funds misappropriated through corruption;
added
the appropriate disclosure to the United States Government, in confidential form, if necessary, of the beneficial ownership of contractors, subcontractors, grantees, cooperative agreement participants, and other organizations implementing programs on behalf of the Department or Agency; and
added
the establishment of mechanisms for investigating allegations of misappropriated resources and equipment.
Sec. 14704 Designation of embassy anti-corruption points of contact
added
added
In general— The Secretary shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified under paragraphs (2) and (3) of section 14702(b), or which the Secretary otherwise determines is in need of such a point of contact.
added
Responsibilities— Each designated anti-corruption point of contact under subsection (a) shall be responsible for coordinating and overseeing implementation of a whole-of-government approach among the relevant Federal departments and agencies that operate programs that promote good governance in foreign countries and enhance such countries’ ability to combat public corruption in order to accomplish such objectives in the country to which such point of contact is posted, including through the development and implementation of corruption risk assessment tools and mitigation strategies.
added
Training— The Secretary shall implement appropriate training for designated anti-corruption points of contact under subsection (a).
Sec. 14705 Reporting requirements
added
added
Annual report—
added
In general— The Secretary shall, for each of fiscal years 2021 through 2026, submit to the appropriate congressional committees a report on implementation of this title, including a description of the following:
added
The offices within the Department and the United States Agency for International Development that are engaging in significant anti-corruption activities.
added
The findings and actions of designated anti-corruption points of contact to develop and implement risk mitigation strategies and ensure compliance with section 14703.
added
The training implemented under section 14704(c).
added
Management of the whole-of-government effort referred to in section 14704(b) to combat corruption within the countries identified in section 14702 and efforts to improve coordination across Federal departments and agencies.
added
The risk assessment tools and mitigation strategies utilized by the Department and the Agency.
added
Other information determined by the Secretary to be necessary and appropriate.
added
Form of report— Each report under this subsection shall be submitted in an unclassified format but may include a classified annex.
added
Online platform— The Secretary shall consolidate existing reports with anti-corruption components into one online, public platform, which should—
added
include—
added
the annual Country Reports on Human Rights Practices;
added
the annual Fiscal Transparency Report;
added
the annual Investment Climate Statements;
added
the annual International Narcotics Control Strategy Report;
added
the Country Scorecards of the Millennium Challenge Corporation; and
added
any other relevant public reports; and
added
link to third-party indicators and compliance mechanisms used by the United States Government to inform policy and programming, such as—
added
the International Finance Corporation’s Doing Business surveys;
added
the International Budget Partnership’s Open Budget Index; and
added
multilateral peer review anti-corruption compliance mechanisms, such as the Organization for Economic Co-operation and Development’s Working Group on Bribery in International Business Transactions and the United Nations Convention Against Corruption, done at New York October 31, 2003, to further highlight expert international views on country challenges and country efforts.
added
Training— The Secretary and the Administrator of the United States Agency for International Development shall incorporate anti-corruption components into existing Foreign Service and Civil Service training courses to—
added
increase the ability of Department and Agency personnel to support anti-corruption as a foreign policy priority; and
added
strengthen the ability of such personnel to design, implement, and evaluate more effective anti-corruption programming around the world, including enhancing skills to better evaluate and mitigate public corruption risks in assistance programs.
Sec. 14706 Foreign investments and national security
added
added
In general— Not later than 1 year after the date of the enactment of this Act and biennially thereafter for the following 5 years, the Secretary, in consultation with the Secretary of the Treasury, the Director of National Intelligence, and the heads of other agencies, as appropriate, shall submit to Congress an interagency strategy to work with foreign governments and multilateral institutions to guard against the risks of certain transactions involving foreign investments.
added
Contents— Each interagency strategy under paragraph (1) shall include plans relating to the following:
added
Information sharing with foreign governments and multilateral institutions regarding risks associated with potential foreign investments.
added
Promoting American and other alternatives to foreign investments identified as presenting substantial risk to the national security or sovereignty of a country.
added
Providing technical assistance to foreign governments or multilateral institutions regarding screening foreign investments.
added
Designating points of contact at each United States mission to foreign governments and multilateral institutions, and in associated regional bureaus, to coordinate efforts described in this paragraph.
added
Coordination— If the Secretary determines such is appropriate, the designated points of contact referred to in subsection (b)(4) may be the same individual designated under section 14704(a).
Sec. 14801 Case-Zablocki Act Reform
addedadded Section 112b of title 1, United States Code, is amended—
added
in subsection (a), by striking “Committee on International Relations” and inserting “Committee on Foreign Affairs”; and
added
by amending subsection (b) to read as follows:
added “(b) Each department or agency of the United States Government that enters into any international agreement described in subsection (a) on behalf of the United States, shall designate a Chief International Agreements Officer, who—
added “(1) shall be a current employee of such department or agency;
added “(2) shall serve concurrently as Chief International Agreements Officer; and
added “(3) subject to the authority of the head of such department or agency, shall have department or agency-wide responsibility for efficient and appropriate compliance with subsection (a) to transmit the text of any international agreement to the Department of State expeditiously after such agreement has been signed.”
Sec. 14802 Limitation on assistance to countries in default
addedadded Section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(q)) is amended—
added
by striking “No assistance” and inserting the following:
added “(1) No assistance”
added
by inserting “the government of” before “any country”;
added
by inserting “the government of” before “such country” each place it appears;
added
by striking “determines” and all that follows and inserting “determines, after consultation with the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate, that assistance for such country is in the national interest of the United States.”; and
added
by adding at the end the following:
added “(2) No assistance shall be furnished under this Act, the Peace Corps Act, the Millennium Challenge Act of 2003, the African Development Foundation Act, the BUILD Act of 2018, section 504 of the FREEDOM Support Act, or section 23 of the Arms Export Control Act to the government of any country which is in default during a period in excess of 1 calendar year in payment to the United States of principal or interest or any loan made to the government of such country by the United States unless the President determines, following consultation with the congressional committees specified in paragraph (1), that assistance for such country is in the national interest of the United States.”
Sec. 14803 Prohibition on assistance to governments supporting international terrorism
added
added
Prohibition— Subsection (a) of section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) is amended by striking “that the government of that country” and all that follows and inserting
added “(1) has repeatedly provided support for acts of international terrorism;
added “(2) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism;
added “(3) otherwise supports international terrorism; or
added “(4) is controlled by an organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).”
added
Rescission— Subsection (c) of such section is amended by striking “and the Chairman of the Committee on Foreign Relations of the Senate” and inserting “, the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate”.
added
Waiver— Subsection (d)(2) of such section is amended by striking “and the chairman of the Committee on Foreign Relations of the Senate” and inserting “, the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate”.
added
Prohibition on lethal military equipment exports— Such section, as so amended, is further amended by adding at the end the following:
added “(e) Prohibition on lethal military equipment exports
added “(1) Prohibition
added “(A) In general—The United States shall not provide any assistance under this Act or section 23 of the Arms Export Control Act to any foreign government that provides lethal military equipment to a country the government of which the Secretary of State has determined supports international terrorism for purposes of section 1754(c) of the Export Control Reform Act of 2018.
added “(B) Termination—The prohibition on assistance under subparagraph (A) with respect to a foreign government shall terminate 12 months after such government ceases to provide the lethal military equipment described in such subparagraph.
added “(C) Applicability—This subsection applies with respect to lethal military equipment provided under a contract entered into after October 1, 1997.
added “(2) Waiver—The President may waive the prohibition on assistance under paragraph (1) with respect to a foreign government if the President determines that to do so is important to the national interest of the United States.
added “(3) Report—Upon the exercise of the waiver authority pursuant to paragraph (2), the President shall submit to the appropriate congressional committees a report with respect to the furnishing of assistance under the waiver authority, including—
added “(A) a detailed explanation of the assistance to be provided;
added “(B) the estimated dollar amount of such assistance; and
added “(C) an explanation of how the assistance furthers the national interest of the United States.
added “(4) Appropriate congressional committees defined—In this subsection, the term “appropriate congressional committees” means—
added “(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
added “(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.”
Sec. 14804 Sean and David Goldman Child Abduction Prevention and Return Act of 2014 amendment
addedadded Subsection (b) of section 101 of the Sean and David Goldman International Child Abduction Prevention and Return Act of 2014 (22 U.S.C. 9111; Public Law 113–150) is amended—
added
in paragraph (2)—
added
in subparagraph (A)—
added
by inserting “, respectively,” after “access cases”; and
added
by inserting “and the number of children involved” before the semicolon at the end;
added
in subparagraph (D), by inserting “respectively, the number of children involved,” after “access cases,”;
added
in paragraph (7), by inserting “, and number of children involved in such cases” before the semicolon at the end;
added
in paragraph (8), by striking “and” after the semicolon at the end;
added
in paragraph (9), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following new paragraph:
added “(10) the total number of pending cases the Department of State has assigned to case officers and number of children involved for each country and as a total for all countries.”
Sec. 14805 Modification of authorities of Commission for the Preservation of America’s Heritage Abroad
added
added
In general— Chapter 3123 of title 54, United States Code, is amended as follows:
added
In section 312302, by inserting “, and unimpeded access to those sites,” after “and historic buildings”.
added
In section 312304(a)—
added
in paragraph (2)—
added
by striking “and historic buildings” and inserting “and historic buildings, and unimpeded access to those sites”; and
added
by striking “and protected” and inserting “, protected, and made accessible”; and
added
in paragraph (3), by striking “and protecting” and inserting “, protecting, and making accessible”.
added
In section 312305, by inserting “and to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate” after “President”.
added
Report— Not later than 90 days after the date of the enactment of this Act, the Commission for the Preservation of America’s Heritage Abroad shall submit to the President and to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that contains an evaluation of the extent to which the Commission is prepared to continue its activities and accomplishments with respect to the foreign heritage of United States citizens from eastern and central Europe, were the Commission’s duties and powers extended to include other regions, including the Middle East and North Africa, and any additional resources or personnel the Commission would require.
Sec. 14806 Chief of mission concurrence
addedadded In the course of providing concurrence to the exercise of the authority pursuant to section 127e of title 10, United State Code, or section 1202 of the National Defense Authorization Act for Fiscal Year 2018—
added
each relevant chief of mission shall inform and consult in a timely manner with relevant individuals at relevant missions or bureaus of the Department of State; and
added
the Secretary of State shall take such steps as may be necessary to ensure that such relevant individuals have the security clearances necessary to so consult in a timely manner with respect to such concurrence.
Sec. 15001 Short title
addedadded This division may be cited as the “Combating Russian Money Laundering Act”.
Sec. 15002 Statement of policy
addedadded It is the policy of the United States to—
added
protect the United States financial sector from abuse by malign actors; and
added
use all available financial tools to counter adversaries.
Sec. 15003 Sense of Congress
addedadded It is the sense of Congress that—
added
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;
added
money laundering assists in the Russian Government’s political and economic influence and destabilization operations, which in turn affect the United States and European democracy, national security, and rule of law;
added
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
added
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. 15004 Determination with respect to primary money laundering concern of Russian illicit finance
added
added
Determination— If the Secretary of the Treasury determines that reasonable grounds exist for concluding that one or more financial or non-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 is of primary money laundering concern in connection with Russian illicit finance, the Secretary of the Treasury may 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 by order, regulation, or otherwise as permitted by law.
added
Report required—
added
In general— Not later than 120 days 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 on financial and non-financial institutions operating outside of the United States, classes of transactions, jurisdictions outside of the United States, and accounts for which there are reasonable grounds to conclude are of primary money laundering concern in connection with Russian illicit finance.
added
Contents— The report required under paragraph (1) shall also—
added
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—
added
identifying the beneficial ownership of anonymous companies;
added
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;
added
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
added
establishing a permanent solution to collecting information nationwide to track ownership of real estate; and
added
include data and case studies on the use of financial and non-financial institutions, including limited liability companies, real estate, law firms, and electronic currencies, to move and disguise Russian funds.
added
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.
added
Use of report information To make primary money laundering concern determinations— If applicable, the Secretary of the Treasury shall use the information contained in the report issued under subsection (b) to support findings that reasonable grounds exist for concluding that a jurisdiction outside of the United States, 1 or more financial institutions operating outside of the United States, 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States, or 1 or more types of accounts is of primary money laundering concern, in accordance with section 5318A of title 31, United States Code.
added
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 Defense, 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.
Sec. 16001 Short title
addedadded The division may be cited as the “Kleptocracy Asset Recovery Rewards Act”.
Sec. 16002 Findings; sense of Congress
added
added
Findings— Congress finds the following:
added
The Stolen Asset Recovery Initiative (StAR), a World Bank and United Nations anti-money-laundering effort, estimates that between $20 billion to $40 billion has been lost to developing countries annually through corruption.
added
In 2014, more than $480 million in corruption proceeds hidden in bank accounts around the world by former Nigerian dictator Sani Abacha and his co-conspirators was forfeited through efforts by the Department of Justice.
added
In 2010, the Department of Justice established the Kleptocracy Asset Recovery Initiative, to work in partnership with Federal law enforcement agencies to forfeit the proceeds of foreign official corruption and, where appropriate, return those proceeds to benefit the people harmed by these acts of corruption and abuse of office.
added
Of the $20 billion to $40 billion lost by developing countries annually through corruption, only about $5 billion has been repatriated in the last 15 years.
added
Governments weakened by corruption and loss of assets due to corruption have fewer resources to devote to the fight against terrorism and fewer resources to devote to building strong financial, law enforcement, and judicial institutions to aid in the fight against the financing of terrorism.
added
The United States has a number of effective programs to reward individuals who provide valuable information that assist in the identification, arrest, and conviction of criminal actors and their associates, as well as seizure and forfeiture of illicitly derived assets and the proceeds of criminal activity.
added
The Internal Revenue Service has the Whistleblower Program, which pays awards to individuals who provide specific and credible information to the IRS if the information results in the collection of taxes, penalties, interest or other amounts from noncompliant taxpayers.
added
The Department of State administers rewards programs on international terrorism, illegal narcotics, and transnational organized crime with the goal of bringing perpetrators to justice.
added
None of these existing rewards programs specifically provide monetary incentives for identifying and recovering stolen assets linked solely to foreign government corruption, as opposed to criminal prosecutions or civil or criminal forfeitures.
added
The recovery of stolen assets linked to foreign government corruption and the proceeds of such corruption may not always involve a BSA violation or lead to a forfeiture action. In such cases there would be no ability to pay rewards under existing Treasury Department authorities.
added
Foreign government corruption can take many forms but typically entails government officials stealing, misappropriating, or illegally diverting assets and funds from their own government treasuries to enrich their personal wealth directly through embezzlement or bribes to allow government resources to be expended in ways that are not transparent and may not either be necessary or be the result of open competition. Corruption also includes situations where public officials take bribes to allow government resources to be expended in ways which are not transparent and may not be necessary or the result of open competition. These corrupt officials often use the United States and international financial system to hide their stolen assets and the proceeds of corruption.
added
The individuals who come forward to expose foreign governmental corruption and kleptocracy often do so at great risk to their own safety and that of their immediate family members and face retaliation from persons who exercise foreign political or governmental power. Monetary rewards can provide a necessary incentive to expose such corruption and provide a financial means to provide for their well-being and avoid retribution.
added
Sense of Congress— It is the sense of Congress that a Department of the Treasury 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—
added
intensify the global fight against corruption; and
added
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. 16003 In general
added
added
Department of the Treasury Kleptocracy Asset Recovery Rewards Program— Chapter 97 of title 31, United States Code, is amended by adding at the end the following:
added “9706. Department of the Treasury Kleptocracy Asset Recovery Rewards Program
added “(a) Establishment
added “(1) In general—There is established in the Department of the Treasury a program to be known as the “Kleptocracy Asset Recovery Rewards Program” for the payment of rewards to carry out the purposes of this section.
added “(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.
added “(3) Implementation—The rewards program shall be administered by, and at the sole discretion of, the Secretary of the Treasury, in consultation, as appropriate, with the Secretary of State, the Attorney General, and the heads of such other departments and agencies as the Secretary may find appropriate.
added “(b) Rewards authorized—In the sole discretion of the Secretary and in consultation, as appropriate, with the heads of other relevant Federal departments or agencies, the Secretary may pay a reward to any individual, or to any nonprofit humanitarian organization designated by such individual, if that individual furnishes information leading to—
added “(1) the restraining or seizure 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;
added “(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
added “(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.
added “(c) Coordination
added “(1) 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 law enforcement 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—
added “(A) identifying actions with respect to which rewards will be offered;
added “(B) the receipt and analysis of data; and
added “(C) the payment of rewards and approval of such payments.
added “(2) Prior approval of the Attorney General required—Before making a reward under this section in a matter over which there is Federal criminal jurisdiction, the Secretary of the Treasury shall obtain the written concurrence of the Attorney General.
added “(d) Payment of rewards
added “(1) Authorization of appropriations—For the purpose of paying rewards pursuant to this section, there is authorized to be appropriated—
added “(A) $450,000 for fiscal year 2020; and
added “(B) for each fiscal year, any amount recovered in stolen assets described under subsection (b) that the Secretary determines is necessary to carry out this program consistent with this section.
added “(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.
added “(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.
added “(4) Payments to be made first from stolen asset amounts—In paying any reward under this section, the Secretary shall, to the extent possible, make such reward payment—
added “(A) first, from appropriated funds authorized under paragraph (1)(B); and
added “(B) second, from appropriated funds authorized under paragraph (1)(A).
added “(e) Limitations
added “(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.
added “(2) Maximum amount—No reward paid under this section may exceed $5 million, unless the Secretary—
added “(A) personally authorizes such greater amount in writing;
added “(B) determines that offer or payment of a reward of a greater amount is necessary due to the exceptional nature of the case; and
added “(C) notifies the appropriate committees of the Congress of such determination.
added “(3) Approval
added “(A) In general—No reward amount may be paid under this section without the written approval of the Secretary.
added “(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.
added “(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 take such measures in connection with the payment of the reward as the Secretary considers necessary to effect such protection.
added “(5) Forms of reward payment—The Secretary may make a reward under this section in the form of a monetary payment.
added “(f) Ineligibility, reduction in, or denial of reward
added “(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.
added “(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.
added “(g) Report
added “(1) In general—Within 180 days of the enactment of this section, and annually thereafter for 5 years, the Secretary shall issue a report to the appropriate committees of the Congress—
added “(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 that come within the possession or control of any United States person;
added “(B) discussing efforts being undertaken to identify more such stolen assets and their owners or beneficial owners; and
added “(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.
added “(2) Exception for ongoing investigations—The report issued under paragraph (1) shall not include information related to ongoing investigations.
added “(h) Definitions—For purposes of this section:
added “(1) Appropriate committees of the Congress—The term appropriate committees of the Congress means the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.
added “(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.
added “(3) Foreign government corruption—The term foreign government corruption includes bribery of a foreign public official, or the misappropriation, theft, or embezzlement of public funds or property by or for the benefit of a foreign public official.
added “(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.
added “(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 36(k) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(k)).
added “(6) Rewards program—The term rewards program means the program established in subsection (a)(1) of this section.
added “(7) Secretary—The term Secretary means the Secretary of the Treasury.
added “(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.”
added
Report on disposition of recovered assets— Within 360 days of the enactment of this Act, the Secretary of the Treasury shall issue a report to the appropriate committees of Congress (as defined under section 9706(h) of title 31, United States Code) describing policy choices and recommendations for disposition of stolen assets recovered pursuant to section 9706 of title 31, United States Code.
added
Table of contents amendment— The table of contents for chapter 97 of title 31, United States Code, is amended by adding at the end the following:
Sec. 17001 Short title
addedadded This division may be cited as the “Stopping Trafficking, Illicit Flows, Laundering, and Exploitation Act of 2020” or the “STIFLE Act of 2020” .
Sec. 17002 Findings
addedadded The Congress finds the following:
added
Trafficking is a national-security threat and an economic drain of our resources.
added
As the U.S. Department of the Treasury’s recently released “2020 National Strategy for Combating Terrorist and Other Illicit Financing” concludes, “While money laundering, terrorism financing, and WMD proliferation financing differ qualitatively and quantitatively, the illicit actors engaging in these activities can exploit the same vulnerabilities and financial channels.”.
added
Among those are bad actors engaged in trafficking, whether they trade in drugs, arms, cultural property, wildlife, natural resources, counterfeit goods, organs, or, even, other humans.
added
Their illegal (or “dark”) markets use similar and sometimes related or overlapping methods and means to acquire, move, and profit from their crimes.
added
In a March 2017, report from Global Financial Integrity, “Transnational Crime and the Developing World”, the global business of transnational crime was valued at $1.6 trillion to $2.2 trillion annually, resulting in crime, violence, terrorism, instability, corruption, and lost tax revenues worldwide.
Sec. 17003 GAO Study
added
added
Study— The Comptroller General of the United States shall carry out a study on—
added
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 cooperative;
added
commonly used methods to launder and move the proceeds of trafficking;
added
the types of suspicious financial activity that are associated with illicit trafficking networks, and how financial institutions identify and report such activity;
added
the nexus between the identities and finances of trafficked persons and fraud;
added
the tools, guidance, training, partnerships, supervision, or other mechanisms that Federal agencies, including the Department of the Treasury’s Financial Crimes Enforcement Network, the Federal financial regulators, and law enforcement, provide to help financial institutions identify techniques and patterns of transactions that may involve the proceeds of trafficking;
added
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;
added
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
added
the role that emerging technologies, including artificial intelligence, digital identity technologies, blockchain technologies, virtual assets, and related exchanges and online marketplaces, and other innovative technologies, can play in both assisting with and potentially enabling the laundering of proceeds from trafficking.
added
Consultation— In carrying out the study required under subsection (a), the Comptroller General shall solicit feedback and perspectives to the extent practicable from survivor and victim advocacy organizations, law enforcement, research organizations, private-sector organizations (including financial institutions and data and technology companies), and any other organization or entity that the Comptroller General determines appropriate.
added
Report— The Comptroller General shall issue one or more reports to the Congress containing the results of the study required under subsection (a). The first report shall be issued not later than the end of the 15-month period beginning on the date of the enactment of this Act. The reports shall contain—
added
all findings and determinations made in carrying out the study required under subsection (a); and
added
recommendations for any legislative or regulatory changes necessary to combat trafficking or the laundering of proceeds from trafficking.
Sec. 18001 Short title
addedadded This division may be cited as the “Improving Corporate Governance Through Diversity Act of 2020”.
Sec. 18002 Submission of data relating to diversity by issuers
addedadded Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following:
added “(s) Submission of data relating to diversity
added “(1) Definitions—In this subsection—
added “(A) the term executive officer has the meaning given the term in section 230.501(f) of title 17, Code of Federal Regulations, as in effect on the date of enactment of this subsection; and
added “(B) the term veteran has the meaning given the term in section 101 of title 38, United States Code.
added “(2) Submission of disclosure—Each issuer required to file an annual report under subsection (a) shall disclose in any proxy statement and any information statement relating to the election of directors filed with the Commission the following:
added “(A) Data, based on voluntary self-identification, on the racial, ethnic, and gender composition of—
added “(i) the board of directors of the issuer;
added “(ii) nominees for the board of directors of the issuer; and
added “(iii) the executive officers of the issuer.
added “(B) The status of any member of the board of directors of the issuer, any nominee for the board of directors of the issuer, or any executive officer of the issuer, based on voluntary self-identification, as a veteran.
added “(C) Whether the board of directors of the issuer, or any committee of that board of directors, has, as of the date on which the issuer makes a disclosure under this paragraph, adopted any policy, plan, or strategy to promote racial, ethnic, and gender diversity among—
added “(i) the board of directors of the issuer;
added “(ii) nominees for the board of directors of the issuer; or
added “(iii) the executive officers of the issuer.
added “(3) Alternative submission—In any 1-year period in which an issuer required to file an annual report under subsection (a) does not file with the Commission a proxy statement relating to the election of directors or an information statement, the issuer shall disclose the information required under paragraph (2) in the first annual report of issuer that the issuer submits to the Commission after the end of that 1-year period.
added “(4) Annual report—Not later than 18 months after the date of the enactment of this subsection, and annually thereafter, the Commission shall submit to the Committee on Financial Services of the House of Representatives and to the Committee on Banking, Housing, and Urban Affairs of the Senate and publish on the website of the Commission a report that analyzes the information disclosed pursuant to paragraphs (1), (2), and (3) and identifies any trends in such information.
added “(5) Best practices
added “(A) In general—The Director of the Office of Minority and Women Inclusion of the Commission shall, not later than the end of the 3-year period beginning on the date of the enactment of this subsection and every 3 years thereafter, publish best practices for compliance with this subsection.
added “(B) Comments—The Director of the Office of Minority and Women Inclusion of the Commission may, pursuant to subchapter II of chapter 5 of title 5, United States Code, solicit public comments related to the best practices published under subparagraph (A).”
Sec. 18003 Diversity advisory group
added
added
Establishment— The Securities and Exchange Commission shall establish a Diversity Advisory Group (the “Advisory Group”), which shall be composed of representatives from the government, academia, and the private sector.
added
Study and recommendations— The Advisory Group shall—
added
carry out a study that identifies strategies that can be used to increase gender, racial, and ethnic diversity among members of boards of directors of issuers; and
added
not later than 9 months after the establishment of the Advisory Group, submit a report to the Commission, the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate that—
added
describes any findings from the study conducted pursuant to paragraph (1); and
added
makes recommendations of strategies that issuers could use to increase gender, racial, and ethnic diversity among board members.
added
Annual report— Not later than 1 year following the submission of a report pursuant to subsection (b), and annually thereafter, the Commission shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that describes the status of gender, racial, and ethnic diversity among members of the board of directors of issuers.
added
Public availability of reports— The Commission shall make all reports of the Advisory Group available to issuers and the public, including on the website of the Commission.
added
Definitions— For the purposes of this section:
added
Issuer— The term “issuer” has the meaning given the term in section 3 of the Securities Exchange Act of 1934.
added
Commission— The term “Commission” means the Securities and Exchange Commission.
Sec. 19001 Short title
addedadded This division may be cited as the “Banking Transparency for Sanctioned Persons Act of 2019”.
Sec. 19002 Report on financial services benefitting state sponsors of terrorism, human rights abusers, and corrupt officials
added
added
In general— Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of the Treasury shall issue a report 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 that includes—
added
a copy of any license issued by the Secretary in the preceding 180 days that authorizes a financial institution to provide financial services benefitting a state sponsor of terrorism; and
added
a list of any foreign financial institutions that, in the preceding 180 days, knowingly conducted a significant transaction or transactions, directly or indirectly, for a sanctioned person included on the Department of the Treasury’s Specially Designated Nationals And Blocked Persons List who—
added
is owned or controlled by, or acts on behalf of, the government of a state sponsor of terrorism; or
added
is designated pursuant to any of the following:
added
Section 404 of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 (Public Law 112–208).
added
Subtitle F of title XII of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328, the Global Magnitsky Human Rights Accountability Act).
added
Executive Order No. 13818.
added
Form of report— The report required under subsection (a) shall be submitted in unclassified form but may contain a classified annex.
Sec. 19003 Waiver
addedadded The Secretary of the Treasury may waive the requirements of section 19002 with respect to a foreign financial institution described in paragraph (2) of such section—
added
upon receiving credible assurances that the foreign financial institution has ceased, or will imminently cease, to knowingly conduct any significant transaction or transactions, directly or indirectly, for a person described in subparagraph (A) or (B) of such paragraph (2); or
added
upon certifying 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 that the waiver is important to the national interest of the United States, with an explanation of the reasons therefor.
Sec. 19004 Definitions
addedadded For purposes of this division:
added
Financial institution— The term financial institution means a United States financial institution or a foreign financial institution.
added
Foreign financial institution— The term foreign financial institution has the meaning given that term under section 561.308 of title 31, Code of Federal Regulations.
added
Knowingly— The term knowingly with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
added
United States financial institution— The term United States financial institution has the meaning given the term U.S. financial institution under section 561.309 of title 31, Code of Federal Regulations.
Sec. 19005 Sunset
addedadded The reporting requirement under this division shall terminate on the date that is the end of the 7-year period beginning on the date of the enactment of this Act.
Sec. 20001 Short title
addedadded This division may be cited as the “Protecting America’s Wilderness Act”.
Sec. 20101 Short title; definition
added
added
Short title— This title may be cited as the “Colorado Wilderness Act of 2020”.
added
Secretary defined— As used in this title, the term Secretary means the Secretary of the Interior or the Secretary of Agriculture, as appropriate.
Sec. 20102 Additions to National Wilderness Preservation System in the State of Colorado
added
added
Additions— Section 2(a) of the Colorado Wilderness Act of 1993 (Public Law 103–77; 107 Stat. 756; 16 U.S.C. 1132 note) is amended by adding at the end the following paragraphs:
added “(23) Certain lands managed by the Colorado River Valley Field Office of the Bureau of Land Management, which comprise approximately 316 acres, as generally depicted on a map titled “Maroon Bells Addition Proposed Wilderness”, dated July 20, 2018, which is hereby incorporated in and shall be deemed to be a part of the Maroon Bells-Snowmass Wilderness Area designated by Public Law 88–577.
added “(24) Certain lands managed by the Gunnison Field Office of the Bureau of Land Management, which comprise approximately 38,217 acres, as generally depicted on a map titled “Redcloud & Handies Peak Proposed Wilderness”, dated October 9, 2019, which shall be known as the Redcloud Peak Wilderness.
added “(25) Certain lands managed by the Gunnison Field Office of the Bureau of Land Management or located in the Grand Mesa, Uncompahgre, and Gunnison National Forests, which comprise approximately 26,734 acres, as generally depicted on a map titled “Redcloud & Handies Peak Proposed Wilderness”, dated October 9, 2019, which shall be known as the Handies Peak Wilderness.
added “(26) Certain lands managed by the Royal Gorge Field Office of the Bureau of Land Management, which comprise approximately 16,481 acres, as generally depicted on a map titled “Table Mountain & McIntyre Hills Proposed Wilderness”, dated November 7, 2019, which shall be known as the McIntyre Hills Wilderness.
added “(27) Certain lands managed by the Colorado River Valley Field Office of the Bureau of Land Management, which comprise approximately 10,282 acres, as generally depicted on a map titled “Grand Hogback Proposed Wilderness”, dated October 16, 2019, which shall be known as the Grand Hogback Wilderness.
added “(28) Certain lands managed by the Grand Junction Field Office of the Bureau of Land Management, which comprise approximately 25,624 acres, as generally depicted on a map titled “Demaree Canyon Proposed Wilderness”, dated October 9, 2019, which shall be known as the Demaree Canyon Wilderness.
added “(29) Certain lands managed by the Grand Junction Field Office of the Bureau of Land Management, which comprise approximately 28,279 acres, as generally depicted on a map titled “Little Books Cliff Proposed Wilderness”, dated October 9, 2019, which shall be known as the Little Bookcliffs Wilderness.
added “(30) Certain lands managed by the Colorado River Valley Field Office of the Bureau of Land Management, which comprise approximately 14,886 acres, as generally depicted on a map titled “Bull Gulch & Castle Peak Proposed Wilderness”, dated January 29, 2020, which shall be known as the Bull Gulch Wilderness.
added “(31) Certain lands managed by the Colorado River Valley Field Office of the Bureau of Land Management, which comprise approximately 12,016 acres, as generally depicted on a map titled “Bull Gulch & Castle Peak Proposed Wilderness Areas”, dated January 29, 2020, which shall be known as the Castle Peak Wilderness.”
added
Further additions— The following lands in the State of Colorado administered by the Bureau of Land Management or the United States Forest Service are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System:
added
Certain lands managed by the Colorado River Valley Field Office of the Bureau of Land Management or located in the White River National Forest, which comprise approximately 19,240 acres, as generally depicted on a map titled “Assignation Ridge Proposed Wilderness”, dated November 12, 2019, which shall be known as the Assignation Ridge Wilderness.
added
Certain lands managed by the Royal Gorge Field Office of the Bureau of Land Management or located in the Pike and San Isabel National Forests, which comprise approximately 23,116 acres, as generally depicted on a map titled “Badger Creek Proposed Wilderness”, dated November 7, 2019, which shall be known as the Badger Creek Wilderness.
added
Certain lands managed by the Royal Gorge Field Office of the Bureau of Land Management or located in the Pike and San Isabel National Forests, which comprise approximately 35,251 acres, as generally depicted on a map titled “Beaver Creek Proposed Wilderness”, dated November 7, 2019, which shall be known as the Beaver Creek Wilderness.
added
Certain lands managed by the Royal Gorge Field Office of the Bureau of Land Management or the Bureau of Reclamation or located in the Pike and San Isabel National Forests, which comprise approximately 32,884 acres, as generally depicted on a map titled “Grape Creek Proposed Wilderness”, dated November 7, 2019, which shall be known as the Grape Creek Wilderness.
added
Certain lands managed by the Grand Junction Field Office of the Bureau of Land Management, which comprise approximately 13,351 acres, as generally depicted on a map titled “North & South Bangs Canyon Proposed Wilderness”, dated October 9, 2019, which shall be known as the North Bangs Canyon Wilderness.
added
Certain lands managed by the Grand Junction Field Office of the Bureau of Land Management, which comprise approximately 5,144 acres, as generally depicted on a map titled “North & South Bangs Canyon Proposed Wilderness”, dated October 9, 2019, which shall be known as the South Bangs Canyon Wilderness.
added
Certain lands managed by the Grand Junction Field Office of the Bureau of Land Management, which comprise approximately 26,624 acres, as generally depicted on a map titled “Unaweep & Palisade Proposed Wilderness”, dated October 9, 2019, which shall be known as The Palisade Wilderness.
added
Certain lands managed by the Grand Junction Field Office of the Bureau of Land Management or located in the Grand Mesa, Uncompaghre, and Gunnison National Forests, which comprise approximately 19,776 acres, as generally depicted on a map titled “Unaweep & Palisade Proposed Wilderness”, dated October 9, 2019, which shall be known as the Unaweep Wilderness.
added
Certain lands managed by the Grand Junction Field Office of the Bureau of Land Management and Uncompaghre Field Office of the Bureau of Land Management and in the Manti-LaSal National Forest, which comprise approximately 37,637 acres, as generally depicted on a map titled “Sewemup Mesa Proposed Wilderness”, dated November 7, 2019, which shall be known as the Sewemup Mesa Wilderness.
added
Certain lands managed by the Kremmling Field Office of the Bureau of Land Management, which comprise approximately 31 acres, as generally depicted on a map titled “Platte River Addition Proposed Wilderness”, dated July 20, 2018, and which are hereby incorporated in and shall be deemed to be part of the Platte River Wilderness designated by Public Law 98–550.
added
Certain lands managed by the Uncompahgre Field Office of the Bureau of Land Management, which comprise approximately 17,587 acres, as generally depicted on a map titled “Roubideau Proposed Wilderness”, dated October 9, 2019, which shall be known as the Roubideau Wilderness.
added
Certain lands managed by the Uncompahgre Field Office of the Bureau of Land Management or located in the Grand Mesa, Uncompaghre, and Gunnison National Forests, which comprise approximately 12,102 acres, as generally depicted on a map titled “Norwood Canyon Proposed Wilderness”, dated November 7, 2019, which shall be known as the Norwood Canyon Wilderness.
added
Certain lands managed by the Tres Rios Field Office of the Bureau of Land Management, which comprise approximately 24,475 acres, as generally depicted on a map titled “Papoose & Cross Canyon Proposed Wilderness”, and dated January 29, 2020, which shall be known as the Cross Canyon Wilderness.
added
Certain lands managed by the Tres Rios Field Office of the Bureau of Land Management, which comprise approximately 21,220 acres, as generally depicted on a map titled “McKenna Peak Proposed Wilderness”, dated October 16, 2019, which shall be known as the McKenna Peak Wilderness.
added
Certain lands managed by the Tres Rios Field Office of the Bureau of Land Management, which comprise approximately 14,270 acres, as generally depicted on a map titled “Weber-Menefee Mountain Proposed Wilderness”, dated October 9, 2019, which shall be known as the Weber-Menefee Mountain Wilderness.
added
Certain lands managed by the Uncompahgre and Tres Rios Field Offices of the Bureau of Land Management or the Bureau of Reclamation, which comprise approximately 33,351 acres, as generally depicted on a map titled “Dolores River Canyon Proposed Wilderness”, dated November 7, 2019, which shall be known as the Dolores River Canyon Wilderness.
added
Certain lands managed by the Royal Gorge Field Office of the Bureau of Land Management or located in the Pike and San Isabel National Forests, which comprise approximately 17,922 acres, as generally depicted on a map titled “Browns Canyon Proposed Wilderness”, dated October 9, 2019, which shall be known as the Browns Canyon Wilderness.
added
Certain lands managed by the San Luis Field Office of the Bureau of Land Management, which comprise approximately 10,527 acres, as generally depicted on a map titled “San Luis Hills Proposed Wilderness”, dated October 9, 2019 which shall be known as the San Luis Hills Wilderness.
added
Certain lands managed by the Royal Gorge Field Office of the Bureau of Land Management, which comprise approximately 23,559 acres, as generally depicted on a map titled “Table Mountain & McIntyre Hills Proposed Wilderness”, dated November 7, 2019, which shall be known as the Table Mountain Wilderness.
added
Certain lands managed by the Tres Rios Field Office of the Bureau of Land Management or located in the San Juan National Forest, which comprise approximately 10,844 acres, as generally depicted on a map titled “North & South Ponderosa Gorge Proposed Wilderness”, and dated January 31, 2020, which shall be known as the North Ponderosa Gorge Wilderness.
added
Certain lands managed by the Tres Rios Field Office of the Bureau of Land Management or located in the San Juan National Forest, which comprise approximately 12,393 acres, as generally depicted on a map titled “North & South Ponderosa Gorge Proposed Wilderness”, and dated January 31, 2020 which shall be known as the South Ponderosa Gorge Wilderness.
added
Certain lands managed by the Little Snake Field Office of the Bureau of Land Management which comprise approximately 33,168 acres, as generally depicted on a map titled “Diamond Breaks Proposed Wilderness”, and dated January 31, 2020 which shall be known as the Diamond Breaks Wilderness.
added
Certain lands managed by the Tres Rios Field Office of the Bureau of Land Management which comprises approximately 4,782 acres, as generally depicted on the map titled “Papoose & Cross Canyon Proposed Wilderness””, and dated January 29, 2020 which shall be known as the Papoose Canyon Wilderness.
added
West elk addition— Certain lands in the State of Colorado administered by the Gunnison Field Office of the Bureau of Land Management, the United States National Park Service, and the Bureau of Reclamation, which comprise approximately 6,695 acres, as generally depicted on a map titled “West Elk Addition Proposed Wilderness”, dated October 9, 2019, are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System and are hereby incorporated in and shall be deemed to be a part of the West Elk Wilderness designated by Public Law 88–577. The boundary adjacent to Blue Mesa Reservoir shall be 50 feet landward from the water’s edge, and shall change according to the water level.
added
Blue mesa reservoir— If the Bureau of Reclamation determines that lands within the West Elk Wilderness Addition are necessary for future expansion of the Blue Mesa Reservoir, the Secretary shall by publication of a revised boundary description in the Federal Register revise the boundary of the West Elk Wilderness Addition.
added
Maps and descriptions— As soon as practicable after the date of enactment of the Act, the Secretary shall file a map and a boundary description of each area designated as wilderness by this section with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. Each map and boundary description shall have the same force and effect as if included in this title, except that the Secretary may correct clerical and typographical errors in the map or boundary description. The maps and boundary descriptions shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, Department of the Interior, and in the Office of the Chief of the Forest Service, Department of Agriculture, as appropriate.
added
State and private lands— Lands within the exterior boundaries of any wilderness area designated under this section that are owned by a private entity or by the State of Colorado, including lands administered by the Colorado State Land Board, shall be included within such wilderness area if such lands are acquired by the United States. Such lands may be acquired by the United States only as provided in the Wilderness Act (16 U.S.C. 1131 et seq.).
Sec. 20103 Administrative provisions
added
added
In general— Subject to valid existing rights, lands designated as wilderness by this title shall be managed by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this title, except that, with respect to any wilderness areas designated by this title, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act.
added
Grazing— Grazing of livestock in wilderness areas designated by this title shall be administered in accordance with the provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), as further interpreted by section 108 of Public Law 96–560, and the guidelines set forth in appendix A of House Report 101–405 of the 101st Congress.
added
State jurisdiction— As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title shall be construed as affecting the jurisdiction or responsibilities of the State of Colorado with respect to wildlife and fish in Colorado.
added
Buffer zones—
added
In general— Nothing in this title creates a protective perimeter or buffer zone around any area designated as wilderness by this title.
added
Activities outside wilderness— The fact that an activity or use on land outside the areas designated as wilderness by this title can be seen or heard within the wilderness shall not preclude the activity or use outside the boundary of the wilderness.
added
Military helicopter overflights and operations—
added
In general— Nothing in this title restricts or precludes—
added
low-level overflights of military helicopters over the areas designated as wilderness by this title, including military overflights that can be seen or heard within any wilderness area;
added
military flight testing and evaluation;
added
the designation or creation of new units of special use airspace, or the establishment of military flight training routes over any wilderness area; or
added
helicopter operations at designated landing zones within the potential wilderness areas established by subsection (i)(1).
added
Aerial navigation training exercises— The Colorado Army National Guard, through the High-Altitude Army National Guard Aviation Training Site, may conduct aerial navigation training maneuver exercises over, and associated operations within, the potential wilderness areas designated by this title—
added
in a manner and degree consistent with the memorandum of understanding dated August 4, 1987, entered into among the Colorado Army National Guard, the Bureau of Land Management, and the Forest Service; or
added
in a manner consistent with any subsequent memorandum of understanding entered into among the Colorado Army National Guard, the Bureau of Land Management, and the Forest Service.
added
Running events— The Secretary may continue to authorize competitive running events currently permitted in the Redcloud Peak Wilderness Area and Handies Peak Wilderness Area in a manner compatible with the preservation of such areas as wilderness.
added
Land trades— If the Secretary trades privately owned land within the perimeter of the Redcloud Peak Wilderness Area or the Handies Peak Wilderness Area in exchange for Federal land, then such Federal land shall be located in Hinsdale County, Colorado.
added
Recreational climbing— Nothing in this title prohibits recreational rock climbing activities in the wilderness areas, such as the placement, use, and maintenance of fixed anchors, including any fixed anchor established before the date of the enactment of this Act—
added
in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.); and
added
subject to any terms and conditions determined to be necessary by the Secretary.
added
Potential wilderness designations—
added
In general— The following lands are designated as potential wilderness areas:
added
Certain lands managed by the Colorado River Valley Field Office of the Bureau of Land Management, which comprise approximately 7,376 acres, as generally depicted on a map titled “Pisgah East & West Proposed Wilderness” and dated October 16, 2019, which, upon designation as wilderness under paragraph (2), shall be known as the Pisgah East Wilderness.
added
Certain lands managed by the Colorado River Valley Field Office of the Bureau of Land Management, which comprise approximately 6,828 acres, as generally depicted on a map titled “Pisgah East & West Proposed Wilderness” and dated October 16, 2019, which, upon designation as wilderness under paragraph (2), shall be known as the Pisgah West Wilderness.
added
Certain lands managed by the Colorado River Valley Field Office of the Bureau of Land Management or located in the White River National Forest, which comprise approximately 16,101 acres, as generally depicted on a map titled “Flat Tops Proposed Wilderness Addition”, dated October 9, 2019, and which, upon designation as wilderness under paragraph (2), shall be incorporated in and shall be deemed to be a part of the Flat Tops Wilderness designated by Public Law 94–146.
added
Designation as wilderness— Lands designated as a potential wilderness area by subparagraphs (A) through (C) of paragraph (1) shall be designated as wilderness on the date on which the Secretary publishes in the Federal Register a notice that all nonconforming uses of those lands authorized by subsection (e) in the potential wilderness area that would be in violation of the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased. Such publication in the Federal Register and designation as wilderness shall occur for the potential wilderness area as the nonconforming uses cease in that potential wilderness area and designation as wilderness is not dependent on cessation of nonconforming uses in the other potential wilderness area.
added
Management— Except for activities provided for under subsection (e), lands designated as a potential wilderness area by paragraph (1) shall be managed by the Secretary in accordance with the Wilderness Act as wilderness pending the designation of such lands as wilderness under this subsection.
Sec. 20104 Water
added
added
Effect on water rights— Nothing in this title—
added
affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water;
added
affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States;
added
affects any interstate water compact in existence on the date of enactment of this Act;
added
authorizes or imposes any new reserved Federal water rights; and
added
shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State of Colorado on or before the date of the enactment of this Act.
added
Midstream areas—
added
Purpose— The purpose of this subsection is to protect for the benefit and enjoyment of present and future generations—
added
the unique and nationally important values of areas designated as wilderness by section 20102(b) (including the geological, cultural, archaeological, paleontological, natural, scientific, recreational, environmental, biological, wilderness, wildlife, riparian, historical, educational, and scenic resources of the public land); and
added
the water resources of area streams, based on seasonally available flows, that are necessary to support aquatic, riparian, and terrestrial species and communities.
added
Wilderness water rights—
added
In general— The Secretary shall ensure that any water rights within the wilderness designated by section 20102(b) required to fulfill the purposes of such wilderness are secured in accordance with subparagraphs (B) through (G).
added
State law—
added
Procedural requirements— Any water rights for which the Secretary pursues adjudication shall be appropriated, adjudicated, changed, and administered in accordance with the procedural requirements and priority system of State law.
added
Establishment of water rights—
added
In general— Except as provided in subclause (II), the purposes and other substantive characteristics of the water rights pursued under this paragraph shall be established in accordance with State law.
added
Exception— Notwithstanding subclause (I) and in accordance with this title, the Secretary may appropriate and seek adjudication of water rights to maintain surface water levels and stream flows on and across the wilderness designated by section 20102(b) to fulfill the purposes of such wilderness.
added
Deadline— The Secretary shall promptly, but not earlier than January 1, 2021, appropriate the water rights required to fulfill the purposes of the wilderness designated by section 20102(b).
added
Required determination— The Secretary shall not pursue adjudication for any instream flow water rights unless the Secretary makes a determination pursuant to subparagraph (E)(ii) or (F).
added
Cooperative enforcement—
added
In general— The Secretary shall not pursue adjudication of any Federal instream flow water rights established under this paragraph if—
added
the Secretary determines, upon adjudication of the water rights by the Colorado Water Conservation Board, that the Board holds water rights sufficient in priority, amount, and timing to fulfill the purposes of this subsection; and
added
the Secretary has entered into a perpetual agreement with the Colorado Water Conservation Board to ensure full exercise, protection, and enforcement of the State water rights within the wilderness to reliably fulfill the purposes of this subsection.
added
Adjudication— If the Secretary determines that the provisions of clause (i) have not been met, the Secretary shall adjudicate and exercise any Federal water rights required to fulfill the purposes of the wilderness in accordance with this paragraph.
added
Insufficient water rights— If the Colorado Water Conservation Board modifies the instream flow water rights obtained under subparagraph (E) to such a degree that the Secretary determines that water rights held by the State are insufficient to fulfill the purposes of this title, the Secretary shall adjudicate and exercise Federal water rights required to fulfill the purposes of this title in accordance with subparagraph (B).
added
Failure to comply— The Secretary shall promptly act to exercise and enforce the water rights described in subparagraph (E) if the Secretary determines that—
added
the State is not exercising its water rights consistent with subparagraph (E)(i)(I); or
added
the agreement described in subparagraph (E)(i)(II) is not fulfilled or complied with sufficiently to fulfill the purposes of this title.
added
Water resource facility— Notwithstanding any other provision of law, beginning on the date of enactment of this title, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for development of any new irrigation and pumping facility, reservoir, water conservation work, aqueduct, canal, ditch, pipeline, well, hydropower project, transmission, other ancillary facility, or other water, diversion, storage, or carriage structure in the wilderness designated by section 20102(b).
added
Access and operation—
added
Definition— As used in this subsection, the term water resource facility means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, transmission and other ancillary facilities, and other water diversion, storage, and carriage structures.
added
Access to water resource facilities— Subject to the provisions of this subsection, the Secretary shall allow reasonable access to water resource facilities in existence on the date of enactment of this Act within the areas described in sections 20102(b) and 20102(c), including motorized access where necessary and customarily employed on routes existing as of the date of enactment of this Act.
added
Access routes— Existing access routes within such areas customarily employed as of the date of enactment of this Act may be used, maintained, repaired, and replaced to the extent necessary to maintain their present function, design, and serviceable operation, so long as such activities have no increased adverse impacts on the resources and values of the areas described in sections 20102(b) and 20102(c) than existed as of the date of enactment of this Act.
added
Use of water resource facilities— Subject to the provisions of this subsection and subsection (a)(4), the Secretary shall allow water resource facilities existing on the date of enactment of this Act within areas described in sections 20102(b) and 20102(c) to be used, operated, maintained, repaired, and replaced to the extent necessary for the continued exercise, in accordance with Colorado State law, of vested water rights adjudicated for use in connection with such facilities by a court of competent jurisdiction prior to the date of enactment of this Act. The impact of an existing facility on the water resources and values of the area shall not be increased as a result of changes in the adjudicated type of use of such facility as of the date of enactment of this Act.
added
Repair and maintenance— Water resource facilities, and access routes serving such facilities, existing within the areas described in sections 20102(b) and 20102(c) on the date of enactment of this Act shall be maintained and repaired when and to the extent necessary to prevent increased adverse impacts on the resources and values of the areas described in sections 20102(b) and 20102(c).
Sec. 20105 Sense of Congress
addedadded It is the sense of Congress that military aviation training on Federal public lands in Colorado, including the training conducted at the High-Altitude Army National Guard Aviation Training Site, is critical to the national security of the United States and the readiness of the Armed Forces.
Sec. 20106 Department of defense study on impacts that the expansion of wilderness designations in the western united states would have on the readiness of the armed forces of the united states with respect to aviation training
added
added
Study required— The Secretary of Defense shall conduct a study on the impacts that the expansion of wilderness designations in the Western United States would have on the readiness of the Armed Forces of the United States with respect to aviation training.
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the study required under subsection (a).
Sec. 20201 Short title
addedadded This title may be cited as the “Northwest California Wilderness, Recreation, and Working Forests Act”.
Sec. 20202 Definitions
addedadded In this title:
added
Secretary— The term Secretary means—
added
with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and
added
with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.
added
State— The term State means the State of California.
Sec. 20211 South Fork Trinity-Mad River Restoration Area
added
added
Definitions— In this section:
added
Collaboratively developed— The term collaboratively developed means projects that are developed and implemented through a collaborative process that—
added
includes—
added
appropriate Federal, State, and local agencies; and
added
multiple interested persons representing diverse interests; and
added
is transparent and nonexclusive.
added
Plantation— The term plantation means a forested area that has been artificially established by planting or seeding.
added
Restoration— The term restoration means the process of assisting the recovery of an ecosystem that has been degraded, damaged, or destroyed by establishing the composition, structure, pattern, and ecological processes necessary to facilitate terrestrial and aquatic ecosystem sustainability, resilience, and health under current and future conditions.
added
Restoration area— The term restoration area means the South Fork Trinity-Mad River Restoration Area, established by subsection (b).
added
Shaded fuel break— The term shaded fuel break means a vegetation treatment that effectively addresses all project-generated slash and that retains: adequate canopy cover to suppress plant regrowth in the forest understory following treatment; the longest lived trees that provide the most shade over the longest period of time; the healthiest and most vigorous trees with the greatest potential for crown-growth in plantations and in natural stands adjacent to plantations; and all mature hardwoods, when practicable.
added
Stewardship contract— The term stewardship contract means an agreement or contract entered into under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c).
added
Wildland-urban interface— The term wildland-urban interface has the meaning given the term by section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
added
Establishment— Subject to valid existing rights, there is established the South Fork Trinity-Mad River Restoration Area, comprising approximately 729,089 acres of Federal land administered by the Forest Service and approximately 1,280 acres of Federal land administered by the Bureau of Land Management, as generally depicted on the map entitled “South Fork Trinity-Mad River Restoration Area—Proposed” and dated July 3, 2018, to be known as the South Fork Trinity-Mad River Restoration Area.
added
Purposes— The purposes of the restoration area are to—
added
establish, restore, and maintain fire-resilient forest structures containing late successional forest structure characterized by large trees and multistoried canopies, as ecologically appropriate;
added
protect late successional reserves;
added
enhance the restoration of Federal lands within the restoration area;
added
reduce the threat posed by wildfires to communities within the restoration area;
added
protect and restore aquatic habitat and anadromous fisheries;
added
protect the quality of water within the restoration area; and
added
allow visitors to enjoy the scenic, recreational, natural, cultural, and wildlife values of the restoration area.
added
Management—
added
In general— The Secretary shall manage the restoration area—
added
in a manner consistent with the purposes described in subsection (c);
added
in a manner that—
added
in the case of the Forest Service, prioritizes restoration of the restoration area over other nonemergency vegetation management projects on the portions of the Six Rivers and Shasta-Trinity National Forests in Humboldt and Trinity Counties; and
added
in the case of the United States Fish and Wildlife Service, establishes with the Forest Service an agreement for cooperation to ensure timely completion of consultation required by section 7 of the Endangered Species Act (15 U.S.C. 1536) on restoration projects within the restoration area and agreement to maintain and exchange information on planning schedules and priorities on a regular basis;
added
in accordance with—
added
the laws (including regulations) and rules applicable to the National Forest System for land managed by the Forest Service;
added
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) for land managed by the Bureau of Land Management;
added
this title; and
added
any other applicable law (including regulations); and
added
in a manner consistent with congressional intent that consultation for restoration projects within the restoration area is completed in a timely and efficient manner.
added
Conflict of laws—
added
In general— The establishment of the restoration area shall not change the management status of any land or water that is designated wilderness or as a wild and scenic river, including lands and waters designated by this title.
added
Resolution of conflict— If there is a conflict between the laws applicable to the areas described in subparagraph (A) and this section, the more restrictive provision shall control.
added
Uses—
added
In general— The Secretary shall only allow uses of the restoration area that the Secretary determines would further the purposes described in subsection (c).
added
Priority— The Secretary shall prioritize restoration activities within the restoration area.
added
Limitation— Nothing in this section shall limit the Secretary’s ability to plan, approve, or prioritize activities outside of the restoration area.
added
Wildland fire—
added
In general— Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the restoration area, consistent with the purposes of this section.
added
Priority— The Secretary may use prescribed burning and managed wildland fire to the fullest extent practicable to achieve the purposes of this section.
added
Road decommissioning—
added
In general— To the extent practicable, the Secretary shall decommission unneeded National Forest System roads identified for decommissioning and unauthorized roads identified for decommissioning within the restoration area—
added
subject to appropriations;
added
consistent with the analysis required by subparts A and B of part 212 of title 36, Code of Federal Regulations; and
added
in accordance with existing law.
added
Additional requirement— In making determinations regarding road decommissioning under subparagraph (A), the Secretary shall consult with—
added
appropriate State, Tribal, and local governmental entities; and
added
members of the public.
added
Definition— As used in subparagraph (A), the term decommission means—
added
to reestablish vegetation on a road; and
added
to restore any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road by removing or hydrologically disconnecting the road prism.
added
Vegetation management—
added
In general— Subject to subparagraphs (B), (C), and (D), the Secretary may conduct vegetation management projects in the restoration area only where necessary to—
added
maintain or restore the characteristics of ecosystem composition and structure;
added
reduce wildfire risk to communities by promoting forests that are fire resilient;
added
improve the habitat of threatened, endangered, or sensitive species;
added
protect or improve water quality; or
added
enhance the restoration of lands within the restoration area.
added
Additional requirements—
added
Shaded fuel breaks— In carrying out subparagraph (A), the Secretary shall prioritize, as practicable, the establishment of a network of shaded fuel breaks within—
added
the portions of the wildland-urban interface that are within 150 feet from private property contiguous to Federal land;
added
150 feet from any road that is open to motorized vehicles as of the date of enactment of this Act—
added
except that, where topography or other conditions require, the Secretary may establish shaded fuel breaks up to 275 feet from a road so long as the combined total width of the shaded fuel breaks for both sides of the road does not exceed 300 feet; and
added
provided that the Secretary shall include vegetation treatments within a minimum of 25 feet of the road where practicable, feasible, and appropriate as part of any shaded fuel break; or
added
150 feet of any plantation.
added
Plantations; riparian reserves— The Secretary may undertake vegetation management projects—
added
in areas within the restoration area in which fish and wildlife habitat is significantly compromised as a result of past management practices (including plantations); and
added
within designated riparian reserves only where necessary to maintain the integrity of fuel breaks and to enhance fire resilience.
added
Compliance— The Secretary shall carry out vegetation management projects within the restoration area—
added
in accordance with—
added
this section; and
added
existing law (including regulations);
added
after providing an opportunity for public comment; and
added
subject to appropriations.
added
Best available science— The Secretary shall use the best available science in planning and implementing vegetation management projects within the restoration area.
added
Grazing—
added
Existing grazing— The grazing of livestock in the restoration area, where established before the date of enactment of this Act, shall be permitted to continue—
added
subject to—
added
such reasonable regulations, policies, and practices as the Secretary considers necessary; and
added
applicable law (including regulations); and
added
in a manner consistent with the purposes described in subsection (c).
added
Targeted new grazing— The Secretary may issue annual targeted grazing permits for the grazing of livestock in the restoration area, where not established before the date of the enactment of this Act, to control noxious weeds, aid in the control of wildfire within the wildland-urban interface, or to provide other ecological benefits subject to—
added
such reasonable regulations, policies, and practices as the Secretary considers necessary; and
added
a manner consistent with the purposes described in subsection (c).
added
Best Available Science— The Secretary shall use the best available science when determining whether to issue targeted grazing permits within the restoration area.
added
Withdrawal— Subject to valid existing rights, the restoration area is withdrawn from—
added
all forms of entry, appropriation, and disposal under the public land laws;
added
location, entry, and patent under the mining laws; and
added
disposition under all laws relating to mineral and geothermal leasing or mineral materials.
added
Use of stewardship contracts— To the maximum extent practicable, the Secretary shall—
added
use stewardship contracts to implement this section; and
added
use revenue derived from such stewardship contracts for restoration and other activities within the restoration area which shall include staff and administrative costs to support timely consultation activities for restoration projects.
added
Collaboration— In developing and implementing restoration projects in the restoration area, the Secretary shall consult with collaborative groups with an interest in the restoration area.
added
Environmental review— A collaboratively developed restoration project within the restoration area may be carried out in accordance with the provisions for hazardous fuel reduction projects set forth in sections 214, 215, and 216 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514–6516), as applicable.
added
Multiparty monitoring— The Secretary of Agriculture shall—
added
in collaboration with the Secretary of the Interior and interested persons, use a multiparty monitoring, evaluation, and accountability process to assess the positive or negative ecological, social, and economic effects of restoration projects within the restoration area; and
added
incorporate the monitoring results into the management of the restoration area.
added
Funding— The Secretary shall use all existing authorities to secure as much funding as necessary to fulfill the purposes of the restoration area.
added
Forest residues utilization—
added
In general— In accordance with applicable law, including regulations, and this section, the Secretary may utilize forest residues from restoration projects, including shaded fuel breaks, in the restoration area for research and development of biobased products that result in net carbon sequestration.
added
Partnerships— In carrying out paragraph (1), the Secretary may enter into partnerships with universities, nongovernmental organizations, industry, Tribes, and Federal, State, and local governmental agencies.
Sec. 20212 Redwood National and State Parks restoration
added
added
Partnership agreements— The Secretary of the Interior is authorized to undertake initiatives to restore degraded redwood forest ecosystems in Redwood National and State Parks in partnership with the State of California, local agencies, and nongovernmental organizations.
added
Compliance— In carrying out any initiative authorized by subsection (a), the Secretary of the Interior shall comply with all applicable law.
Sec. 20213 California Public Lands Remediation Partnership
added
added
Definitions— In this section:
added
Partnership— The term partnership means the California Public Lands Remediation Partnership, established by subsection (b).
added
Priority lands— The term priority lands means Federal land within the State that is determined by the partnership to be a high priority for remediation.
added
Remediation— The term remediation means to facilitate the recovery of lands and waters that have been degraded, damaged, or destroyed by illegal marijuana cultivation or another illegal activity. Remediation includes but is not limited to removal of trash, debris, and other material, and establishing the composition, structure, pattern, and ecological processes necessary to facilitate terrestrial and aquatic ecosystem sustainability, resilience, and health under current and future conditions.
added
Establishment— There is hereby established a California Public Lands Remediation Partnership.
added
Purposes— The purposes of the partnership are to—
added
coordinate the activities of Federal, State, Tribal, and local authorities, and the private sector, in the remediation of priority lands in the State affected by illegal marijuana cultivation or other illegal activities; and
added
use the resources and expertise of each agency, authority, or entity in implementing remediation activities on priority lands in the State.
added
Membership— The members of the partnership shall include the following:
added
The Secretary of Agriculture, or a designee of the Secretary of Agriculture to represent the Forest Service.
added
The Secretary of the Interior, or a designee of the Secretary of the Interior, to represent the United States Fish and Wildlife Service, Bureau of Land Management, and National Park Service.
added
The Director of the Office of National Drug Control Policy, or a designee of the Director.
added
The Secretary of the State Natural Resources Agency, or a designee of the Secretary, to represent the California Department of Fish and Wildlife.
added
A designee of the California State Water Resources Control Board.
added
A designee of the California State Sheriffs’ Association.
added
One member to represent federally recognized Indian Tribes, to be appointed by the Secretary of Agriculture.
added
One member to represent nongovernmental organizations with an interest in Federal land remediation, to be appointed by the Secretary of Agriculture.
added
One member to represent local governmental interests, to be appointed by the Secretary of Agriculture.
added
A law enforcement official from each of the following:
added
The Department of the Interior.
added
The Department of Agriculture.
added
A scientist to provide expertise and advise on methods needed for remediation efforts, to be appointed by the Secretary of Agriculture.
added
A designee of the National Guard Counter Drug Program.
added
Duties— To further the purposes of this section, the partnership shall—
added
identify priority lands for remediation in the State;
added
secure resources from Federal and non-Federal sources to apply to remediation of priority lands in the State;
added
support efforts by Federal, State, Tribal, and local agencies, and nongovernmental organizations in carrying out remediation of priority lands in the State;
added
support research and education on the impacts of, and solutions to, illegal marijuana cultivation and other illegal activities on priority lands in the State;
added
involve other Federal, State, Tribal, and local agencies, nongovernmental organizations, and the public in remediation efforts, to the extent practicable; and
added
take any other administrative or advisory actions as necessary to address remediation of priority lands in the State.
added
Authorities— To implement this section, the partnership may, subject to the prior approval of the Secretary of Agriculture—
added
make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons;
added
enter into cooperative agreements with, or provide grants or technical assistance to, the State, political subdivisions of the State, nonprofit organizations, Federal agencies, and other interested parties;
added
hire and compensate staff;
added
obtain funds or services from any source, including Federal and non-Federal funds, and funds and services provided under any other Federal law or program;
added
contract for goods or services; and
added
support activities of partners and any other activities that further the purposes of this section.
added
Procedures— The partnership shall establish such rules and procedures as it deems necessary or desirable.
added
Local hiring— The partnership shall, to the maximum extent practicable and in accordance with existing law, give preference to local entities and persons when carrying out this section.
added
Service without compensation— Members of the partnership shall serve without pay.
added
Duties and authorities of the secretary of agriculture—
added
In general— The Secretary of Agriculture shall convene the partnership on a regular basis to carry out this section.
added
Technical and financial assistance— The Secretary of Agriculture and Secretary of the Interior may provide technical and financial assistance, on a reimbursable or nonreimbursable basis, as determined by the appropriate Secretary, to the partnership or any members of the partnership to carry out this title.
added
Cooperative agreements— The Secretary of Agriculture and Secretary of the Interior may enter into cooperative agreements with the partnership, any members of the partnership, or other public or private entities to provide technical, financial, or other assistance to carry out this title.
Sec. 20214 Trinity Lake visitor center
added
added
In general— The Secretary of Agriculture, acting through the Chief of the Forest Service, may establish, in cooperation with any other public or private entities that the Secretary may determine to be appropriate, a visitor center in Weaverville, California—
added
to serve visitors; and
added
to assist in fulfilling the purposes of the Whiskeytown-Shasta-Trinity National Recreation Area.
added
Requirements— The Secretary shall ensure that the visitor center authorized under subsection (a) is designed to interpret the scenic, biological, natural, historical, scientific, paleontological, recreational, ecological, wilderness, and cultural resources of the Whiskeytown-Shasta-Trinity National Recreation Area and other nearby Federal lands.
added
Cooperative agreements— The Secretary of Agriculture may, in a manner consistent with this title, enter into cooperative agreements with the State and any other appropriate institutions and organizations to carry out the purposes of this section.
Sec. 20215 Del Norte County visitor center
added
added
In general— The Secretary of Agriculture and Secretary of the Interior, acting jointly or separately, may establish, in cooperation with any other public or private entities that the Secretaries determine to be appropriate, a visitor center in Del Norte County, California—
added
to serve visitors; and
added
to assist in fulfilling the purposes of Redwood National and State Parks, the Smith River National Recreation Area, and other nearby Federal lands.
added
Requirements— The Secretaries shall ensure that the visitor center authorized under subsection (a) is designed to interpret the scenic, biological, natural, historical, scientific, paleontological, recreational, ecological, wilderness, and cultural resources of Redwood National and State Parks, the Smith River National Recreation Area, and other nearby Federal lands.
Sec. 20216 Management plans
added
added
In general— In revising the land and resource management plan for the Shasta-Trinity, Six Rivers, Klamath, and Mendocino National Forests, the Secretary shall—
added
consider the purposes of the South Fork Trinity-Mad River Restoration Area established by section 20211; and
added
include or update the fire management plan for the wilderness areas and wilderness additions established by this title.
added
Requirement— In carrying out the revisions required by subsection (a), the Secretary shall—
added
develop spatial fire management plans in accordance with—
added
the Guidance for Implementation of Federal Wildland Fire Management Policy dated February 13, 2009, including any amendments to that guidance; and
added
other appropriate policies;
added
ensure that a fire management plan—
added
considers how prescribed or managed fire can be used to achieve ecological management objectives of wilderness and other natural or primitive areas; and
added
in the case of a wilderness area expanded by section 20231, provides consistent direction regarding fire management to the entire wilderness area, including the addition;
added
consult with—
added
appropriate State, Tribal, and local governmental entities; and
added
members of the public; and
added
comply with applicable laws (including regulations).
Sec. 20217 Study; partnerships related to overnight accommodations
added
added
Study— The Secretary of the Interior, in consultation with interested Federal, State, Tribal, and local entities, and private and nonprofit organizations, shall conduct a study to evaluate the feasibility and suitability of establishing overnight accommodations near Redwood National and State Parks on—
added
Federal land at the northern boundary or on land within 20 miles of the northern boundary; and
added
Federal land at the southern boundary or on land within 20 miles of the southern boundary.
added
Partnerships—
added
Agreements authorized— If the study conducted under subsection (a) determines that establishing the described accommodations is suitable and feasible, the Secretary may enter into agreements with qualified private and nonprofit organizations for the development, operation, and maintenance of overnight accommodations.
added
Contents— Any agreements entered into under paragraph (1) shall clearly define the role and responsibility of the Secretary and the private or nonprofit organization.
added
Compliance— The Secretary shall enter agreements under paragraph (1) in accordance with existing law.
added
Effect— Nothing in this subsection—
added
reduces or diminishes the authority of the Secretary to manage land and resources under the jurisdiction of the Secretary; or
added
amends or modifies the application of any existing law (including regulations) applicable to land under the jurisdiction of the Secretary.
Sec. 20221 Horse Mountain Special Management Area
added
added
Establishment— Subject to valid existing rights, there is established the Horse Mountain Special Management Area (referred to in this section as the “special management area”) comprising approximately 7,399 acres of Federal land administered by the Forest Service in Humboldt County, California, as generally depicted on the map entitled “Horse Mountain Special Management Area—Proposed” and dated April 13, 2017.
added
Purposes— The purpose of the special management area is to enhance the recreational and scenic values of the special management area while conserving the plants, wildlife, and other natural resource values of the area.
added
Management plan—
added
In general— Not later than 3 years after the date of enactment of this Act and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long-term management of the special management area.
added
Consultation— In developing the management plan required under paragraph (1), the Secretary shall consult with—
added
appropriate State, Tribal, and local governmental entities; and
added
members of the public.
added
Additional requirement— The management plan required under paragraph (1) shall ensure that recreational use within the special management area does not cause significant adverse impacts on the plants and wildlife of the special management area.
added
Management—
added
In general— The Secretary shall manage the special management area—
added
in furtherance of the purposes described in subsection (b); and
added
in accordance with—
added
the laws (including regulations) generally applicable to the National Forest System;
added
this section; and
added
any other applicable law (including regulations).
added
Recreation— The Secretary shall continue to authorize, maintain, and enhance the recreational use of the special management area, including hunting, fishing, camping, hiking, hang gliding, sightseeing, nature study, horseback riding, rafting, mountain biking, and motorized recreation on authorized routes, and other recreational activities, so long as such recreational use is consistent with the purposes of the special management area, this section, other applicable law (including regulations), and applicable management plans.
added
Motorized vehicles—
added
In general— Except as provided in subparagraph (B), the use of motorized vehicles in the special management area shall be permitted only on roads and trails designated for the use of motorized vehicles.
added
Use of snowmobiles— The winter use of snowmobiles shall be allowed in the special management area—
added
during periods of adequate snow coverage during the winter season; and
added
subject to any terms and conditions determined to be necessary by the Secretary.
added
New trails—
added
In general— The Secretary may construct new trails for motorized or nonmotorized recreation within the special management area in accordance with—
added
the laws (including regulations) generally applicable to the National Forest System;
added
this section; and
added
any other applicable law (including regulations).
added
Priority— In establishing new trails within the special management area, the Secretary shall—
added
prioritize the establishment of loops that provide high-quality, diverse recreational experiences; and
added
consult with members of the public.
added
Withdrawal— Subject to valid existing rights, the special management area is withdrawn from—
added
all forms of appropriation or disposal under the public land laws;
added
location, entry, and patent under the mining laws; and
added
disposition under laws relating to mineral and geothermal leasing.
Sec. 20222 Bigfoot National Recreation Trail
added
added
Feasibility study—
added
In general— Not later than 3 years after the date of the enactment of this Act, the Secretary of Agriculture, in cooperation with the Secretary of the Interior, shall submit to the Committee on Natural Resources of the House of Representatives and Committee on Energy and Natural Resources of the Senate a study that describes the feasibility of establishing a nonmotorized Bigfoot National Recreation Trail that follows the route described in paragraph (2).
added
Route— The trail described in paragraph (1) shall extend from the Ides Cove Trailhead in the Mendocino National Forest to Crescent City, California, by roughly following the route as generally depicted on the map entitled “Bigfoot National Recreation Trail—Proposed” and dated July 25, 2018.
added
Additional requirement— In completing the study required by subsection (a), the Secretary of Agriculture shall consult with—
added
appropriate Federal, State, Tribal, regional, and local agencies;
added
private landowners;
added
nongovernmental organizations; and
added
members of the public.
added
Designation—
added
In general— Upon a determination that the Bigfoot National Recreation Trail is feasible and meets the requirements for a National Recreation Trail in section 1243 of title 16, United States Code, the Secretary of Agriculture shall designate the Bigfoot National Recreation Trail in accordance with—
added
the National Trails System Act (Public Law 90–543);
added
this title; and
added
other applicable law (including regulations).
added
Administration— Upon designation by the Secretary of Agriculture, the Bigfoot National Recreation Trail (referred to in this section as the “trail”) shall be administered by the Secretary of Agriculture, in consultation with—
added
other Federal, State, Tribal, regional, and local agencies;
added
private landowners; and
added
other interested organizations.
added
Private property rights—
added
In general— No portions of the trail may be located on non-Federal land without the written consent of the landowner.
added
Prohibition— The Secretary of Agriculture shall not acquire for the trail any land or interest in land outside the exterior boundary of any federally managed area without the consent of the owner of the land or interest in the land.
added
Effect— Nothing in this section—
added
requires any private property owner to allow public access (including Federal, State, or local government access) to private property; or
added
modifies any provision of Federal, State, or local law with respect to public access to or use of private land.
added
Cooperative agreements— In carrying out this section, the Secretary of Agriculture may enter into cooperative agreements with State, Tribal, and local government entities and private entities to complete needed trail construction, reconstruction, realignment, maintenance, or education projects related to the Bigfoot National Recreation Trail.
added
Map—
added
Map required— Upon designation of the Bigfoot National Recreation Trail, the Secretary of Agriculture shall prepare a map of the trail.
added
Public availability— The map referred to in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
Sec. 20223 Elk Camp Ridge Recreation Trail
added
added
Designation—
added
In general— In accordance with paragraph (2), the Secretary of Agriculture after an opportunity for public comment, shall designate a trail (which may include a system of trails)—
added
for use by off-highway vehicles or mountain bicycles, or both; and
added
to be known as the Elk Camp Ridge Recreation Trail.
added
Requirements— In designating the Elk Camp Ridge Recreation Trail (referred to in this section as the “trail”), the Secretary shall only include trails that are—
added
as of the date of enactment of this Act, authorized for use by off-highway vehicles or mountain bikes, or both; and
added
located on land that is managed by the Forest Service in Del Norte County.
added
Map— A map that depicts the trail shall be on file and available for public inspection in the appropriate offices of the Forest Service.
added
Management—
added
In general— The Secretary shall manage the trail—
added
in accordance with applicable laws (including regulations);
added
to ensure the safety of citizens who use the trail; and
added
in a manner by which to minimize any damage to sensitive habitat or cultural resources.
added
Monitoring; evaluation— To minimize the impacts of the use of the trail on environmental and cultural resources, the Secretary shall annually assess the effects of the use of off-highway vehicles and mountain bicycles on—
added
the trail;
added
land located in proximity to the trail; and
added
plants, wildlife, and wildlife habitat.
added
Closure— The Secretary, in consultation with the State and Del Norte County, and subject to paragraph (4), may temporarily close or permanently reroute a portion of the trail if the Secretary determines that—
added
the trail is having an adverse impact on—
added
wildlife habitats;
added
natural resources;
added
cultural resources; or
added
traditional uses;
added
the trail threatens public safety; or
added
closure of the trail is necessary—
added
to repair damage to the trail; or
added
to repair resource damage.
added
Rerouting— Any portion of the trail that is temporarily closed by the Secretary under paragraph (3) may be permanently rerouted along any road or trail—
added
that is—
added
in existence as of the date of the closure of the portion of the trail;
added
located on public land; and
added
open to motorized or mechanized use; and
added
if the Secretary determines that rerouting the portion of the trail would not significantly increase or decrease the length of the trail.
added
Notice of available routes— The Secretary shall ensure that visitors to the trail have access to adequate notice relating to the availability of trail routes through—
added
the placement of appropriate signage along the trail; and
added
the distribution of maps, safety education materials, and other information that the Secretary concerned determines to be appropriate.
added
Effect— Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land).
Sec. 20224 Trinity Lake Trail
added
added
Trail construction—
added
Feasibility study— Not later than 18 months after the date of enactment of this Act, the Secretary shall study the feasibility and public interest of constructing a recreational trail for nonmotorized uses around Trinity Lake.
added
Construction—
added
Construction authorized— Subject to appropriations, and in accordance with paragraph (3), if the Secretary determines under paragraph (1) that the construction of the trail described in such paragraph is feasible and in the public interest, the Secretary may provide for the construction of the trail.
added
Use of volunteer services and contributions— The trail may be constructed under this section through the acceptance of volunteer services and contributions from non-Federal sources to reduce or eliminate the need for Federal expenditures to construct the trail.
added
Compliance— In carrying out this section, the Secretary shall comply with—
added
the laws (including regulations) generally applicable to the National Forest System; and
added
this title.
added
Effect— Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land).
Sec. 20225 Trails study
added
added
In general— Not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture, in accordance with subsection (b) and in consultation with interested parties, shall conduct a study to improve motorized and nonmotorized recreation trail opportunities (including mountain bicycling) on land not designated as wilderness within the portions of the Six Rivers, Shasta-Trinity, and Mendocino National Forests located in Del Norte, Humboldt, Trinity, and Mendocino Counties.
added
Consultation— In carrying out the study required by subsection (a), the Secretary of Agriculture shall consult with the Secretary of the Interior regarding opportunities to improve, through increased coordination, recreation trail opportunities on land under the jurisdiction of the Secretary of the Interior that shares a boundary with the national forest land described in subsection (a).
Sec. 20226 Construction of mountain bicycling routes
added
added
Trail construction—
added
Feasibility study— Not later than 18 months after the date of enactment of this Act, the Secretary of Agriculture shall study the feasibility and public interest of constructing recreational trails for mountain bicycling and other nonmotorized uses on the routes as generally depicted in the report entitled “Trail Study for Smith River National Recreation Area Six Rivers National Forest” and dated 2016.
added
Construction—
added
Construction authorized— Subject to appropriations, and in accordance with paragraph (3), if the Secretary determines under paragraph (1) that the construction of one or more routes described in such paragraph is feasible and in the public interest, the Secretary may provide for the construction of the routes.
added
Modifications— The Secretary may modify the routes as necessary in the opinion of the Secretary.
added
Use of volunteer services and contributions— Routes may be constructed under this section through the acceptance of volunteer services and contributions from non-Federal sources to reduce or eliminate the need for Federal expenditures to construct the route.
added
Compliance— In carrying out this section, the Secretary shall comply with—
added
the laws (including regulations) generally applicable to the National Forest System; and
added
this title.
added
Effect— Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land).
Sec. 20227 Partnerships
added
added
Agreements authorized— The Secretary is authorized to enter into agreements with qualified private and nonprofit organizations to undertake the following activities on Federal lands in Mendocino, Humboldt, Trinity, and Del Norte Counties—
added
trail and campground maintenance;
added
public education, visitor contacts, and outreach; and
added
visitor center staffing.
added
Contents— Any agreements entered into under subsection (a) shall clearly define the role and responsibility of the Secretary and the private or nonprofit organization.
added
Compliance— The Secretary shall enter into agreements under subsection (a) in accordance with existing law.
added
Effect— Nothing in this section—
added
reduces or diminishes the authority of the Secretary to manage land and resources under the jurisdiction of the Secretary; or
added
amends or modifies the application of any existing law (including regulations) applicable to land under the jurisdiction of the Secretary.
Sec. 20231 Designation of wilderness
added
added
In general— In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System:
added
Black butte river wilderness— Certain Federal land managed by the Forest Service in the State, comprising approximately 11,117 acres, as generally depicted on the map entitled “Black Butte River Wilderness—Proposed” and dated April 13, 2017, which shall be known as the Black Butte River Wilderness.
added
Chanchelulla wilderness additions— Certain Federal land managed by the Forest Service in the State, comprising approximately 6,212 acres, as generally depicted on the map entitled “Chanchelulla Wilderness Additions—Proposed” and dated July 16, 2018, which is incorporated in, and considered to be a part of, the Chanchelulla Wilderness, as designated by section 101(a)(4) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 1619).
added
Chinquapin wilderness— Certain Federal land managed by the Forest Service in the State, comprising approximately 27,258 acres, as generally depicted on the map entitled “Chinquapin Wilderness—Proposed” and dated January 15, 2020, which shall be known as the Chinquapin Wilderness.
added
Elkhorn ridge wilderness addition— Certain Federal land managed by the Bureau of Land Management in the State, comprising approximately 37 acres, as generally depicted on the map entitled “Proposed Elkhorn Ridge Wilderness Additions” and dated October 24, 2019, which is incorporated in, and considered to be a part of, the Elkhorn Ridge Wilderness, as designated by section 6(d) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2070).
added
English ridge wilderness— Certain Federal land managed by the Bureau of Land Management in the State, comprising approximately 6,204 acres, as generally depicted on the map entitled “English Ridge Wilderness—Proposed” and dated March 29, 2019, which shall be known as the English Ridge Wilderness.
added
Headwaters forest wilderness— Certain Federal land managed by the Bureau of Land Management in the State, comprising approximately 4,360 acres, as generally depicted on the map entitled “Headwaters Forest Wilderness—Proposed” and dated October 15, 2019, which shall be known as the Headwaters Forest Wilderness.
added
Mad river buttes wilderness— Certain Federal land managed by the Forest Service in the State, comprising approximately 6,002 acres, as generally depicted on the map entitled “Mad River Buttes Wilderness—Proposed” and dated July 25, 2018, which shall be known as the Mad River Buttes Wilderness.
added
Mount lassic wilderness addition— Certain Federal land managed by the Forest Service in the State, comprising approximately 1,292 acres, as generally depicted on the map entitled “Mount Lassic Wilderness Additions—Proposed” and dated February 23, 2017, which is incorporated in, and considered to be a part of, the Mount Lassic Wilderness, as designated by section 3(6) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2065).
added
North fork eel wilderness addition— Certain Federal land managed by the Forest Service and the Bureau of Land Management in the State, comprising approximately 16,274 acres, as generally depicted on the map entitled “North Fork Wilderness Additions” and dated January 15, 2020, which is incorporated in, and considered to be a part of, the North Fork Eel Wilderness, as designated by section 101(a)(19) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 1621).
added
Pattison wilderness— Certain Federal land managed by the Forest Service in the State, comprising approximately 28,595 acres, as generally depicted on the map entitled “Pattison Wilderness—Proposed” and dated July 16, 2018, which shall be known as the Pattison Wilderness.
added
Sanhedrin wilderness addition— Certain Federal land managed by the Forest Service in the State, comprising approximately 112 acres, as generally depicted on the map entitled “Sanhedrin Wilderness Addition—Proposed” and dated March 29, 2019, which is incorporated in, and considered to be a part of, the Sanhedrin Wilderness, as designated by section 3(2) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2065).
added
Siskiyou wilderness addition— Certain Federal land managed by the Forest Service in the State, comprising approximately 27,747 acres, as generally depicted on the map entitled “Siskiyou Wilderness Additions and Potential Wildernesses—Proposed” and dated July 24, 2018, which is incorporated in, and considered to be a part of, the Siskiyou Wilderness, as designated by section 101(a)(30) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 1623) (as amended by section 3(5) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2065)).
added
South fork eel river wilderness addition— Certain Federal land managed by the Bureau of Land Management in the State, comprising approximately 603 acres, as generally depicted on the map entitled “South Fork Eel River Wilderness Additions—Proposed” and dated October 24, 2019, which is incorporated in, and considered to be a part of, the South Fork Eel River Wilderness, as designated by section 3(10) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2066).
added
South fork trinity river wilderness— Certain Federal land managed by the Forest Service in the State, comprising approximately 26,446 acres, as generally depicted on the map entitled “South Fork Trinity River Wilderness and Potential Wildernesses—Proposed” and dated March 11, 2019, which shall be known as the South Fork Trinity River Wilderness.
added
Trinity alps wilderness addition— Certain Federal land managed by the Forest Service in the State, comprising approximately 60,826 acres, as generally depicted on the maps entitled “Trinity Alps Proposed Wilderness Additions EAST” and “Trinity Alps Proposed Wilderness Additions WEST” and dated January 15, 2020, which is incorporated in, and considered to be a part of, the Trinity Alps Wilderness, as designated by section 101(a)(34) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 1623) (as amended by section 3(7) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2065)).
added
Underwood wilderness— Certain Federal land managed by the Forest Service in the State, comprising approximately 15,069 acres, as generally depicted on the map entitled “Underwood Wilderness—Proposed” and dated January 15, 2020, which shall be known as the Underwood Wilderness.
added
Yolla bolly-middle eel wilderness additions— Certain Federal land managed by the Forest Service and the Bureau of Land Management in the State, comprising approximately 10,729 acres, as generally depicted on the map entitled “Yolla Bolly Middle Eel Wilderness Additions and Potential Wildernesses—Proposed” and dated June 7, 2018, which is incorporated in, and considered to be a part of, the Yolla Bolly-Middle Eel Wilderness, as designated by section 3 of the Wilderness Act (16 U.S.C. 1132) (as amended by section 3(4) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2065)).
added
Yuki wilderness addition— Certain Federal land managed by the Forest Service and the Bureau of Land Management in the State, comprising approximately 11,076 acres, as generally depicted on the map entitled “Yuki Wilderness Additions—Proposed” and dated January 15, 2020, which is incorporated in, and considered to be a part of, the Yuki Wilderness, as designated by section 3(3) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2065).
added
Redesignation of north fork wilderness as north fork eel river wilderness— Section 101(a)(19) of Public Law 98–425 (16 U.S.C. 1132 note; 98 Stat. 1621) is amended by striking “North Fork Wilderness” and inserting “North Fork Eel River Wilderness”. Any reference in a law, map, regulation, document, paper, or other record of the United States to the North Fork Wilderness shall be deemed to be a reference to the North Fork Eel River Wilderness.
added
Elkhorn ridge wilderness adjustments— The boundary of the Elkhorn Ridge Wilderness established by section 6(d) of Public Law 109–362 (16 U.S.C. 1132 note) is adjusted by deleting approximately 30 acres of Federal land as generally depicted on the map entitled “Proposed Elkhorn Ridge Wilderness Additions” and dated October 24, 2019.
Sec. 20232 Administration of wilderness
added
added
In general— Subject to valid existing rights, the wilderness areas and wilderness additions established by section 20231 shall be administered by the Secretary in accordance with this subtitle and the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
added
any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and
added
any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.
added
Fire management and related activities—
added
In general— The Secretary may take such measures in a wilderness area or wilderness addition designated by section 20231 as are necessary for the control of fire, insects, and diseases in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98–40 of the 98th Congress.
added
Funding priorities— Nothing in this subtitle limits funding for fire and fuels management in the wilderness areas or wilderness additions designated by this title.
added
Administration— Consistent with paragraph (1) and other applicable Federal law, to ensure a timely and efficient response to fire emergencies in the wilderness additions designated by this subtitle, the Secretary of Agriculture shall—
added
not later than 1 year after the date of enactment of this Act, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies; and
added
enter into agreements with appropriate State or local firefighting agencies.
added
Grazing— The grazing of livestock in the wilderness areas and wilderness additions designated by this title, if established before the date of enactment of this Act, shall be administered in accordance with—
added
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
added
added
for lands under the jurisdiction of the Secretary of Agriculture, the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617); or
added
for lands under the jurisdiction of the Secretary of the Interior, the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405).
added
Fish and wildlife—
added
In general— In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects the jurisdiction or responsibilities of the State with respect to fish and wildlife on public land in the State.
added
Management activities— In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activities that are necessary to maintain or restore fish, wildlife, and plant populations and habitats in the wilderness areas or wilderness additions designated by section 20231, if the management activities are—
added
consistent with relevant wilderness management plans; and
added
conducted in accordance with—
added
the Wilderness Act (16 U.S.C. 1131 et seq.); and
added
appropriate policies, such as the policies established in Appendix B of House Report 101–405.
added
Buffer zones—
added
In general— Congress does not intend for designation of wilderness or wilderness additions by this title to lead to the creation of protective perimeters or buffer zones around each wilderness area or wilderness addition.
added
Activities or uses up to boundaries— The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area.
added
Military activities— Nothing in this subtitle precludes—
added
low-level overflights of military aircraft over the wilderness areas or wilderness additions designated by section 20231;
added
the designation of new units of special airspace over the wilderness areas or wilderness additions designated by section 20231; or
added
the use or establishment of military flight training routes over the wilderness areas or wilderness additions designated by section 20231.
added
Horses— Nothing in this subtitle precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, an area designated as a wilderness area or wilderness addition by section 20231—
added
in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)); and
added
subject to any terms and conditions determined to be necessary by the Secretary.
added
Withdrawal— Subject to valid existing rights, the wilderness areas and wilderness additions designated by section 20231 are withdrawn from—
added
all forms of entry, appropriation, and disposal under the public land laws;
added
location, entry, and patent under the mining laws; and
added
operation of the mineral materials and geothermal leasing laws.
added
Use by members of indian tribes—
added
Access— In recognition of the past use of wilderness areas and wilderness additions designated by this title by members of Indian Tribes for traditional cultural and religious purposes, the Secretary shall ensure that Indian Tribes have access to the wilderness areas and wilderness additions designated by section 20231 for traditional cultural and religious purposes.
added
Temporary closures—
added
In general— In carrying out this section, the Secretary, on request of an Indian Tribe, may temporarily close to the general public one or more specific portions of a wilderness area or wilderness addition to protect the privacy of the members of the Indian Tribe in the conduct of the traditional cultural and religious activities in the wilderness area or wilderness addition.
added
Requirement— Any closure under subparagraph (A) shall be made in such a manner as to affect the smallest practicable area for the minimum period of time necessary for the activity to be carried out.
added
Applicable law— Access to the wilderness areas and wilderness additions under this subsection shall be in accordance with—
added
Public Law 95–341 (commonly known as the American Indian Religious Freedom Act) (42 U.S.C. 1996 et seq.); and
added
the Wilderness Act (16 U.S.C. 1131 et seq.).
added
Incorporation of acquired land and interests— Any land within the boundary of a wilderness area or wilderness addition designated by section 20231 that is acquired by the United States shall—
added
become part of the wilderness area in which the land is located;
added
be withdrawn in accordance with subsection (h); and
added
be managed in accordance with this section, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law.
added
Climatological data collection— In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the wilderness areas and wilderness additions designated by section 20231 if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities.
added
Authorized events— The Secretary may continue to authorize the competitive equestrian event permitted since 2012 in the Chinquapin Wilderness established by section 20231 in a manner compatible with the preservation of the area as wilderness.
added
Recreational climbing— Nothing in this title prohibits recreational rock climbing activities in the wilderness areas, such as the placement, use, and maintenance of fixed anchors, including any fixed anchor established before the date of the enactment of this Act—
added
in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.); and
added
subject to any terms and conditions determined to be necessary by the Secretary.
Sec. 20233 Designation of potential wilderness
added
added
Designation— In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as potential wilderness areas:
added
Certain Federal land managed by the Forest Service, comprising approximately 3,797 acres, as generally depicted on the map entitled “Chinquapin Proposed Potential Wilderness” and dated January 15, 2020.
added
Certain Federal land administered by the National Park Service, compromising approximately 31,000 acres, as generally depicted on the map entitled “Redwood National Park—Potential Wilderness” and dated October 9, 2019.
added
Certain Federal land managed by the Forest Service, comprising approximately 8,961 acres, as generally depicted on the map entitled “Siskiyou Wilderness Additions and Potential Wildernesses—Proposed” and dated July 24, 2018.
added
Certain Federal land managed by the Forest Service, comprising approximately 405 acres, as generally depicted on the map entitled “South Fork Trinity River Wilderness and Potential Wildernesses—Proposed” and dated March 11, 2019.
added
Certain Federal land managed by the Forest Service, comprising approximately 1,256 acres, as generally depicted on the map entitled “Trinity Alps Proposed Potential Wilderness” and dated January 15, 2020.
added
Certain Federal land managed by the Forest Service, comprising approximately 4,282 acres, as generally depicted on the map entitled “Yolla Bolly Middle Eel Wilderness Additions and Potential Wildernesses—Proposed” and dated June 7, 2018.
added
Certain Federal land managed by the Forest Service, comprising approximately 2,909 acres, as generally depicted on the map entitled “Yuki Proposed Potential Wilderness” and dated January 15, 2020.
added
Management— Except as provided in subsection (c) and subject to valid existing rights, the Secretary shall manage the potential wilderness areas designated by subsection (a) (referred to in this section as “potential wilderness areas”) as wilderness until the potential wilderness areas are designated as wilderness under subsection (d).
added
Ecological restoration—
added
In general— For purposes of ecological restoration (including the elimination of nonnative species, removal of illegal, unused, or decommissioned roads, repair of skid tracks, and any other activities necessary to restore the natural ecosystems in a potential wilderness area and consistent with paragraph (2)), the Secretary may use motorized equipment and mechanized transport in a potential wilderness area until the potential wilderness area is designated as wilderness under subsection (d).
added
Limitation— To the maximum extent practicable, the Secretary shall use the minimum tool or administrative practice necessary to accomplish ecological restoration with the least amount of adverse impact on wilderness character and resources.
added
Eventual wilderness designation— The potential wilderness areas shall be designated as wilderness and as a component of the National Wilderness Preservation System on the earlier of—
added
the date on which the Secretary publishes in the Federal Register notice that the conditions in a potential wilderness area that are incompatible with the Wilderness Act (16 U.S.C. 1131 et seq.) have been removed; or
added
the date that is 10 years after the date of enactment of this Act for potential wilderness areas located on lands managed by the Forest Service.
added
Administration as wilderness—
added
In general— On its designation as wilderness under subsection (d), a potential wilderness area shall be administered in accordance with section 20232 and the Wilderness Act (16 U.S.C. 1131 et seq.).
added
Designation— On its designation as wilderness under subsection (d)—
added
the land described in subsection (a)(1) shall be incorporated in, and considered to be a part of, the Chinquapin Wilderness established by section 20231(a)(3);
added
the land described in subsection (a)(3) shall be incorporated in, and considered to be a part of, the Siskiyou Wilderness as designated by section 231(a)(30) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 1623) (as amended by section 3(5) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2065) and expanded by section 20231(a)(12));
added
the land described in subsection (a)(4) shall be incorporated in, and considered to be a part of, the South Fork Trinity River Wilderness established by section 20231(a)(14);
added
the land described in subsection (a)(5) shall be incorporated in, and considered to be a part of, the Trinity Alps Wilderness as designated by section 101(a)(34) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 1623) (as amended by section 3(7) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2065) and expanded by section 20231(a)(15));
added
the land described in subsection (a)(6) shall be incorporated in, and considered to be a part of, the Yolla Bolly-Middle Eel Wilderness as designated by section 3 of the Wilderness Act (16 U.S.C. 1132) (as amended by section 3(4) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2065) and expanded by section 20231(a)(17)); and
added
the land described in subsection (a)(7) shall be incorporated in, and considered to be a part of, the Yuki Wilderness as designated by section 3(3) of Public Law 109–362 (16 U.S.C. 1132 note; 120 Stat. 2065) and expanded by section 20231(a)(18).
added
Report— Within 3 years after the date of enactment of this Act, and every 3 years thereafter until the date upon which the potential wilderness is designated wilderness under subsection (d), the Secretary shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the status of ecological restoration within the potential wilderness area and the progress toward the potential wilderness area’s eventual wilderness designation under subsection (d).
Sec. 20234 Designation of wild and scenic rivers
addedadded Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:
added “(231) South fork trinity river—The following segments from the source tributaries in the Yolla Bolly-Middle Eel Wilderness, to be administered by the Secretary of Agriculture:
added “(A) The 18.3-mile segment from its multiple source springs in the Cedar Basin of the Yolla Bolly-Middle Eel Wilderness in section 15, T. 27 N., R. 10 W. to .25 miles upstream of the Wild Mad Road, as a wild river.
added “(B) The .65-mile segment from .25 miles upstream of Wild Mad Road to the confluence with the unnamed tributary approximately .4 miles downstream of the Wild Mad Road in section 29, T. 28 N., R. 11 W., as a scenic river.
added “(C) The 9.8-mile segment from .75 miles downstream of Wild Mad Road to Silver Creek, as a wild river.
added “(D) The 5.4-mile segment from Silver Creek confluence to Farley Creek, as a scenic river.
added “(E) The 3.6-mile segment from Farley Creek to Cave Creek, as a recreational river.
added “(F) The 5.6-mile segment from Cave Creek to the confluence of the unnamed creek upstream of Hidden Valley Ranch in section 5, T. 15, R. 7 E., as a wild river.
added “(G) The 2.5-mile segment from unnamed creek confluence upstream of Hidden Valley Ranch to the confluence with the unnamed creek flowing west from Bear Wallow Mountain in section 29, T. 1 N., R. 7 E., as a scenic river.
added “(H) The 3.8-mile segment from the unnamed creek confluence in section 29, T. 1 N., R. 7 E. to Plummer Creek, as a wild river.
added “(I) The 1.8-mile segment from Plummer Creek to the confluence with the unnamed tributary north of McClellan Place in section 6, T. 1 N., R. 7 E., as a scenic river.
added “(J) The 5.4-mile segment from the unnamed tributary confluence in section 6, T. 1 N., R. 7 E. to Hitchcock Creek, as a wild river.
added “(K) The 7-mile segment from Eltapom Creek to the Grouse Creek, as a scenic river.
added “(L) The 5-mile segment from Grouse Creek to Coon Creek, as a wild river.
added “(232) East fork south fork trinity river—The following segments to be administered by the Secretary of Agriculture:
added “(A) The 8.4-mile segment from its source in the Pettijohn Basin in the Yolla Bolly-Middle Eel Wilderness in section 10, T. 3 S., R. 10 W. to .25 miles upstream of the Wild Mad Road, as a wild river.
added “(B) The 3.4-mile segment from .25 miles upstream of the Wild Mad Road to the South Fork Trinity River, as a recreational river.
added “(233) Rattlesnake creek—The 5.9-mile segment from the confluence with the unnamed tributary in the southeast corner of section 5, T. 1 S., R. 12 W. to the South Fork Trinity River, to be administered by the Secretary of Agriculture as a recreational river.
added “(234) Butter creek—The 7-mile segment from .25 miles downstream of the Road 3N08 crossing to the South Fork Trinity River, to be administered by the Secretary of Agriculture as a scenic river.
added “(235) Hayfork creek—The following segments to be administered by the Secretary of Agriculture:
added “(A) The 3.2-mile segment from Little Creek to Bear Creek, as a recreational river.
added “(B) The 13.2-mile segment from Bear Creek to the northern boundary of section 19, T. 3 N., R. 7 E., as a scenic river.
added “(236) Olsen creek—The 2.8-mile segment from the confluence of its source tributaries in section 5, T. 3 N., R. 7 E. to the northern boundary of section 24, T. 3 N., R. 6 E., to be administered by the Secretary of the Interior as a scenic river.
added “(237) Rusch creek—The 3.2-mile segment from .25 miles downstream of the 32N11 Road crossing to Hayfork Creek, to be administered by the Secretary of Agriculture as a recreational river.
added “(238) Eltapom creek—The 3.4-mile segment from Buckhorn Creek to the South Fork Trinity River, to be administered by the Secretary of Agriculture as a wild river.
added “(239) Grouse creek—The following segments to be administered by the Secretary of Agriculture:
added “(A) The 3.9-mile segment from Carson Creek to Cow Creek, as a scenic river.
added “(B) The 7.4-mile segment from Cow Creek to the South Fork Trinity River, as a recreational river.
added “(240) Madden creek—The following segments to be administered by the Secretary of Agriculture:
added “(A) The 6.8-mile segment from the confluence of Madden Creek and its unnamed tributary in section 18, T. 5 N., R. 5 E. to Fourmile Creek, as a wild river.
added “(B) The 1.6-mile segment from Fourmile Creek to the South Fork Trinity River, as a recreational river.
added “(241) Canyon creek—The following segments to be administered by the Secretary of Agriculture and the Secretary of the Interior:
added “(A) The 6.6-mile segment from the outlet of lower Canyon Creek Lake to Bear Creek upstream of Ripstein, as a wild river.
added “(B) The 11.2-mile segment from Bear Creek upstream of Ripstein to the southern boundary of section 25, T. 34 N., R. 11 W., as a recreational river.
added “(242) North fork trinity river—The following segments to be administered by the Secretary of Agriculture:
added “(A) The 12-mile segment from the confluence of source tributaries in section 24, T. 8 N., R. 12 W. to the Trinity Alps Wilderness boundary upstream of Hobo Gulch, as a wild river.
added “(B) The .5-mile segment from where the river leaves the Trinity Alps Wilderness to where it fully reenters the Trinity Alps Wilderness downstream of Hobo Gulch, as a scenic river.
added “(C) The 13.9-mile segment from where the river fully reenters the Trinity Alps Wilderness downstream of Hobo Gulch to the Trinity Alps Wilderness boundary upstream of the County Road 421 crossing, as a wild river.
added “(D) The 1.3-mile segment from the Trinity Alps Wilderness boundary upstream of the County Road 421 crossing to the Trinity River, as a recreational river.
added “(243) East fork north fork trinity river—The following segments to be administered by the Secretary of Agriculture:
added “(A) The 9.5-mile segment from the river’s source north of Mt. Hilton in section 19, T. 36 N., R. 10 W. to the end of Road 35N20 approximately .5 miles downstream of the confluence with the East Branch East Fork North Fork Trinity River, as a wild river.
added “(B) The 3.25-mile segment from the end of Road 35N20 to .25 miles upstream of Coleridge, as a scenic river.
added “(C) The 4.6-mile segment from .25 miles upstream of Coleridge to the confluence of Fox Gulch, as a recreational river.
added “(244) New river—The following segments to be administered by the Secretary of Agriculture:
added “(A) The 12.7-mile segment of Virgin Creek from its source spring in section 22, T. 9 N., R. 7 E. to Slide Creek, as a wild river.
added “(B) The 2.3-mile segment of the New River where it begins at the confluence of Virgin and Slide Creeks to Barron Creek, as a wild river.
added “(245) Middle eel river—The following segment, to be administered by the Secretary of Agriculture:
added “(A) The 37.7-mile segment from its source in Frying Pan Meadow to Rose Creek, as a wild river.
added “(B) The 1.5-mile segment from Rose Creek to the Black Butte River, as a recreational river.
added “(C) The 10.5-mile segment of Balm of Gilead Creek from its source in Hopkins Hollow to the Middle Eel River, as a wild river.
added “(D) The 13-mile segment of the North Fork Middle Fork Eel River from the source on Dead Puppy Ridge in section 11, T. 26 N., R. 11 W. to the confluence of the Middle Eel River, as a wild river.
added “(246) North Fork Eel River, CA—The 14.3-mile segment from the confluence with Gilman Creek to the Six Rivers National Forest boundary, to be administered by the Secretary of Agriculture as a wild river.
added “(247) Red Mountain Creek, CA—The following segments to be administered by the Secretary of Agriculture:
added “(A) The 5.25-mile segment from its source west of Mike’s Rock in section 23, T. 26 N., R. 12 E. to the confluence with Littlefield Creek, as a wild river.
added “(B) The 1.6-mile segment from the confluence with Littlefield Creek to the confluence with the unnamed tributary in section 32, T. 26 N., R. 8 E., as a scenic river.
added “(C) The 1.25-mile segment from the confluence with the unnamed tributary in section 32, T. 4 S., R. 8 E. to the confluence with the North Fork Eel River, as a wild river.
added “(248) Redwood creek—The following segments to be administered by the Secretary of the Interior:
added “(A) The 6.2-mile segment from the confluence with Lacks Creek to the confluence with Coyote Creek as a scenic river on publication by the Secretary of a notice in the Federal Register that sufficient inholdings within the boundaries of the segments have been acquired in fee title to establish a manageable addition to the system.
added “(B) The 19.1-mile segment from the confluence with Coyote Creek in section 2, T. 8 N., R. 2 E. to the Redwood National Park boundary upstream of Orick in section 34, T. 11 N., R. 1 E. as a scenic river.
added “(C) The 2.3-mile segment of Emerald Creek (also known as Harry Weir Creek) from its source in section 29, T. 10 N., R. 2 E. to the confluence with Redwood Creek as a scenic river.
added “(249) Lacks creek—The following segments to be administered by the Secretary of the Interior:
added “(A) The 5.1-mile segment from the confluence with two unnamed tributaries in section 14, T. 7 N., R. 3 E. to Kings Crossing in section 27, T. 8 N., R. 3 E. as a wild river.
added “(B) The 2.7-mile segment from Kings Crossing to the confluence with Redwood Creek as a scenic river upon publication by the Secretary of a notice in the Federal Register that sufficient inholdings within the segment have been acquired in fee title or as scenic easements to establish a manageable addition to the system.
added “(250) Lost man creek—The following segments to be administered by the Secretary of the Interior:
added “(A) The 6.4-mile segment of Lost Man Creek from its source in section 5, T. 10 N., R. 2 E. to .25 miles upstream of the Prairie Creek confluence, as a recreational river.
added “(B) The 2.3-mile segment of Larry Damm Creek from its source in section 8, T. 11 N., R. 2 E. to the confluence with Lost Man Creek, as a recreational river.
added “(251) Little lost man creek—The 3.6-mile segment of Little Lost Man Creek from its source in section 6, T. 10 N., R. 2 E. to .25 miles upstream of the Lost Man Creek road crossing, to be administered by the Secretary of the Interior as a wild river.
added “(252) South fork elk river—The following segments to be administered by the Secretary of the Interior through a cooperative management agreement with the State of California:
added “(A) The 3.6-mile segment of the Little South Fork Elk River from the source in section 21, T. 3 N., R. 1 E. to the confluence with the South Fork Elk River, as a wild river.
added “(B) The 2.2-mile segment of the unnamed tributary of the Little South Fork Elk River from its source in section 15, T. 3 N., R. 1 E. to the confluence with the Little South Fork Elk River, as a wild river.
added “(C) The 3.6-mile segment of the South Fork Elk River from the confluence of the Little South Fork Elk River to the confluence with Tom Gulch, as a recreational river.
added “(253) Salmon creek—The 4.6-mile segment from its source in section 27, T. 3 N., R. 1 E. to the Headwaters Forest Reserve boundary in section 18, T. 3 N., R. 1 E. to be administered by the Secretary of the Interior as a wild river through a cooperative management agreement with the State of California.
added “(254) South fork eel river—The following segments to be administered by the Secretary of the Interior:
added “(A) The 6.2-mile segment from the confluence with Jack of Hearts Creek to the southern boundary of the South Fork Eel Wilderness in section 8, T. 22 N., R. 16 W., as a recreational river to be administered by the Secretary through a cooperative management agreement with the State of California.
added “(B) The 6.1-mile segment from the southern boundary of the South Fork Eel Wilderness to the northern boundary of the South Fork Eel Wilderness in section 29, T. 23 N., R. 16 W., as a wild river.
added “(255) Elder creek—The following segments to be administered by the Secretary of the Interior through a cooperative management agreement with the State of California:
added “(A) The 3.6-mile segment from its source north of Signal Peak in section 6, T. 21 N., R. 15 W. to the confluence with the unnamed tributary near the center of section 28, T. 22 N., R. 16 W., as a wild river.
added “(B) The 1.3-mile segment from the confluence with the unnamed tributary near the center of section 28, T. 22 N., R. 15 W. to the confluence with the South Fork Eel River, as a recreational river.
added “(C) The 2.1-mile segment of Paralyze Canyon from its source south of Signal Peak in section 7, T. 21 N., R. 15 W. to the confluence with Elder Creek, as a wild river.
added “(256) Cedar creek—The following segments to be administered as a wild river by the Secretary of the Interior:
added “(A) The 7.7-mile segment from its source in section 22, T. 24 N., R. 16 W. to the southern boundary of the Red Mountain unit of the South Fork Eel Wilderness.
added “(B) The 1.9-mile segment of North Fork Cedar Creek from its source in section 28, T. 24 N., R. 16 E. to the confluence with Cedar Creek.
added “(257) East branch south fork eel river—The following segments to be administered by the Secretary of the Interior as a scenic river on publication by the Secretary of a notice in the Federal Register that sufficient inholdings within the boundaries of the segments have been acquired in fee title or as scenic easements to establish a manageable addition to the system:
added “(A) The 2.3-mile segment of Cruso Cabin Creek from the confluence of two unnamed tributaries in section 18, T. 24 N., R. 15 W. to the confluence with Elkhorn Creek.
added “(B) The 1.8-mile segment of Elkhorn Creek from the confluence of two unnamed tributaries in section 22, T. 24 N., R. 16 W. to the confluence with Cruso Cabin Creek.
added “(C) The 14.2-mile segment of the East Branch South Fork Eel River from the confluence of Cruso Cabin and Elkhorn Creeks to the confluence with Rays Creek.
added “(D) The 1.7-mile segment of the unnamed tributary from its source on the north flank of Red Mountain’s north ridge in section 2, T. 24 N., R. 17 W. to the confluence with the East Branch South Fork Eel River.
added “(E) The 1.3-mile segment of the unnamed tributary from its source on the north flank of Red Mountain’s north ridge in section 1, T. 24 N., R. 17 W. to the confluence with the East Branch South Fork Eel River.
added “(F) The 1.8-mile segment of Tom Long Creek from the confluence with the unnamed tributary in section 12, T. 5 S., R. 4 E. to the confluence with the East Branch South Fork Eel River.
added “(258) Mattole river estuary—The 1.5-mile segment from the confluence of Stansberry Creek to the Pacific Ocean, to be administered as a recreational river by the Secretary of the Interior.
added “(259) Honeydew creek—The following segments to be administered as a wild river by the Secretary of the Interior:
added “(A) The 5.1-mile segment of Honeydew Creek from its source in the southwest corner of section 25, T. 3 S., R. 1 W. to the eastern boundary of the King Range National Conservation Area in section 18, T. 3 S., R. 1 E.
added “(B) The 2.8-mile segment of West Fork Honeydew Creek from its source west of North Slide Peak to the confluence with Honeydew Creek.
added “(C) The 2.7-mile segment of Upper East Fork Honeydew Creek from its source in section 23, T. 3 S., R. 1 W. to the confluence with Honeydew Creek.
added “(260) Bear creek—The following segments to be administered by the Secretary of the Interior:
added “(A) The 1.9-mile segment of North Fork Bear Creek from the confluence with the unnamed tributary immediately downstream of the Horse Mountain Road crossing to the confluence with the South Fork, as a scenic river.
added “(B) The 6.1-mile segment of South Fork Bear Creek from the confluence in section 2, T. 5 S., R. 1 W. with the unnamed tributary flowing from the southwest flank of Queen Peak to the confluence with the North Fork, as a scenic river.
added “(C) The 3-mile segment of Bear Creek from the confluence of the North and South Forks to the southern boundary of section 11, T. 4 S., R. 1 E., as a wild river.
added “(261) Gitchell creek—The 3-mile segment of Gitchell Creek from its source near Saddle Mountain to the Pacific Ocean to be administered by the Secretary of the Interior as a wild river.
added “(262) Big flat creek—The following segments to be administered by the Secretary of the Interior as a wild river:
added “(A) The 4-mile segment of Big Flat Creek from its source near King Peak in section 36, T. 3 S., R. 1 W. to the Pacific Ocean.
added “(B) The .8-mile segment of the unnamed tributary from its source in section 35, T. 3 S., R. 1 W. to the confluence with Big Flat Creek.
added “(C) The 2.7-mile segment of North Fork Big Flat Creek from the source in section 34, T. 3 S., R. 1 W. to the confluence with Big Flat Creek.
added “(263) Big creek—The following segments to be administered by the Secretary of the Interior as wild rivers:
added “(A) The 2.7-mile segment of Big Creek from its source in section 26, T. 3 S., R. 1 W. to the Pacific Ocean.
added “(B) The 1.9-mile unnamed southern tributary from its source in section 25, T. 3 S., R. 1 W. to the confluence with Big Creek.
added “(264) Elk creek—The 11.4-mile segment from its confluence with Lookout Creek to its confluence with Deep Hole Creek, to be jointly administered by the Secretaries of Agriculture and the Interior, as a wild river.
added “(265) Eden creek—The 2.7-mile segment from the private property boundary in the northwest quarter of section 27, T. 21 N., R. 12 W. to the eastern boundary of section 23, T. 21 N., R. 12 W., to be administered by the Secretary of the Interior as a wild river.
added “(266) Deep hole creek—The 4.3-mile segment from the private property boundary in the southwest quarter of section 13, T. 20 N., R. 12 W. to the confluence with Elk Creek, to be administered by the Secretary of the Interior as a wild river.
added “(267) Indian creek—The 3.3-mile segment from 300 feet downstream of the jeep trail in section 13, T. 20 N., R. 13 W. to the confluence with the Eel River, to be administered by the Secretary of the Interior as a wild river.
added “(268) Fish creek—The 4.2-mile segment from the source at Buckhorn Spring to the confluence with the Eel River, to be administered by the Secretary of the Interior as a wild river.”
Sec. 20235 Sanhedrin Special Conservation Management Area
added
added
Establishment— Subject to valid existing rights, there is established the Sanhedrin Special Conservation Management Area (referred to in this section as the “conservation management area”), comprising approximately 14,177 acres of Federal land administered by the Forest Service in Mendocino County, California, as generally depicted on the map entitled “Sanhedrin Special Conservation Management Area—Proposed” and dated April 12, 2017.
added
Purposes— The purposes of the conservation management area are to—
added
conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, roadless, cultural, historical, natural, educational, and scientific resources of the conservation management area;
added
protect and restore late-successional forest structure, oak woodlands and grasslands, aquatic habitat, and anadromous fisheries within the conservation management area;
added
protect and restore the wilderness character of the conservation management area; and
added
allow visitors to enjoy the scenic, natural, cultural, and wildlife values of the conservation management area.
added
Management—
added
In general— The Secretary shall manage the conservation management area—
added
in a manner consistent with the purposes described in subsection (b); and
added
in accordance with—
added
the laws (including regulations) generally applicable to the National Forest System;
added
this section; and
added
any other applicable law (including regulations).
added
Uses— The Secretary shall only allow uses of the conservation management area that the Secretary determines would further the purposes described in subsection (b).
added
Motorized vehicles—
added
In general— Except as provided in paragraph (3), the use of motorized vehicles in the conservation management area shall be permitted only on existing roads, trails, and areas designated for use by such vehicles as of the date of enactment of this Act.
added
New or temporary roads— Except as provided in paragraph (3), no new or temporary roads shall be constructed within the conservation management area.
added
Exception— Nothing in paragraph (1) or (2) prevents the Secretary from—
added
rerouting or closing an existing road or trail to protect natural resources from degradation, or to protect public safety, as determined to be appropriate by the Secretary;
added
designating routes of travel on lands acquired by the Secretary and incorporated into the conservation management area if the designations are—
added
consistent with the purposes described in subsection (b); and
added
completed, to the maximum extent practicable, within 3 years of the date of acquisition;
added
constructing a temporary road on which motorized vehicles are permitted as part of a vegetation management project carried out in accordance with subsection (e);
added
authorizing the use of motorized vehicles for administrative purposes; or
added
responding to an emergency.
added
Decommissioning of temporary roads—
added
Requirement— The Secretary shall decommission any temporary road constructed under paragraph (3)(C) not later than 3 years after the date on which the applicable vegetation management project is completed.
added
Definition— As used in subparagraph (A), the term decommission means—
added
to reestablish vegetation on a road; and
added
to restore any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road by removing or hydrologically disconnecting the road prism.
added
Timber harvest—
added
In general— Except as provided in paragraph (2), no harvesting of timber shall be allowed within the conservation management area.
added
Exceptions— The Secretary may authorize harvesting of timber in the conservation management area—
added
if the Secretary determines that the harvesting is necessary to further the purposes of the conservation management area;
added
in a manner consistent with the purposes described in subsection (b); and
added
subject to—
added
such reasonable regulations, policies, and practices as the Secretary determines appropriate; and
added
all applicable laws (including regulations).
added
Grazing— The grazing of livestock in the conservation management area, where established before the date of enactment of this Act, shall be permitted to continue—
added
subject to—
added
such reasonable regulations, policies, and practices as the Secretary considers necessary; and
added
applicable law (including regulations); and
added
in a manner consistent with the purposes described in subsection (b).
added
Wildfire, insect, and disease management— Consistent with this section, the Secretary may take any measures within the conservation management area that the Secretary determines to be necessary to control fire, insects, and diseases, including the coordination of those activities with a State or local agency.
added
Acquisition and incorporation of land and interests in land—
added
Acquisition authority— In accordance with applicable laws (including regulations), the Secretary may acquire any land or interest in land within or adjacent to the boundaries of the conservation management area by purchase from willing sellers, donation, or exchange.
added
Incorporation— Any land or interest in land acquired by the Secretary under paragraph (1) shall be—
added
incorporated into, and administered as part of, the conservation management area; and
added
withdrawn in accordance with subsection (i).
added
Withdrawal— Subject to valid existing rights, all Federal land located in the conservation management area is withdrawn from—
added
all forms of entry, appropriation, and disposal under the public land laws;
added
location, entry, and patenting under the mining laws; and
added
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Sec. 20241 Maps and legal descriptions
added
added
In general— As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of the—
added
wilderness areas and wilderness additions designated by section 20231;
added
potential wilderness areas designated by section 20233;
added
South Fork Trinity-Mad River Restoration Area;
added
Horse Mountain Special Management Area; and
added
Sanhedrin Special Conservation Management Area.
added
Submission of maps and legal descriptions— The Secretary shall file the maps and legal descriptions prepared under subsection (a) with—
added
the Committee on Natural Resources of the House of Representatives; and
added
the Committee on Energy and Natural Resources of the Senate.
added
Force of law— The maps and legal descriptions prepared under subsection (a) shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical and typographical errors in the maps and legal descriptions.
added
Public availability— The maps and legal descriptions prepared under subsection (a) shall be on file and available for public inspection in the appropriate offices of the Forest Service, Bureau of Land Management, and National Park Service.
Sec. 20242 Updates to land and resource management plans
addedadded As soon as practicable, in accordance with applicable laws (including regulations), the Secretary shall incorporate the designations and studies required by this title into updated management plans for units covered by this title.
Sec. 20243 Pacific Gas and Electric Company Utility facilities and rights-of-way
added
added
Effect of Act— Nothing in this title—
added
affects any validly issued right-of-way for the customary operation, maintenance, upgrade, repair, relocation within an existing right-of-way, replacement, or other authorized activity (including the use of any mechanized vehicle, helicopter, and other aerial device) in a right-of-way acquired by or issued, granted, or permitted to Pacific Gas and Electric Company (including any predecessor or successor in interest or assign) that is located on land included in the South Fork Trinity—Mad River Restoration Area, Bigfoot National Recreation Trail, Sanhedrin Special Conservation Management Area, and Horse Mountain Special Management Area; or
added
prohibits the upgrading or replacement of any—
added
utility facilities of the Pacific Gas and Electric Company, including those utility facilities known on the date of enactment of this Act within the—
added
South Fork Trinity—Mad River Restoration Area known as—
added
Gas Transmission Line 177A or rights-of-way;
added
Gas Transmission Line DFM 1312–02 or rights-of-way;
added
Electric Transmission Line Bridgeville—Cottonwood 115 kV or rights-of-way;
added
Electric Transmission Line Humboldt—Trinity 60 kV or rights-of-way;
added
Electric Transmission Line Humboldt—Trinity 115 kV or rights-of-way;
added
Electric Transmission Line Maple Creek—Hoopa 60 kV or rights-of-way;
added
Electric Distribution Line—Willow Creek 1101 12 kV or rights-of-way;
added
Electric Distribution Line—Willow Creek 1103 12 kV or rights-of-way;
added
Electric Distribution Line—Low Gap 1101 12 kV or rights-of-way;
added
Electric Distribution Line—Fort Seward 1121 12 kV or rights-of-way;
added
Forest Glen Border District Regulator Station or rights-of-way;
added
Durret District Gas Regulator Station or rights-of-way;
added
Gas Distribution Line 4269C or rights-of-way;
added
Gas Distribution Line 43991 or rights-of-way;
added
Gas Distribution Line 4993D or rights-of-way;
added
Sportsmans Club District Gas Regulator Station or rights-of-way;
added
Highway 36 and Zenia District Gas Regulator Station or rights-of-way;
added
Dinsmore Lodge 2nd Stage Gas Regulator Station or rights-of-way;
added
Electric Distribution Line—Wildwood 1101 12kV or rights-of-way;
added
Low Gap Substation;
added
Hyampom Switching Station; or
added
Wildwood Substation;
added
Bigfoot National Recreation Trail known as—
added
Gas Transmission Line 177A or rights-of-way;
added
Electric Transmission Line Humboldt—Trinity 115 kV or rights-of-way;
added
Electric Transmission Line Bridgeville—Cottonwood 115 kV or rights-of-way; or
added
Electric Transmission Line Humboldt—Trinity 60 kV or rights-of-way;
added
Sanhedrin Special Conservation Management Area known as, Electric Distribution Line—Willits 1103 12 kV or rights-of-way; or
added
Horse Mountain Special Management Area known as, Electric Distribution Line Willow Creek 1101 12 kV or rights-of-way; or
added
utility facilities of the Pacific Gas and Electric Company in rights-of-way issued, granted, or permitted by the Secretary adjacent to a utility facility referred to in paragraph (1).
added
Plans for access— Not later than 1 year after the date of enactment of this subtitle or the issuance of a new utility facility right-of-way within the South Fork Trinity—Mad River Restoration Area, Bigfoot National Recreation Trail, Sanhedrin Special Conservation Management Area, and Horse Mountain Special Management Area, whichever is later, the Secretary, in consultation with the Pacific Gas and Electric Company, shall publish plans for regular and emergency access by the Pacific Gas and Electric Company to the rights-of-way of the Pacific Gas and Electric Company.
Sec. 20301 Short title
addedadded This title may be cited as the “Central Coast Heritage Protection Act”.
Sec. 20302 Definitions
addedadded In this title:
added
Scenic areas— The term scenic area means a scenic area designated by section 20308(a).
added
Secretary— The term Secretary means—
added
with respect to land managed by the Bureau of Land Management, the Secretary of the Interior; and
added
with respect to land managed by the Forest Service, the Secretary of Agriculture.
added
State— The term State means the State of California.
added
Wilderness area— The term wilderness area means a wilderness area or wilderness addition designated by section 20303(a).
Sec. 20303 Designation of wilderness
added
added
In general— In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System:
added
Certain land in the Bakersfield Field Office of the Bureau of Land Management comprising approximately 35,116 acres, as generally depicted on the map entitled “Proposed Caliente Mountain Wilderness” and dated November 13, 2019, which shall be known as the “Caliente Mountain Wilderness”.
added
Certain land in the Bakersfield Field Office of the Bureau of Land Management comprising approximately 13,332 acres, as generally depicted on the map entitled “Proposed Soda Lake Wilderness” and dated June 25, 2019, which shall be known as the “Soda Lake Wilderness”.
added
Certain land in the Bakersfield Field Office of the Bureau of Land Management comprising approximately 12,585 acres, as generally depicted on the map entitled “Proposed Temblor Range Wilderness” and dated June 25, 2019, which shall be known as the “Temblor Range Wilderness”.
added
Certain land in the Los Padres National Forest comprising approximately 23,670 acres, as generally depicted on the map entitled “Chumash Wilderness Area Additions—Proposed” and dated March 29, 2019, which shall be incorporated into and managed as part of the Chumash Wilderness as designated by the Los Padres Condor Range and River Protection Act (Public Law 102–301; 106 Stat. 242).
added
Certain land in the Los Padres National Forest comprising approximately 54,036 acres, as generally depicted on the maps entitled “Dick Smith Wilderness Area Additions—Proposed Map 1 of 2 (Bear Canyon and Cuyama Peak Units)” and “Dick Smith Wilderness Area Additions—Proposed Map 2 of 2 (Buckhorn and Mono Units)” and dated November 14, 2019, which shall be incorporated into and managed as part of the Dick Smith Wilderness as designated by the California Wilderness Act of 1984 (Public Law 98–425; 16 U.S.C. 1132 note).
added
Certain land in the Los Padres National Forest and the Bakersfield Field Office of the Bureau of Land Management comprising approximately 7,289 acres, as generally depicted on the map entitled “Garcia Wilderness Area Additions—Proposed” and dated March 29, 2019, which shall be incorporated into and managed as part of the Garcia Wilderness as designated by the Los Padres Condor Range and River Protection Act (Public Law 102–301; 106 Stat. 242).
added
Certain land in the Los Padres National Forest and the Bakersfield Field Office of the Bureau of Land Management comprising approximately 8,774 acres, as generally depicted on the map entitled “Machesna Mountain Wilderness—Proposed Additions” and dated October 30, 2019, which shall be incorporated into and managed as part of the Machesna Mountain Wilderness as designated by the California Wilderness Act of 1984 (Public Law 98–425; 16 U.S.C. 1132 note).
added
Certain land in the Los Padres National Forest comprising approximately 30,184 acres, as generally depicted on the map entitled “Matilija Wilderness Area Additions—Proposed” and dated March 29, 2019, which shall be incorporated into and managed as part of the Matilija Wilderness as designated by the Los Padres Condor Range and River Protection Act (Public Law 102–301; 106 Stat. 242).
added
Certain land in the Los Padres National Forest comprising approximately 23,969 acres, as generally depicted on the map entitled “San Rafael Wilderness Area Additions—Proposed” and dated March 29, 2019, which shall be incorporated into and managed as part of the San Rafael Wilderness as designated by Public Law 90–271 (82 Stat. 51), the California Wilderness Act of 1984 (Public Law 98–425; 16 U.S.C. 1132 note), and the Los Padres Condor Range and River Protection Act (Public Law 102–301; 106 Stat. 242).
added
Certain land in the Los Padres National Forest comprising approximately 2,921 acres, as generally depicted on the map entitled “Santa Lucia Wilderness Area Additions—Proposed” and dated March 29, 2019, which shall be incorporated into and managed as part of the Santa Lucia Wilderness as designated by the Endangered American Wilderness Act of 1978 (Public Law 95–237; 16 U.S.C. 1132 note).
added
Certain land in the Los Padres National Forest comprising approximately 14,313 acres, as generally depicted on the map entitled “Sespe Wilderness Area Additions—Proposed” and dated March 29, 2019, which shall be incorporated into and managed as part of the Sespe Wilderness as designated by the Los Padres Condor Range and River Protection Act (Public Law 102–301; 106 Stat. 242).
added
Certain land in the Los Padres National Forest comprising approximately 17,870 acres, as generally depicted on the map entitled “Diablo Caliente Wilderness Area—Proposed” and dated March 29, 2019, which shall be known as the “Diablo Caliente Wilderness”.
added
Maps and legal descriptions—
added
In general— As soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of the wilderness areas with—
added
the Committee on Energy and Natural Resources of the Senate; and
added
the Committee on Natural Resources of the House of Representatives.
added
Force of law— The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical and typographical errors in the maps and legal descriptions.
added
Public availability— The maps and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management.
Sec. 20304 Designation of the Machesna Mountain Potential Wilderness
added
added
Designation— In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Los Padres National Forest comprising approximately 2,359 acres, as generally depicted on the map entitled “Machesna Mountain Potential Wilderness” and dated March 29, 2019, is designated as the Machesna Mountain Potential Wilderness Area.
added
Map and legal description—
added
In general— As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Machesna Mountain Potential Wilderness Area (referred to in this section as the “potential wilderness area”) with—
added
the Committee on Energy and Natural Resources of the Senate; and
added
the Committee on Natural Resources of the House of Representatives.
added
Force of law— The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical and typographical errors in the map and legal description.
added
Public availability— The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
added
Management— Except as provided in subsection (d) and subject to valid existing rights, the Secretary shall manage the potential wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
added
Trail use, construction, reconstruction, and realignment—
added
In general— In accordance with paragraph (2), the Secretary may reconstruct, realign, or reroute the Pine Mountain Trail.
added
Requirement— In carrying out the reconstruction, realignment, or rerouting under paragraph (1), the Secretary shall—
added
comply with all existing laws (including regulations); and
added
to the maximum extent practicable, use the minimum tool or administrative practice necessary to accomplish the reconstruction, realignment, or rerouting with the least amount of adverse impact on wilderness character and resources.
added
Motorized vehicles and machinery— In accordance with paragraph (2), the Secretary may use motorized vehicles and machinery to carry out the trail reconstruction, realignment, or rerouting authorized by this subsection.
added
Motorized and mechanized vehicles— The Secretary may permit the use of motorized and mechanized vehicles on the existing Pine Mountain Trail in accordance with existing law (including regulations) and this subsection until such date as the potential wilderness area is designated as wilderness in accordance with subsection (h).
added
Withdrawal— Subject to valid existing rights, the Federal land in the potential wilderness area is withdrawn from all forms of—
added
entry, appropriation, or disposal under the public land laws;
added
location, entry, and patent under the mining laws; and
added
disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
added
Cooperative agreements— In carrying out this section, the Secretary may enter into cooperative agreements with State, Tribal, and local governmental entities and private entities to complete the trail reconstruction, realignment, or rerouting authorized by subsection (d).
added
Boundaries— The Secretary shall modify the boundary of the potential wilderness area to exclude any area within 150 feet of the centerline of the new location of any trail that has been reconstructed, realigned, or rerouted under subsection (d).
added
Wilderness designation—
added
In general— The potential wilderness area, as modified under subsection (g), shall be designated as wilderness and as a component of the National Wilderness Preservation System on the earlier of—
added
the date on which the Secretary publishes in the Federal Register notice that the trail reconstruction, realignment, or rerouting authorized by subsection (d) has been completed; or
added
the date that is 20 years after the date of enactment of this Act.
added
Administration of wilderness— On designation as wilderness under this section, the potential wilderness area shall be—
added
incorporated into the Machesna Mountain Wilderness Area, as designated by the California Wilderness Act of 1984 (Public Law 98–425; 16 U.S.C. 1132 note) and expanded by section 20303; and
added
administered in accordance with section 305 and the Wilderness Act (16 U.S.C. 1131 et seq.).
Sec. 20305 Administration of wilderness
added
added
In general— Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with this title and the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
added
any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and
added
any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the wilderness area.
added
Fire management and related activities—
added
In general— The Secretary may take any measures in a wilderness area as are necessary for the control of fire, insects, and diseases in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98–40 of the 98th Congress.
added
Funding priorities— Nothing in this title limits funding for fire and fuels management in the wilderness areas.
added
Revision and development of local fire management plans— As soon as practicable after the date of enactment of this Act, the Secretary shall amend the local information in the Fire Management Reference System or individual operational plans that apply to the land designated as a wilderness area.
added
Administration— Consistent with paragraph (1) and other applicable Federal law, to ensure a timely and efficient response to fire emergencies in the wilderness areas, the Secretary shall enter into agreements with appropriate State or local firefighting agencies.
added
Grazing— The grazing of livestock in the wilderness areas, if established before the date of enactment of this Act, shall be permitted to continue, subject to any reasonable regulations as the Secretary considers necessary in accordance with—
added
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4));
added
the guidelines set forth in Appendix A of House Report 101–405, accompanying H.R. 2570 of the 101st Congress for land under the jurisdiction of the Secretary of the Interior;
added
the guidelines set forth in House Report 96–617, accompanying H.R. 5487 of the 96th Congress for land under the jurisdiction of the Secretary of Agriculture; and
added
all other laws governing livestock grazing on Federal public land.
added
Fish and wildlife—
added
In general— In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects the jurisdiction or responsibilities of the State with respect to fish and wildlife on public land in the State.
added
Management activities— In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activities that are necessary to maintain or restore fish and wildlife populations and habitats in the wilderness areas, if the management activities are—
added
consistent with relevant wilderness management plans;
added
conducted in accordance with appropriate policies, such as the policies established in Appendix B of House Report 101–405; and
added
in accordance with memoranda of understanding between the Federal agencies and the State Department of Fish and Wildlife.
added
Buffer zones—
added
In general— Congress does not intend for the designation of wilderness areas by this title to lead to the creation of protective perimeters or buffer zones around each wilderness area.
added
Activities or uses up to boundaries— The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area.
added
Military activities— Nothing in this title precludes—
added
low-level overflights of military aircraft over the wilderness areas;
added
the designation of new units of special airspace over the wilderness areas; or
added
the use or establishment of military flight training routes over wilderness areas.
added
Horses— Nothing in this title precludes horseback riding in, or the entry of recreational saddle or pack stock into, a wilderness area—
added
in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)); and
added
subject to any terms and conditions determined to be necessary by the Secretary.
added
Withdrawal— Subject to valid existing rights, the wilderness areas are withdrawn from—
added
all forms of entry, appropriation, and disposal under the public land laws;
added
location, entry, and patent under the mining laws; and
added
disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
added
Incorporation of acquired land and interests— Any land within the boundary of a wilderness area that is acquired by the United States shall—
added
become part of the wilderness area in which the land is located; and
added
be managed in accordance with—
added
this section;
added
the Wilderness Act (16 U.S.C. 1131 et seq.); and
added
any other applicable law.
added
Climatological data collection— In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the wilderness areas if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities.
Sec. 20306 Designation of Wild and Scenic Rivers
added
added
Indian creek, mono creek, and matilija creek, california— Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:
added “(231) Indian creek, california—The following segments of Indian Creek in the State of California, to be administered by the Secretary of Agriculture:
added “(A) The 9.5-mile segment of Indian Creek from its source in sec. 19, T. 7 N., R. 26 W., to the Dick Smith Wilderness boundary, as a wild river.
added “(B) The 1-mile segment of Indian Creek from the Dick Smith Wilderness boundary to 0.25 miles downstream of Road 6N24, as a scenic river.
added “(C) The 3.9-mile segment of Indian Creek from 0.25 miles downstream of Road 6N24 to the southern boundary of sec. 32, T. 6 N., R. 26 W., as a wild river.
added “(232) Mono creek, california—The following segments of Mono Creek in the State of California, to be administered by the Secretary of Agriculture:
added “(A) The 4.2-mile segment of Mono Creek from its source in sec. 1, T. 7 N., R. 26 W., to 0.25 miles upstream of Don Victor Fire Road in sec. 28, T. 7 N., R. 25 W., as a wild river.
added “(B) The 2.1-mile segment of Mono Creek from 0.25 miles upstream of the Don Victor Fire Road in sec. 28, T. 7 N., R. 25 W., to 0.25 miles downstream of Don Victor Fire Road in sec. 34, T. 7 N., R. 25 W., as a recreational river.
added “(C) The 14.7-mile segment of Mono Creek from 0.25 miles downstream of Don Victor Fire Road in sec. 34, T. 7 N., R. 25 W., to the Ogilvy Ranch private property boundary in sec. 22, T. 6 N., R. 26 W., as a wild river.
added “(D) The 3.5-mile segment of Mono Creek from the Ogilvy Ranch private property boundary to the southern boundary of sec. 33, T. 6 N., R. 26 W., as a recreational river.
added “(233) Matilija creek, california—The following segments of Matilija Creek in the State of California, to be administered by the Secretary of Agriculture:
added “(A) The 7.2-mile segment of the Matilija Creek from its source in sec. 25, T. 6 N., R. 25 W., to the private property boundary in sec. 9, T. 5 N., R. 24 W., as a wild river.
added “(B) The 7.25-mile segment of the Upper North Fork Matilija Creek from its source in sec. 36, T. 6 N., R. 24 W., to the Matilija Wilderness boundary, as a wild river.”
added
Sespe creek, california— Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (142) and inserting the following:
added “(142) Sespe creek, california—The following segments of Sespe Creek in the State of California, to be administered by the Secretary of Agriculture:
added “(A) The 2.7-mile segment of Sespe Creek from the private property boundary in sec. 10, T. 6 N., R. 24 W., to the Hartman Ranch private property boundary in sec. 14, T. 6 N., R. 24 W., as a wild river.
added “(B) The 15-mile segment of Sespe Creek from the Hartman Ranch private property boundary in sec. 14, T. 6 N., R. 24 W., to the western boundary of sec. 6, T. 5 N., R. 22 W., as a recreational river.
added “(C) The 6.1-mile segment of Sespe Creek from the western boundary of sec. 6, T. 5 N., R. 22 W., to the confluence with Trout Creek, as a scenic river.
added “(D) The 28.6-mile segment of Sespe Creek from the confluence with Trout Creek to the southern boundary of sec. 35, T. 5 N., R. 20 W., as a wild river.”
added
Sisquoc river, california— Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (143) and inserting the following:
added “(143) Sisquoc river, california—The following segments of the Sisquoc River and its tributaries in the State of California, to be administered by the Secretary of Agriculture:
added “(A) The 33-mile segment of the main stem of the Sisquoc River extending from its origin downstream to the Los Padres Forest boundary, as a wild river.
added “(B) The 4.2-mile segment of the South Fork Sisquoc River from its source northeast of San Rafael Mountain in sec. 2, T. 7 N., R. 28 W., to its confluence with the Sisquoc River, as a wild river.
added “(C) The 10.4-mile segment of Manzana Creek from its source west of San Rafael Peak in sec. 4, T. 7 N., R. 28 W., to the San Rafael Wilderness boundary upstream of Nira Campground, as a wild river.
added “(D) The 0.6-mile segment of Manzana Creek from the San Rafael Wilderness boundary upstream of the Nira Campground to the San Rafael Wilderness boundary downstream of the confluence of Davy Brown Creek, as a recreational river.
added “(E) The 5.8-mile segment of Manzana Creek from the San Rafael Wilderness boundary downstream of the confluence of Davy Brown Creek to the private property boundary in sec. 1, T. 8 N., R. 30 W., as a wild river.
added “(F) The 3.8-mile segment of Manzana Creek from the private property boundary in sec. 1, T. 8 N., R. 30 W., to the confluence of the Sisquoc River, as a recreational river.
added “(G) The 3.4-mile segment of Davy Brown Creek from its source west of Ranger Peak in sec. 32, T. 8 N., R. 29 W., to 300 feet upstream of its confluence with Munch Canyon, as a wild river.
added “(H) The 1.4-mile segment of Davy Brown Creek from 300 feet upstream of its confluence with Munch Canyon to its confluence with Manzana Creek, as a recreational river.
added “(I) The 2-mile segment of Munch Canyon from its source north of Ranger Peak in sec. 33, T. 8 N., R. 29 W., to 300 feet upstream of its confluence with Sunset Valley Creek, as a wild river.
added “(J) The 0.5-mile segment of Munch Canyon from 300 feet upstream of its confluence with Sunset Valley Creek to its confluence with Davy Brown Creek, as a recreational river.
added “(K) The 2.6-mile segment of Fish Creek from 500 feet downstream of Sunset Valley Road to its confluence with Manzana Creek, as a wild river.
added “(L) The 1.5-mile segment of East Fork Fish Creek from its source in sec. 26, T. 8 N., R. 29 W., to its confluence with Fish Creek, as a wild river.”
added
Piru creek, california— Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (199) and inserting the following:
added “(199) Piru creek, california—The following segments of Piru Creek in the State of California, to be administered by the Secretary of Agriculture:
added “(A) The 9.1-mile segment of Piru Creek from its source in sec. 3, T. 6 N., R. 22 W., to the private property boundary in sec. 4, T. 6 N., R. 21 W., as a wild river.
added “(B) The 17.2-mile segment of Piru Creek from the private property boundary in sec. 4, T. 6 N., R. 21 W., to 0.25 miles downstream of the Gold Hill Road, as a scenic river.
added “(C) The 4.1-mile segment of Piru Creek from 0.25 miles downstream of Gold Hill Road to the confluence with Trail Canyon, as a wild river.
added “(D) The 7.25-mile segment of Piru Creek from the confluence with Trail Canyon to the confluence with Buck Creek, as a scenic river.
added “(E) The 3-mile segment of Piru Creek from 0.5 miles downstream of Pyramid Dam at the first bridge crossing to the boundary of the Sespe Wilderness, as a recreational river.
added “(F) The 13-mile segment of Piru Creek from the boundary of the Sespe Wilderness to the boundary of the Sespe Wilderness, as a wild river.
added “(G) The 2.2-mile segment of Piru Creek from the boundary of the Sespe Wilderness to the upper limit of Piru Reservoir, as a recreational river.”
added
Effect— The designation of additional miles of Piru Creek under subsection (d) shall not affect valid water rights in existence on the date of enactment of this Act.
added
Motorized use of trails— Nothing in this section (including the amendments made by this section) affects the motorized use of trails designated by the Forest Service for motorized use that are located adjacent to and crossing upper Piru Creek, if the use is consistent with the protection and enhancement of river values under the National Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).
Sec. 20307 Designation of the Fox Mountain Potential Wilderness
added
added
Designation— In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Los Padres National Forest comprising approximately 41,082 acres, as generally depicted on the map entitled “Fox Mountain Potential Wilderness Area” and dated November 14, 2019, is designated as the Fox Mountain Potential Wilderness Area.
added
Map and legal description—
added
In general— As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file a map and a legal description of the Fox Mountain Potential Wilderness Area (referred to in this section as the “potential wilderness area”) with—
added
the Committee on Energy and Natural Resources of the Senate; and
added
the Committee on Natural Resources of the House of Representatives.
added
Force of law— The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary of Agriculture may correct any clerical and typographical errors in the map and legal description.
added
Public availability— The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
added
Management— Except as provided in subsection (d) and subject to valid existing rights, the Secretary shall manage the potential wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
added
Trail use construction, reconstruction, and realignment—
added
In general— In accordance with paragraph (2), the Secretary of Agriculture may—
added
construct a new trail for use by hikers, equestrians, and mechanized vehicles that connects the Aliso Park Campground to the Bull Ridge Trail; and
added
reconstruct or realign—
added
the Bull Ridge Trail; and
added
the Rocky Ridge Trail.
added
Requirement— In carrying out the construction, reconstruction, or alignment under paragraph (1), the Secretary shall—
added
comply with all existing laws (including regulations); and
added
to the maximum extent practicable, use the minimum tool or administrative practice necessary to accomplish the construction, reconstruction, or alignment with the least amount of adverse impact on wilderness character and resources.
added
Motorized vehicles and machinery— In accordance with paragraph (2), the Secretary may use motorized vehicles and machinery to carry out the trail construction, reconstruction, or realignment authorized by this subsection.
added
Mechanized vehicles— The Secretary may permit the use of mechanized vehicles on the existing Bull Ridge Trail and Rocky Ridge Trail in accordance with existing law (including regulations) and this subsection until such date as the potential wilderness area is designated as wilderness in accordance with subsection (h).
added
Withdrawal— Subject to valid existing rights, the Federal land in the potential wilderness area is withdrawn from all forms of—
added
entry, appropriation, or disposal under the public land laws;
added
location, entry, and patent under the mining laws; and
added
disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
added
Cooperative agreements— In carrying out this section, the Secretary may enter into cooperative agreements with State, Tribal, and local governmental entities and private entities to complete the trail construction, reconstruction, and realignment authorized by subsection (d).
added
Boundaries— The Secretary shall modify the boundary of the potential wilderness area to exclude any area within 50 feet of the centerline of the new location of any trail that has been constructed, reconstructed, or realigned under subsection (d).
added
Wilderness designation—
added
In general— The potential wilderness area, as modified under subsection (g), shall be designated as wilderness and as a component of the National Wilderness Preservation System on the earlier of—
added
the date on which the Secretary publishes in the Federal Register notice that the trail construction, reconstruction, or alignment authorized by subsection (d) has been completed; or
added
the date that is 20 years after the date of enactment of this Act.
added
Administration of wilderness— On designation as wilderness under this section, the potential wilderness area shall be—
added
incorporated into the San Rafael Wilderness, as designated by Public Law 90–271 (82 Stat. 51), the California Wilderness Act of 1984 (Public Law 98–425; 16 U.S.C. 1132 note), and the Los Padres Condor Range and River Protection Act (Public Law 102–301; 106 Stat. 242), and section 20303; and
added
administered in accordance with section 20305 and the Wilderness Act (16 U.S.C. 1131 et seq.).
Sec. 20308 Designation of scenic areas
added
added
In general— Subject to valid existing rights, there are established the following scenic areas:
added
Condor ridge scenic area— Certain land in the Los Padres National Forest comprising approximately 18,666 acres, as generally depicted on the map entitled “Condor Ridge Scenic Area—Proposed” and dated March 29, 2019, which shall be known as the “Condor Ridge Scenic Area”.
added
Black mountain scenic area— Certain land in the Los Padres National Forest and the Bakersfield Field Office of the Bureau of Land Management comprising approximately 16,216 acres, as generally depicted on the map entitled “Black Mountain Scenic Area—Proposed” and dated March 29, 2019, which shall be known as the “Black Mountain Scenic Area”.
added
Maps and legal descriptions—
added
In general— As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file a map and legal description of the Condor Ridge Scenic Area and Black Mountain Scenic Area with—
added
the Committee on Energy and Natural Resources of the Senate; and
added
the Committee on Natural Resources of the House of Representatives.
added
Force of law— The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary of Agriculture may correct any clerical and typographical errors in the maps and legal descriptions.
added
Public availability— The maps and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management.
added
Purpose— The purpose of the scenic areas is to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the scenic areas.
added
Management—
added
In general— The Secretary shall administer the scenic areas—
added
in a manner that conserves, protects, and enhances the resources of the scenic areas, and in particular the scenic character attributes of the scenic areas; and
added
in accordance with—
added
this section;
added
the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.) for land under the jurisdiction of the Secretary of the Interior;
added
any laws (including regulations) relating to the National Forest System, for land under the jurisdiction of the Secretary of Agriculture; and
added
any other applicable law (including regulations).
added
Uses— The Secretary shall only allow those uses of the scenic areas that the Secretary determines would further the purposes described in subsection (c).
added
Withdrawal— Subject to valid existing rights, the Federal land in the scenic areas is withdrawn from all forms of—
added
entry, appropriation, or disposal under the public land laws;
added
location, entry, and patent under the mining laws; and
added
disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
added
Prohibited uses— The following shall be prohibited on the Federal land within the scenic areas:
added
Permanent roads.
added
Permanent structures.
added
Timber harvesting except when necessary for the purposes described in subsection (g).
added
Transmission lines.
added
Except as necessary to meet the minimum requirements for the administration of the scenic areas and to protect public health and safety—
added
the use of motorized vehicles; or
added
the establishment of temporary roads.
added
Commercial enterprises, except as necessary for realizing the purposes of the scenic areas.
added
Wildfire, insect, and disease management— Consistent with this section, the Secretary may take any measures in the scenic areas that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of those activities with the State or a local agency.
added
Adjacent management— The fact that an otherwise authorized activity or use can be seen or heard within a scenic area shall not preclude the activity or use outside the boundary of the scenic area.
Sec. 20309 Condor National Scenic Trail
added
added
In general— The contiguous trail established pursuant to this section shall be known as the “Condor National Scenic Trail” named after the California condor, a critically endangered bird species that lives along the extent of the trail corridor.
added
Purpose— The purposes of the Condor National Scenic Trail are to—
added
provide a continual extended hiking corridor that connects the southern and northern portions of the Los Padres National Forest, spanning the entire length of the forest along the coastal mountains of southern and central California; and
added
provide for the public enjoyment of the nationally significant scenic, historic, natural, and cultural qualities of the Los Padres National Forest.
added
Amendment— Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended by adding at the end the following:
added “(31) Condor national scenic trail
added “(A) In general—The Condor National Scenic Trail, a trail extending approximately 400 miles from Lake Piru in the southern portion of the Los Padres National Forest to the Bottchers Gap Campground in northern portion of the Los Padres National Forest.
added “(B) Administration—The trail shall be administered by the Secretary of Agriculture, in consultation with—
added “(i) other Federal, State, Tribal, regional, and local agencies;
added “(ii) private landowners; and
added “(iii) other interested organizations.
added “(C) Recreational uses—Notwithstanding section 7(c), the use of motorized vehicles on roads or trails included in the Condor National Scenic Trail on which motorized vehicles are permitted as of the date of enactment of this paragraph may be permitted.
added “(D) Private property rights
added “(i) Prohibition—The Secretary shall not acquire for the trail any land or interest in land outside the exterior boundary of any federally managed area without the consent of the owner of land or interest in land.
added “(ii) Effect—Nothing in this paragraph—
added “(I) requires any private property owner to allow public access (including Federal, State, or local government access) to private property; or
added “(II) modifies any provision of Federal, State, or local law with respect to public access to or use of private land.
added “(E) Realignment—The Secretary of Agriculture may realign segments of the Condor National Scenic Trail as necessary to fulfill the purposes of the trail.
added “(F) Map—A map generally depicting the trail described in subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service.”
added
Study—
added
Study required— Not later than 3 years after the date of enactment of this Act, in accordance with this section, the Secretary of Agriculture shall conduct a study that—
added
addresses the feasibility of, and alternatives for, connecting the northern and southern portions of the Los Padres National Forest by establishing a trail across the applicable portions of the northern and southern Santa Lucia Mountains of the southern California Coastal Range; and
added
considers realignment of the trail or construction of new trail segments to avoid existing trail segments that currently allow motorized vehicles.
added
Contents— In carrying out the study required by paragraph (1), the Secretary of Agriculture shall—
added
conform to the requirements for national scenic trail studies described in section 5(b) of the National Trails System Act (16 U.S.C. 1244(b));
added
provide for a continual hiking route through and connecting the southern and northern sections of the Los Padres National Forest;
added
promote recreational, scenic, wilderness and cultural values;
added
enhance connectivity with the overall National Forest trail system;
added
consider new connectors and realignment of existing trails;
added
emphasize safe and continuous public access, dispersal from high-use areas, and suitable water sources; and
added
to the extent practicable, provide all-year use.
added
Additional requirement— In completing the study required by paragraph (1), the Secretary of Agriculture shall consult with—
added
appropriate Federal, State, Tribal, regional, and local agencies;
added
private landowners;
added
nongovernmental organizations; and
added
members of the public.
added
Submission— The Secretary of Agriculture shall submit the study required by paragraph (1) to—
added
the Committee on Natural Resources of the House of Representatives; and
added
the Committee on Energy and Natural Resources of the Senate.
added
Additions and alterations to the condor national scenic trail—
added
In general— Upon completion of the study required by paragraph (1), if the Secretary of Agriculture determines that additional or alternative trail segments are feasible for inclusion in the Condor National Scenic Trail, the Secretary of Agriculture shall include those segments in the Condor National Scenic Trail.
added
Effective date— Additions or alternations to the Condor National Scenic Trail shall be effective on the date the Secretary of Agriculture publishes in the Federal Register notice that the additional or alternative segments are included in the Condor National Scenic Trail.
added
Cooperative agreements— In carrying out this section (including the amendments made by this section), the Secretary of Agriculture may enter into cooperative agreements with State, Tribal, and local government entities and private entities to complete needed trail construction, reconstruction, and realignment projects authorized by this section (including the amendments made by this section).
Sec. 20310 Forest service study
addedadded Not later than 6 years after the date of enactment of this Act, the Secretary of Agriculture (acting through the Chief of the Forest Service) shall study the feasibility of opening a new trail, for vehicles measuring 50 inches or less, connecting Forest Service Highway 95 to the existing off-highway vehicle trail system in the Ballinger Canyon off-highway vehicle area.
Sec. 20311 Nonmotorized recreation opportunities
addedadded Not later than 6 years after the date of enactment of this Act, the Secretary of Agriculture, in consultation with interested parties, shall conduct a study to improve nonmotorized recreation trail opportunities (including mountain bicycling) on land not designated as wilderness within the Santa Barbara, Ojai, and Mt. Pinos ranger districts.
Sec. 20312 Use by members of Tribes
added
added
Access— The Secretary shall ensure that Tribes have access, in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), to the wilderness areas, scenic areas, and potential wilderness areas designated by this title for traditional cultural and religious purposes.
added
Temporary closures—
added
In general— In carrying out this section, the Secretary, on request of a Tribe, may temporarily close to the general public one or more specific portions of a wilderness area, scenic area, or potential wilderness area designated by this title to protect the privacy of the members of the Tribe in the conduct of traditional cultural and religious activities.
added
Requirement— Any closure under paragraph (1) shall be—
added
made in such a manner as to affect the smallest practicable area for the minimum period of time necessary for the activity to be carried out; and
added
be consistent with the purpose and intent of Public Law 95–341 (commonly known as the American Indian Religious Freedom Act) (42 U.S.C. 1996) and the Wilderness Act (16 U.S.C. 1131 et seq.).
Sec. 20401 Short title
addedadded This title may be cited as the “San Gabriel Mountains Foothills and Rivers Protection Act”.
Sec. 20402 Definition of State
addedadded In this title, the term State means the State of California.
Sec. 20411 Purposes
addedadded The purposes of this subtitle are—
added
to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the Recreation Area;
added
to provide environmentally responsible, well-managed recreational opportunities within the Recreation Area;
added
to improve access to and from the Recreation Area;
added
to provide expanded educational and interpretive services to increase public understanding of, and appreciation for, the natural and cultural resources of the Recreation Area;
added
to facilitate the cooperative management of the land and resources within the Recreation Area, in collaboration with the State and political subdivisions of the State, historical, business, cultural, civic, recreational, tourism and other nongovernmental organizations, and the public; and
added
to allow the continued use of the Recreation Area by all individuals, entities, and local government agencies in activities relating to integrated water management, flood protection, water conservation, water quality, water rights, water supply, groundwater recharge and monitoring, wastewater treatment, public roads and bridges, and utilities within or adjacent to the Recreation Area.
Sec. 20412 Definitions
addedadded In this subtitle:
added
Adjudication— The term adjudication means any final judgment, order, ruling, or decree entered in any judicial proceeding adjudicating or affecting water rights, surface water management, or groundwater management.
added
Advisory council— The term Advisory Council means the San Gabriel National Recreation Area Public Advisory Council established under section 20417(a).
added
Federal lands— The term Federal lands means—
added
public lands under the jurisdiction of the Secretary of the Interior; and
added
lands under the jurisdiction of the Secretary of Defense, acting through the Chief of Engineers.
added
Management plan— The term management plan means the management plan for the Recreation Area required under section 20414(d).
added
Partnership— The term Partnership means the San Gabriel National Recreation Area Partnership established by section 20418(a).
added
Public water system— The term public water system has the meaning given the term in 42 U.S.C. 300(f)(4) or in section 116275 of the California Health and Safety Code.
added
Recreation area— The term Recreation Area means the San Gabriel National Recreation Area established by section 20413(a).
added
Secretary— The term Secretary means the Secretary of the Interior.
added
Utility facility— The term utility facility means—
added
any electric substations, communication facilities, towers, poles, and lines, ground wires, communication circuits, and other structures, and related infrastructure; and
added
any such facilities associated with a public water system.
added
Water resource facility— The term water resource facility means irrigation and pumping facilities, dams and reservoirs, flood control facilities, water conservation works, including debris protection facilities, sediment placement sites, rain gauges and stream gauges, water quality facilities, recycled water facilities, water pumping, conveyance and distribution systems, water storage tanks and reservoirs, and water treatment facilities, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, groundwater recharge facilities, water conservation, water filtration plants, and other water diversion, conservation, groundwater recharge, storage, and carriage structures.
Sec. 20413 San Gabriel National Recreation Area
added
added
Establishment; boundaries— Subject to valid existing rights, there is established as a unit of the National Park System in the State the San Gabriel National Recreation Area depicted as the “Proposed San Gabriel National Recreation Area” on the map entitled “San Gabriel National Recreation Area Proposed Boundary,” numbered 503/152,737, and dated July 2019.
added
Map and legal description—
added
In general— As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and a legal description of the Recreation Area with—
added
the Committee on Energy and Natural Resources of the Senate; and
added
the Committee on Natural Resources of the House of Representatives.
added
Force of law— The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical or typographical error in the map or legal description.
added
Public availability— The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service.
added
Administration and jurisdiction—
added
Public lands— The public lands included in the Recreation Area shall be administered by the Secretary, acting through the Director of the National Park Service.
added
Department of defense land— Although certain Federal lands under the jurisdiction of the Secretary of Defense are included in the recreation area, nothing in this subtitle transfers administration jurisdiction of such Federal lands from the Secretary of Defense or otherwise affects Federal lands under the jurisdiction of the Secretary of Defense.
added
State and local jurisdiction— Nothing in this subtitle alters, modifies, or diminishes any right, responsibility, power, authority, jurisdiction, or entitlement of the State, a political subdivision of the State, including, but not limited to courts of competent jurisdiction, regulatory commissions, boards, and departments, or any State or local agency under any applicable Federal, State, or local law (including regulations).
Sec. 20414 Management
added
added
National park system— Subject to valid existing rights, the Secretary shall manage the public lands included in the Recreation Area in a manner that protects and enhances the natural resources and values of the public lands, in accordance with—
added
this subtitle;
added
section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753 and 102101 of title 54, United States Code (formerly known as the “National Park Service Organic Act”);
added
the laws generally applicable to units of the National Park System; and
added
other applicable law, regulations, adjudications, and orders.
added
Cooperation with secretary of defense— The Secretary shall cooperate with the Secretary of Defense to develop opportunities for the management of the Federal land under the jurisdiction of the Secretary of Defense included in the Recreation Area in accordance with the purposes described in section 20411, to the maximum extent practicable.
added
Treatment of non-Federal land—
added
In general— Nothing in this subtitle—
added
authorizes the Secretary to take any action that would affect the use of any land not owned by the United States within the Recreation Area;
added
affects the use of, or access to, any non-Federal land within the Recreation Area;
added
modifies any provision of Federal, State, or local law with respect to public access to, or use of, non-Federal land;
added
requires any owner of non-Federal land to allow public access (including Federal, State, or local government access) to private property or any other non-Federal land;
added
alters any duly adopted land use regulation, approved land use plan, or any other regulatory authority of any State or local agency or unit of Tribal government;
added
creates any liability, or affects any liability under any other law, of any private property owner or other owner of non-Federal land with respect to any person injured on the private property or other non-Federal land;
added
conveys to the Partnership any land use or other regulatory authority;
added
shall be construed to cause any Federal, State, or local regulation or permit requirement intended to apply to units of the National Park System to affect the Federal lands under the jurisdiction of the Secretary of Defense or non-Federal lands within the boundaries of the recreation area; or
added
requires any local government to participate in any program administered by the Secretary.
added
Cooperation— The Secretary is encouraged to work with owners of non-Federal land who have agreed to cooperate with the Secretary to advance the purposes of this subtitle.
added
Buffer zones—
added
In general— Nothing in this subtitle establishes any protective perimeter or buffer zone around the Recreation Area.
added
Activities or uses up to boundaries— The fact that an activity or use of land can be seen or heard from within the Recreation Area shall not preclude the activity or land use up to the boundary of the Recreation Area.
added
Facilities— Nothing in this subtitle affects the operation, maintenance, modification, construction, destruction, removal, relocation, improvement or expansion of any water resource facility or public water system, or any solid waste, sanitary sewer, water or waste-water treatment, groundwater recharge or conservation, hydroelectric, conveyance distribution system, recycled water facility, or utility facility located within or adjacent to the Recreation Area.
added
Exemption— Section 100903 of title 54, United States Code, shall not apply to the Puente Hills landfill, materials recovery facility, or intermodal facility.
added
Management plan—
added
Deadline— Not later than 3 years after the date of the enactment of this Act, the Secretary and the Advisory Council shall establish a comprehensive management plan for the Recreation Area that supports the purposes described in section 20411.
added
Use of existing plans— In developing the management plan, to the extent consistent with this section, the Secretary may incorporate any provision of a land use or other plan applicable to the public lands included in the Recreation Area.
added
Incorporation of visitor services plan— To the maximum extent practicable, the Secretary shall incorporate into the management plan the visitor services plan under section 20419(a)(2).
added
Partnership— In developing the management plan, the Secretary shall consider recommendations of the Partnership. To the maximum extent practicable, the Secretary shall incorporate recommendations of the Partnership into the management plan if the Secretary determines that the recommendations are feasible and consistent with the purposes in section 20411, this subtitle, and applicable laws (including regulations).
added
Fish and wildlife— Nothing in this subtitle affects the jurisdiction of the State with respect to fish or wildlife located on public lands in the State.
Sec. 20415 Acquisition of non-Federal land within Recreation Area
added
added
Limited acquisition authority—
added
In general— Subject to paragraph (2), the Secretary may acquire non-Federal land within the boundaries of the Recreation Area only through exchange, donation, or purchase from a willing seller.
added
Additional requirement— As a further condition on the acquisition of land, the Secretary shall make a determination that the land contains important biological, cultural, historic, or recreational values.
added
Prohibition on use of eminent domain— Nothing in this subtitle authorizes the use of eminent domain to acquire land or an interest in land.
added
Treatment of acquired land— Any land or interest in land acquired by the United States within the boundaries of the Recreation Area shall be—
added
included in the Recreation Area; and
added
administered by the Secretary in accordance with—
added
this subtitle; and
added
other applicable laws (including regulations).
Sec. 20416 Water rights; water resource facilities; public roads; utility facilities
added
added
No effect on water rights— Nothing in this subtitle or section 20422—
added
shall affect the use or allocation, as in existence on the date of the enactment of this Act, of any water, water right, or interest in water (including potable, recycled, reclaimed, waste, imported, exported, banked, or stored water, surface water, groundwater, and public trust interest);
added
shall affect any public or private contract in existence on the date of the enactment of this Act for the sale, lease, loan, or transfer of any water (including potable, recycled, reclaimed, waste, imported, exported, banked, or stored water, surface water, and groundwater);
added
shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of the enactment of this Act;
added
authorizes or imposes any new reserved Federal water right or expands water usage pursuant to any existing Federal reserved, riparian or appropriative right;
added
shall be considered a relinquishment or reduction of any water rights (including potable, recycled, reclaimed, waste, imported, exported, banked, or stored water, surface water, and groundwater) held, reserved, or appropriated by any public entity or other persons or entities, on or before the date of the enactment of this Act;
added
shall be construed to, or shall interfere or conflict with the exercise of the powers or duties of any watermaster, public agency, public water system, court of competent jurisdiction, or other body or entity responsible for groundwater or surface water management or groundwater replenishment as designated or established pursuant to any adjudication or Federal or State law, including the management of the San Gabriel River watershed and basin, to provide water supply or other environmental benefits;
added
shall be construed to impede or adversely impact any previously adopted Los Angeles County Drainage Area project, as described in the report of the Chief of Engineers dated June 30, 1992, including any supplement or addendum to that report, or any maintenance agreement to operate that project;
added
shall interfere or conflict with any action by a watermaster, water agency, public water system, court of competent jurisdiction, or public agency pursuant to any Federal or State law, water right, or adjudication, including any action relating to water conservation, water quality, surface water diversion or impoundment, groundwater recharge, water treatment, conservation or storage of water, pollution, waste discharge, the pumping of groundwater; the spreading, injection, pumping, storage, or the use of water from local sources, storm water flows, and runoff, or from imported or recycled water, that is undertaken in connection with the management or regulation of the San Gabriel River;
added
shall interfere with, obstruct, hinder, or delay the exercise of, or access to, any water right by the owner of a public water system or any other individual or entity, including the construction, operation, maintenance, replacement, removal, repair, location, or relocation of any well; pipeline; or water pumping, treatment, diversion, impoundment, or storage facility; or other facility or property necessary or useful to access any water right or operate an public water system;
added
shall require the initiation or reinitiation of consultation with the United States Fish and Wildlife Service under, or the application of any provision of, the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to any action affecting any water, water right, or water management or water resource facility in the San Gabriel River watershed and basin; or
added
authorizes any agency or employee of the United States, or any other person, to take any action inconsistent with any of paragraphs (1) through (10).
added
Water resource facilities—
added
No effect on existing water resource facilities— Nothing in this subtitle or section 20422 shall affect—
added
the use, operation, maintenance, repair, construction, destruction, removal, reconfiguration, expansion, improvement or replacement of a water resource facility or public water system within or adjacent to the Recreation Area or San Gabriel Mountains National Monument; or
added
access to a water resource facility within or adjacent to the Recreation Area or San Gabriel Mountains National Monument.
added
No effect on new water resource facilities— Nothing in this subtitle or section 20422 shall preclude the establishment of a new water resource facility (including instream sites, routes, and areas) within the Recreation Area or San Gabriel Mountains National Monument if the water resource facility or public water system is necessary to preserve or enhance the health, safety, reliability, quality or accessibility of water supply, or utility services to residents of Los Angeles County.
added
Flood control— Nothing in this subtitle or section 20422 shall be construed to—
added
impose any new restriction or requirement on flood protection, water conservation, water supply, groundwater recharge, water transfers, or water quality operations and maintenance; or
added
increase the liability of an agency or public water system carrying out flood protection, water conservation, water supply, groundwater recharge, water transfers, or water quality operations.
added
Diversion or use of water— Nothing in this subtitle or section 20422 shall authorize or require the use of water or water rights in, or the diversion of water to, the Recreation Area or San Gabriel Mountains National Monument.
added
Utility facilities and rights of way— Nothing in this subtitle or section 20422 shall—
added
affect the use, operation, maintenance, repair, construction, destruction, reconfiguration, expansion, inspection, renewal, reconstruction, alteration, addition, relocation, improvement, removal, or replacement of a utility facility or appurtenant right-of-way within or adjacent to the Recreation Area or San Gabriel Mountains National Monument;
added
affect access to a utility facility or right-of-way within or adjacent to the Recreation Area or San Gabriel Mountains National Monument; or
added
preclude the establishment of a new utility facility or right-of-way (including instream sites, routes, and areas) within the Recreation Area or San Gabriel Mountains National Monument if such a facility or right-of-way is necessary for public health and safety, electricity supply, or other utility services.
added
Roads; public transit—
added
Definitions— In this subsection:
added
Public road— The term public road means any paved road or bridge (including any appurtenant structure and right-of-way) that is—
added
operated or maintained by a non-Federal entity; and
added
added
open to vehicular use by the public; or
added
used by a public agency or utility for the operation, maintenance, improvement, repair, removal, relocation, construction, destruction or rehabilitation of infrastructure, a utility facility, or a right-of-way.
added
Public transit— The term public transit means any transit service (including operations and rights-of-way) that is—
added
operated or maintained by a non-Federal entity; and
added
added
open to the public; or
added
used by a public agency or contractor for the operation, maintenance, repair, construction, or rehabilitation of infrastructure, a utility facility, or a right-of-way.
added
No effect on public roads or public transit— Nothing in this subtitle or section 20422—
added
authorizes the Secretary to take any action that would affect the operation, maintenance, repair, or rehabilitation of public roads or public transit (including activities necessary to comply with Federal or State safety or public transit standards); or
added
creates any new liability, or increases any existing liability, of an owner or operator of a public road.
Sec. 20417 San Gabriel National Recreation Area Public Advisory Council
added
added
Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish an advisory council, to be known as the “San Gabriel National Recreation Area Public Advisory Council”.
added
Duties— The Advisory Council shall advise the Secretary regarding the development and implementation of the management plan and the visitor services plan.
added
Applicable law— The Advisory Council shall be subject to—
added
the Federal Advisory Committee Act (5 U.S.C. App.); and
added
all other applicable laws (including regulations).
added
Membership— The Advisory Council shall consist of 22 members, to be appointed by the Secretary after taking into consideration recommendations of the Partnership, of whom—
added
2 shall represent local, regional, or national environmental organizations;
added
2 shall represent the interests of outdoor recreation, including off-highway vehicle recreation, within the Recreation Area;
added
2 shall represent the interests of community-based organizations, the missions of which include expanding access to the outdoors;
added
2 shall represent business interests;
added
1 shall represent Indian Tribes within or adjacent to the Recreation Area;
added
1 shall represent the interests of homeowners’ associations within the Recreation Area;
added
3 shall represent the interests of holders of adjudicated water rights, public water systems, water agencies, wastewater and sewer agencies, recycled water facilities, and water management and replenishment entities;
added
1 shall represent energy and mineral development interests;
added
1 shall represent owners of Federal grazing permits or other land use permits within the Recreation Area;
added
1 shall represent archaeological and historical interests;
added
1 shall represent the interests of environmental educators;
added
1 shall represent cultural history interests;
added
1 shall represent environmental justice interests;
added
1 shall represent electrical utility interests; and
added
2 shall represent the affected public at large.
added
Terms—
added
Staggered terms— A member of the Advisory Council shall be appointed for a term of 3 years, except that, of the members first appointed, 7 of the members shall be appointed for a term of 1 year and 7 of the members shall be appointed for a term of 2 years.
added
Reappointment— A member may be reappointed to serve on the Advisory Council on the expiration of the term of service of the member.
added
Vacancy— A vacancy on the Advisory Council shall be filled in the same manner in which the original appointment was made.
added
Quorum— A quorum shall be ten members of the advisory council. The operations of the advisory council shall not be impaired by the fact that a member has not yet been appointed as long as a quorum has been attained.
added
Chairperson; procedures— The Advisory Council shall elect a chairperson and establish such rules and procedures as the advisory council considers necessary or desirable.
added
Service without compensation— Members of the Advisory Council shall serve without pay.
added
Termination— The Advisory Council shall cease to exist—
added
on the date that is 5 years after the date on which the management plan is adopted by the Secretary; or
added
on such later date as the Secretary considers to be appropriate.
Sec. 20418 San Gabriel National Recreation Area Partnership
added
added
Establishment— There is established a Partnership, to be known as the “San Gabriel National Recreation Area Partnership”.
added
Purposes— The purposes of the Partnership are to—
added
coordinate the activities of Federal, State, Tribal, and local authorities and the private sector in advancing the purposes of this subtitle; and
added
use the resources and expertise of each agency in improving management and recreational opportunities within the Recreation Area.
added
Membership— The Partnership shall include the following:
added
The Secretary (or a designee) to represent the National Park Service.
added
The Secretary of Defense (or a designee) to represent the Corps of Engineers.
added
The Secretary of Agriculture (or a designee) to represent the Forest Service.
added
The Secretary of the Natural Resources Agency of the State (or a designee) to represent—
added
the California Department of Parks and Recreation; and
added
the Rivers and Mountains Conservancy.
added
One designee of the Los Angeles County Board of Supervisors.
added
One designee of the Puente Hills Habitat Preservation Authority.
added
Four designees of the San Gabriel Council of Governments, of whom one shall be selected from a local land conservancy.
added
One designee of the San Gabriel Valley Economic Partnership.
added
One designee of the Los Angeles County Flood Control District.
added
One designee of the San Gabriel Valley Water Association.
added
One designee of the Central Basin Water Association.
added
One designee of the Main San Gabriel Basin Watermaster.
added
One designee of a public utility company, to be appointed by the Secretary.
added
One designee of the Watershed Conservation Authority.
added
One designee of the Advisory Council for the period during which the Advisory Council remains in effect.
added
One designee of San Gabriel Mountains National Monument Community Collaborative.
added
Duties— To advance the purposes described in section 20411, the Partnership shall—
added
make recommendations to the Secretary regarding the development and implementation of the management plan;
added
review and comment on the visitor services plan under section 20419(a)(2), and facilitate the implementation of that plan;
added
assist units of local government, regional planning organizations, and nonprofit organizations in advancing the purposes of the Recreation Area by—
added
carrying out programs and projects that recognize, protect, and enhance important resource values within the Recreation Area;
added
establishing and maintaining interpretive exhibits and programs within the Recreation Area;
added
developing recreational and educational opportunities in the Recreation Area in accordance with the purposes of this subtitle;
added
increasing public awareness of, and appreciation for, natural, historic, scenic, and cultural resources of the Recreation Area;
added
ensuring that signs identifying points of public access and sites of interest are posted throughout the Recreation Area;
added
promoting a wide range of partnerships among governments, organizations, and individuals to advance the purposes of the Recreation Area; and
added
ensuring that management of the Recreation Area takes into consideration—
added
local ordinances and land-use plans; and
added
adjacent residents and property owners;
added
make recommendations to the Secretary regarding the appointment of members to the Advisory Council; and
added
carry out any other actions necessary to achieve the purposes of this subtitle.
added
Authorities— Subject to approval by the Secretary, for the purposes of preparing and implementing the management plan, the Partnership may use Federal funds made available under this section—
added
to make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons;
added
to enter into cooperative agreements with, or provide grants or technical assistance to, the State, political subdivisions of the State, nonprofit organizations, Federal agencies, and other interested parties;
added
to hire and compensate staff;
added
to obtain funds or services from any source, including funds and services provided under any other Federal law or program;
added
to contract for goods or services; and
added
to support activities of partners and any other activities that—
added
advance the purposes of the Recreation Area; and
added
are in accordance with the management plan.
added
Terms of office; reappointment; vacancies—
added
Terms— A member of the Partnership shall be appointed for a term of 3 years.
added
Reappointment— A member may be reappointed to serve on the Partnership on the expiration of the term of service of the member.
added
Vacancy— A vacancy on the Partnership shall be filled in the same manner in which the original appointment was made.
added
Quorum— A quorum shall be 11 members of the Partnership. The operations of the Partnership shall not be impaired by the fact that a member has not yet been appointed as long as a quorum has been attained.
added
Chairperson; procedures— The Partnership shall elect a chairperson and establish such rules and procedures as it deems necessary or desirable.
added
Service without compensation— A member of the Partnership shall serve without compensation.
added
Duties and authorities of secretary—
added
In general— The Secretary shall convene the Partnership on a regular basis to carry out this subtitle.
added
Technical and financial assistance— The Secretary may provide to the Partnership or any member of the Partnership, on a reimbursable or nonreimbursable basis, such technical and financial assistance as the Secretary determines to be appropriate to carry out this subtitle.
added
Cooperative agreements— The Secretary may enter into a cooperative agreement with the Partnership, a member of the Partnership, or any other public or private entity to provide technical, financial, or other assistance to carry out this subtitle.
added
Construction of facilities on non-federal land—
added
In general— In order to facilitate the administration of the Recreation Area, the Secretary is authorized, subject to valid existing rights, to construct administrative or visitor use facilities on land owned by a non-profit organization, local agency, or other public entity in accordance with this title and applicable law (including regulations).
added
Additional requirements— A facility under this paragraph may only be developed—
added
with the consent of the owner of the non-Federal land; and
added
in accordance with applicable Federal, State, and local laws (including regulations) and plans.
added
Priority— The Secretary shall give priority to actions that—
added
conserve the significant natural, historic, cultural, and scenic resources of the Recreation Area; and
added
provide educational, interpretive, and recreational opportunities consistent with the purposes of the Recreation Area.
added
Committees— The Partnership shall establish—
added
a Water Technical Advisory Committee to advise the Secretary regarding water-related issues relating to the Recreation Area; and
added
a Public Safety Advisory Committee to advise the Secretary regarding public safety issues relating to the Recreation Area.
Sec. 20419 Visitor services and facilities
added
added
Visitor services—
added
Purpose— The purpose of this subsection is to facilitate the development of an integrated visitor services plan to improve visitor experiences in the Recreation Area through expanded recreational opportunities and increased interpretation, education, resource protection, and enforcement.
added
Visitor services plan—
added
In general— Not later than 3 years after the date of the enactment of this Act, the Secretary shall develop and carry out an integrated visitor services plan for the Recreation Area in accordance with this paragraph.
added
Contents— The visitor services plan shall—
added
assess current and anticipated future visitation to the Recreation Area, including recreation destinations;
added
consider the demand for various types of recreation (including hiking, picnicking, horseback riding, and the use of motorized and mechanized vehicles), as permissible and appropriate;
added
evaluate the impacts of recreation on natural and cultural resources, water rights and water resource facilities, public roads, adjacent residents and property owners, and utilities within the Recreation Area, as well as the effectiveness of current enforcement and efforts;
added
assess the current level of interpretive and educational services and facilities;
added
include recommendations to—
added
expand opportunities for high-demand recreational activities, in accordance with the purposes described in section 20411;
added
better manage Recreation Area resources and improve the experience of Recreation Area visitors through expanded interpretive and educational services and facilities, and improved enforcement; and
added
better manage Recreation Area resources to reduce negative impacts on the environment, ecology, and integrated water management activities in the Recreation Area;
added
in coordination and consultation with affected owners of non-Federal land, assess options to incorporate recreational opportunities on non-Federal land into the Recreation Area—
added
in manner consistent with the purposes and uses of the non-Federal land; and
added
with the consent of the non-Federal landowner;
added
assess opportunities to provide recreational opportunities that connect with adjacent National Forest System land; and
added
be developed and carried out in accordance with applicable Federal, State, and local laws and ordinances.
added
Consultation— In developing the visitor services plan, the Secretary shall—
added
consult with—
added
the Partnership;
added
the Advisory Council;
added
appropriate State and local agencies; and
added
interested nongovernmental organizations; and
added
involve members of the public.
added
Visitor use facilities—
added
In general— The Secretary may construct visitor use facilities in the Recreation Area.
added
Requirements— Each facility under paragraph (1) shall be developed in accordance with applicable Federal, State, and local—
added
laws (including regulations); and
added
plans.
added
Donations—
added
In general— The Secretary may accept and use donated funds (subject to appropriations), property, in-kind contributions, and services to carry out this subtitle.
added
Prohibition— The Secretary may not use the authority provided by paragraph (1) to accept non-Federal land that has been acquired after the date of the enactment of this Act through the use of eminent domain.
added
Cooperative agreements— In carrying out this subtitle, the Secretary may make grants to, or enter into cooperative agreements with, units of State, Tribal, and local governments and private entities to conduct research, develop scientific analyses, and carry out any other initiative relating to the management of, and visitation to, the Recreation Area.
Sec. 20421 Definitions
addedadded In this subtitle:
added
Secretary— The term Secretary means the Secretary of Agriculture.
added
Wilderness area or addition— The term wilderness area or addition means any wilderness area or wilderness addition designated by section 20423(a).
Sec. 20422 National monument boundary modification
added
added
In general— The San Gabriel Mountains National Monument established by Presidential Proclamation 9194 (54 U.S.C. 320301 note) (referred to in this section as the “Monument”) is modified to include the approximately 109,167 acres of additional National Forest System land depicted as the “Proposed San Gabriel Mountains National Monument Expansion” on the map entitled “Proposed San Gabriel Mountains National Monument Expansion” and dated June 26, 2019.
added
Administration— The Secretary shall administer the San Gabriel Mountains National Monument, including the lands added by subsection (a), in accordance with—
added
Presidential Proclamation 9194, as issued on October 10, 2014 (54 U.S.C. 320301 note);
added
the laws generally applicable to the Monument; and
added
this title.
added
Management plan— Within 3 years after the date of enactment of this Act, the Secretary shall consult with State and local governments and the interested public to update the existing San Gabriel Mountains National Monument Plan to provide management direction and protection for the lands added to the Monument by subsection (a).
Sec. 20423 Designation of Wilderness Areas and Additions
added
added
Designation— In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following parcels of National Forest System land in the State are designated as wilderness and as components of the National Wilderness Preservation System:
added
Condor peak wilderness— Certain Federal land in the Angeles National Forest, comprising approximately 8,207 acres, as generally depicted on the map entitled “Condor Peak Wilderness—Proposed” and dated June 6, 2019, which shall be known as the “Condor Peak Wilderness”.
added
San gabriel wilderness additions— Certain Federal land in the Angeles National Forest, comprising approximately 2,032 acres, as generally depicted on the map entitled “San Gabriel Wilderness Additions” and dated June 6, 2019, which is incorporated in, and considered to be a part of, the San Gabriel Wilderness designated by Public Law 90–318 (16 U.S.C. 1132 note; 82 Stat. 131).
added
Sheep mountain wilderness additions— Certain Federal land in the Angeles National Forest, comprising approximately 13,726 acres, as generally depicted on the map entitled “Sheep Mountain Wilderness Additions” and dated June 6, 2019, which is incorporated in, and considered to be a part of, the Sheep Mountain Wilderness designated by section 101(a)(29) of the California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 1623; Public Law 98–425).
added
Yerba buena wilderness— Certain Federal land in the Angeles National Forest, comprising approximately 6,694 acres, as generally depicted on the map entitled “Yerba Buena Wilderness—Proposed” and dated June 6, 2019, which shall be known as the “Yerba Buena Wilderness”.
added
Map and legal description—
added
In general— As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and a legal description of the wilderness areas and additions with—
added
the Committee on Energy and Natural Resources of the Senate; and
added
the Committee on Natural Resources of the House of Representatives.
added
Force of law— The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical error in the map or legal description.
added
Public availability— The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
Sec. 20424 Administration of Wilderness Areas and Additions
added
added
In general— Subject to valid existing rights, the wilderness areas and additions shall be administered by the Secretary in accordance with this section and the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of the enactment of this Act.
added
Fire management and related activities—
added
In general— The Secretary may take such measures in a wilderness area or addition designated in section 20423 as are necessary for the control of fire, insects, or diseases in accordance with—
added
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); and
added
House Report 98–40 of the 98th Congress.
added
Funding priorities— Nothing in this subtitle limits funding for fire or fuels management in a wilderness area or addition.
added
Revision and development of local fire management plans— As soon as practicable after the date of the enactment of this Act, the Secretary shall amend, as applicable, any local fire management plan that applies to a wilderness area or addition designated in section 20423.
added
Administration— In accordance with paragraph (1) and any other applicable Federal law, to ensure a timely and efficient response to a fire emergency in a wilderness area or addition, the Secretary shall—
added
not later than 1 year after the date of the enactment of this Act, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies; and
added
enter into agreements with appropriate State or local firefighting agencies.
added
Grazing— The grazing of livestock in a wilderness area or addition, if established before the date of the enactment of this Act, shall be administered in accordance with—
added
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
added
the guidelines contained in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405).
added
Fish and wildlife—
added
In general— In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle affects the jurisdiction or responsibility of the State with respect to fish or wildlife on public land in the State.
added
Management activities—
added
In general— In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activity that are necessary to maintain or restore fish or wildlife populations or habitats in the wilderness areas and wilderness additions designated in section 20423, if the management activities are—
added
consistent with relevant wilderness management plans; and
added
conducted in accordance with appropriate policies, such as the policies established in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405).
added
Inclusions— A management activity under subparagraph (A) may include the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values while causing the minimum impact necessary to accomplish those tasks.
added
Existing activities— In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and appropriate policies (such as the policies established in Appendix B of House Report 101–405), the State may use aircraft (including helicopters) in a wilderness area or addition to survey, capture, transplant, monitor, or provide water for a wildlife population, including bighorn sheep.
added
Buffer zones—
added
In general— Congress does not intend for the designation of wilderness areas or wilderness additions by section 20423 to lead to the creation of protective perimeters or buffer zones around each wilderness area or wilderness addition.
added
Activities or uses up to boundaries— The fact that a nonwilderness activities or uses can be seen or heard from within a wilderness area or wilderness addition designated by section 20423 shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area or addition.
added
Military activities— Nothing in this title precludes—
added
low-level overflights of military aircraft over the wilderness areas or wilderness additions designated by section 20423;
added
the designation of new units of special airspace over the wilderness areas or wilderness additions designated by section 20423; or
added
the use or establishment of military flight training routes over wilderness areas or wilderness additions designated by section 20423.
added
Horses— Nothing in this subtitle precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, an area designated as a wilderness area or wilderness addition by section 20423—
added
in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)); and
added
subject to such terms and conditions as the Secretary determines to be necessary.
added
Law enforcement— Nothing in this subtitle precludes any law enforcement or drug interdiction effort within the wilderness areas or wilderness additions designated by section 20423 in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
added
Withdrawal— Subject to valid existing rights, the wilderness areas and additions designated by section 20423 are withdrawn from—
added
all forms of entry, appropriation, and disposal under the public land laws;
added
location, entry, and patent under the mining laws; and
added
operation of the mineral materials and geothermal leasing laws.
added
Incorporation of acquired land and interests— Any land within the boundary of a wilderness area or addition that is acquired by the United States shall—
added
become part of the wilderness area or addition in which the land is located; and
added
be managed in accordance with this section, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable laws (including regulations).
added
Climatological data collection— In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in a wilderness area or addition if the Secretary determines that the facilities and access to the facilities is essential to a flood warning, flood control, or water reservoir operation activity.
added
Authorized events— The Secretary of Agriculture may authorize the Angeles Crest 100 competitive running event to continue in substantially the same manner and degree in which this event was operated and permitted in 2015 within additions to the Sheep Mountain Wilderness in section 20423 of this title and the Pleasant View Ridge Wilderness Area designated by section 1802 of the Omnibus Public Land Management Act of 2009, provided that the event is authorized and conducted in a manner compatible with the preservation of the areas as wilderness.
Sec. 20425 Designation of Wild and Scenic Rivers
added
added
Designation— Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:
added “(__) East Fork San Gabriel River, California—The following segments of the East Fork San Gabriel River, to be administered by the Secretary of Agriculture in the following classes:
added “(A) The 10-mile segment from the confluence of the Prairie Fork and Vincent Gulch to 100 yards upstream of the Heaton Flats trailhead and day use area, as a wild river.
added “(B) The 2.7-mile segment from 100 yards upstream of the Heaton Flats trailhead and day use area to 100 yards upstream of the confluence with Williams Canyon, as a recreational river.
added “(__) North Fork San Gabriel River, California—The 4.3-mile segment of the North Fork San Gabriel River from the confluence with Cloudburst Canyon to 0.25 miles upstream of the confluence with the West Fork San Gabriel River, to be administered by the Secretary of Agriculture as a recreational river.
added “(__) West Fork San Gabriel River, California—The following segments of the West Fork San Gabriel River, to be administered by the Secretary of Agriculture in the following classes:
added “(A) The 6.7-mile segment from 0.25 miles downstream of its source near Red Box Gap in sec. 14, T. 2 N., R. 12 W., to the confluence with the unnamed tributary 0.25 miles downstream of the power lines in sec. 22, T. 2 N., R. 11 W., as a recreational river.
added “(B) The 1.6-mile segment of the West Fork from 0.25 miles downstream of the powerlines in sec. 22, T. 2 N., R. 11 W., to the confluence with Bobcat Canyon, as a wild river.
added “(__) Little Rock Creek, California—The following segments of Little Rock Creek and tributaries, to be administered by the Secretary of Agriculture in the following classes:
added “(A) The 10.3-mile segment from its source on Mt. Williamson in sec. 6, T. 3 N., R. 9 W., to 100 yards upstream of the confluence with the South Fork Little Rock Creek, as a wild river.
added “(B) The 6.6-mile segment from 100 yards upstream of the confluence with the South Fork Little Rock Creek to the confluence with Santiago Canyon, as a recreational river.
added “(C) The 1-mile segment of Cooper Canyon Creek from 0.25 miles downstream of Highway 2 to 100 yards downstream of Cooper Canyon Campground, as a scenic river.
added “(D) The 1.3-mile segment of Cooper Canyon Creek from 100 yards downstream of Cooper Canyon Campground to the confluence with Little Rock Creek, as a wild river.
added “(E) The 1-mile segment of Buckhorn Creek from 100 yards downstream of the Buckhorn Campground to its confluence with Cooper Canyon Creek, as a wild river.”
added
Water resource facilities; and water use—
added
Water resource facilities—
added
Definition— In this section, the term water resource facility means irrigation and pumping facilities, dams and reservoirs, flood control facilities, water conservation works and facilities, including debris protection facilities, sediment placement sites, rain gauges and stream gauges, water quality facilities, recycled water facilities and water pumping, conveyance distribution systems, water storage tanks and reservoirs, and water treatment facilities, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, groundwater recharge facilities, water conservation, water filtration plants, and other water diversion, conservation, groundwater recharge, storage, and carriage structures.
added
No effect on existing water resource facilities— Nothing in this section shall alter, modify, or affect—
added
the use, operation, maintenance, repair, construction, destruction, reconfiguration, expansion, relocation or replacement of a water resource facility downstream of a wild and scenic river segment designated by this section, provided that the physical structures of such facilities or reservoirs shall not be located within the river areas designated in this section; or
added
access to a water resource facility downstream of a wild and scenic river segment designated by this section.
added
No effect on new water resource facilities— Nothing in this section shall preclude the establishment of a new water resource facilities (including instream sites, routes, and areas) downstream of a wild and scenic river segment.
added
Limitation— Any new reservation of water or new use of water pursuant to existing water rights held by the United States to advance the purposes of the National Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) shall be for nonconsumptive instream use only within the segments designated by this section.
added
Existing law— Nothing in this section affects the implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Sec. 20426 Water rights
added
added
Statutory construction— Nothing in this title, and no action to implement this title—
added
shall constitute an express or implied reservation of any water or water right, or authorizing an expansion of water use pursuant to existing water rights held by the United States, with respect to the San Gabriel Mountains National Monument, the land designated as a wilderness area or wilderness addition by section 20423 or land adjacent to the wild and scenic river segments designated by the amendment made by section 20425;
added
shall affect, alter, modify, or condition any water rights in the State in existence on the date of the enactment of this Act, including any water rights held by the United States;
added
shall be construed as establishing a precedent with regard to any future wilderness or wild and scenic river designations;
added
shall affect, alter, or modify the interpretation of, or any designation, decision, adjudication or action made pursuant to, any other Act; or
added
shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportions water among or between the State and any other State.
added
State water law— The Secretary shall comply with applicable procedural and substantive requirements of the law of the State in order to obtain and hold any water rights not in existence on the date of the enactment of this Act with respect to the San Gabriel Mountains National Monument, wilderness areas and wilderness additions designated by section 20423, and the wild and scenic rivers designated by amendment made by section 20425.
Sec. 20501 Short title
addedadded This title may be cited as the “Rim of the Valley Corridor Preservation Act”.
Sec. 20502 Boundary adjustment; land acquisition; administration
added
added
Boundary adjustment— Section 507(c)(1) of the National Parks and Recreation Act of 1978 (16 U.S.C. 460kk(c)(1)) is amended in the first sentence by striking “, which shall” and inserting “ and generally depicted as “Rim of the Valley Unit Proposed Addition” on the map entitled “Rim of the Valley Unit—Santa Monica Mountains National Recreation Area”, numbered 638/147,723, and dated September 2018. Both maps shall”.
added
Rim of the valley unit— Section 507 of the National Parks and Recreation Act of 1978 (16 U.S.C. 460kk) is amended by adding at the end the following:
added “(u) Rim of the valley unit
added “(1) Not later than 3 years after the date of the enactment of this subsection, the Secretary shall update the general management plan for the recreation area to reflect the boundaries designated on the map referred to in subsection (c)(1) as the “Rim of the Valley Unit” (hereafter in the subsection referred to as the “Rim of the Valley Unit”). Subject to valid existing rights, the Secretary shall administer the Rim of the Valley Unit, and any land or interest in land acquired by the United States and located within the boundaries of the Rim of the Valley Unit, as part of the recreation area in accordance with the provisions of this section and applicable laws and regulations.
added “(2) The Secretary may acquire non-Federal land within the boundaries of the Rim of the Valley Unit only through exchange, donation, or purchase from a willing seller. Nothing in this subsection authorizes the use of eminent domain to acquire land or interests in land.
added “(3) Nothing in this subsection or the application of the management plan for the Rim of the Valley Unit shall be construed to—
added “(A) modify any provision of Federal, State, or local law with respect to public access to or use of non-Federal land;
added “(B) create any liability, or affect any liability under any other law, of any private property owner or other owner of non-Federal land with respect to any person injured on private property or other non-Federal land;
added “(C) affect the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land);
added “(D) require any local government to participate in any program administered by the Secretary;
added “(E) alter, modify, or diminish any right, responsibility, power, authority, jurisdiction, or entitlement of the State, any political subdivision of the State, or any State or local agency under existing Federal, State, and local law (including regulations);
added “(F) require the creation of protective perimeters or buffer zones, and the fact that certain activities or land can be seen or heard from within the Rim of the Valley Unit shall not, of itself, preclude the activities or land uses up to the boundary of the Rim of the Valley Unit;
added “(G) require or promote use of, or encourage trespass on, lands, facilities, and rights-of-way owned by non-Federal entities, including water resource facilities and public utilities, without the written consent of the owner;
added “(H) affect the operation, maintenance, modification, construction, or expansion of any water resource facility or utility facility located within or adjacent to the Rim of the Valley Unit;
added “(I) terminate the fee title to lands or customary operation, maintenance, repair, and replacement activities on or under such lands granted to public agencies that are authorized pursuant to Federal or State statute;
added “(J) interfere with, obstruct, hinder, or delay the exercise of any right to, or access to any water resource facility or other facility or property necessary or useful to access any water right to operate any public water or utility system;
added “(K) require initiation or reinitiation of consultation with the United States Fish and Wildlife Service under, or the application of provisions of, the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), or division A of subtitle III of title 54, United States Code, concerning any action or activity affecting water, water rights or water management or water resource facilities within the Rim of the Valley Unit; or
added “(L) limit the Secretary’s ability to update applicable fire management plans, which may consider fuels management strategies including managed natural fire, prescribed fires, non-fire mechanical hazardous fuel reduction activities, or post-fire remediation of damage to natural and cultural resources.
added “(4) The activities of a utility facility or water resource facility shall take into consideration ways to reasonably avoid or reduce the impact on the resources of the Rim of the Valley Unit.
added “(5) For the purpose of paragraph (4)—
added “(A) the term utility facility means electric substations, communication facilities, towers, poles, and lines, ground wires, communications circuits, and other structures, and related infrastructure; and
added “(B) the term water resource facility means irrigation and pumping facilities; dams and reservoirs; flood control facilities; water conservation works, including debris protection facilities, sediment placement sites, rain gauges, and stream gauges; water quality, recycled water, and pumping facilities; conveyance distribution systems; water treatment facilities; aqueducts; canals; ditches; pipelines; wells; hydropower projects; transmission facilities; and other ancillary facilities, groundwater recharge facilities, water conservation, water filtration plants, and other water diversion, conservation, groundwater recharge, storage, and carriage structures.”
Sec. 20601 Short title
addedadded This title may be cited as the “Wild Olympics Wilderness and Wild and Scenic Rivers Act”.
Sec. 20602 Designation of olympic national forest wilderness areas
added
added
In general— In furtherance of the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land in the Olympic National Forest in the State of Washington comprising approximately 126,554 acres, as generally depicted on the map entitled “Proposed Wild Olympics Wilderness and Wild and Scenic Rivers Act” and dated April 8, 2019 (referred to in this section as the “map”), is designated as wilderness and as components of the National Wilderness Preservation System:
added
Lost creek wilderness— Certain Federal land managed by the Forest Service, comprising approximately 7,159 acres, as generally depicted on the map, which shall be known as the “Lost Creek Wilderness”.
added
Rugged ridge wilderness— Certain Federal land managed by the Forest Service, comprising approximately 5,956 acres, as generally depicted on the map, which shall be known as the “Rugged Ridge Wilderness”.
added
Alckee creek wilderness— Certain Federal land managed by the Forest Service, comprising approximately 1,787 acres, as generally depicted on the map, which shall be known as the “Alckee Creek Wilderness”.
added
Gates of the elwha wilderness— Certain Federal land managed by the Forest Service, comprising approximately 5,669 acres, as generally depicted on the map, which shall be known as the “Gates of the Elwha Wilderness”.
added
Buckhorn wilderness additions— Certain Federal land managed by the Forest Service, comprising approximately 21,965 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the “Buckhorn Wilderness”, as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–339).
added
Green mountain wilderness— Certain Federal land managed by the Forest Service, comprising approximately 4,790 acres, as generally depicted on the map, which shall be known as the “Green Mountain Wilderness”.
added
The brothers wilderness additions— Certain land managed by the Forest Service, comprising approximately 8,625 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the “The Brothers Wilderness”, as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–339).
added
Mount skokomish wilderness additions— Certain land managed by the Forest Service, comprising approximately 8,933 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the “Mount Skokomish Wilderness”, as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–339).
added
Wonder mountain wilderness additions— Certain land managed by the Forest Service, comprising approximately 26,517 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the “Wonder Mountain Wilderness”, as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–339).
added
Moonlight dome wilderness— Certain Federal land managed by the Forest Service, comprising approximately 9,117 acres, as generally depicted on the map, which shall be known as the “Moonlight Dome Wilderness”.
added
South quinault ridge wilderness— Certain Federal land managed by the Forest Service, comprising approximately 10,887 acres, as generally depicted on the map, which shall be known as the “South Quinault Ridge Wilderness”.
added
Colonel bob wilderness additions— Certain Federal land managed by the Forest Service, comprising approximately 353 acres, as generally depicted on the map, is incorporated in, and shall be managed as part of, the “Colonel Bob Wilderness”, as designated by section 3 of the Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–339).
added
Sam’s river wilderness— Certain Federal land managed by the Forest Service, comprising approximately 13,418 acres, as generally depicted on the map, which shall be known as the “Sam’s River Wilderness”.
added
Canoe creek wilderness— Certain Federal land managed by the Forest Service, comprising approximately 1,378 acres, as generally depicted on the map, which shall be known as the “Canoe Creek Wilderness”.
added
Administration—
added
Management— Subject to valid existing rights, the land designated as wilderness by subsection (a) shall be administered by the Secretary of Agriculture (referred to in this section as the “Secretary”), in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act.
added
Map and description—
added
In general— As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the land designated as wilderness by subsection (a) with—
added
the Committee on Natural Resources of the House of Representatives; and
added
the Committee on Energy and Natural Resources of the Senate.
added
Effect— Each map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this title, except that the Secretary may correct minor errors in the map and legal description.
added
Public availability— Each map and legal description filed under subparagraph (A) shall be filed and made available for public inspection in the appropriate office of the Forest Service.
added
Potential wilderness—
added
In general— In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land managed by the Forest Service, comprising approximately 5,346 acres as identified as “Potential Wilderness” on the map, is designated as potential wilderness.
added
Designation as wilderness— On the date on which the Secretary publishes in the Federal Register notice that any nonconforming uses in the potential wilderness designated by paragraph (1) have terminated, the potential wilderness shall be—
added
designated as wilderness and as a component of the National Wilderness Preservation System; and
added
incorporated into the adjacent wilderness area.
added
Adjacent management—
added
No protective perimeters or buffer zones— The designations in this section shall not create a protective perimeter or buffer zone around any wilderness area.
added
Nonconforming uses permitted outside of boundaries of wilderness areas— Any activity or use outside of the boundary of any wilderness area designated under this section shall be permitted even if the activity or use would be seen or heard within the boundary of the wilderness area.
added
Fire, insects, and diseases— The Secretary may take such measures as are necessary to control fire, insects, and diseases, in the wilderness areas designated by this section, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and subject to such terms and conditions as the Secretary determines to be appropriate.
Sec. 20603 Wild and scenic river designations
added
added
In general— Section 3(a) of the National Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:
added “(231) Elwha river, washington—The approximately 29.0-mile segment of the Elwha River and tributaries from the source to Cat Creek, to be administered by the Secretary of the Interior as a wild river.
added “(232) Dungeness river, washington—The segment of the Dungeness River from the headwaters to the State of Washington Department of Natural Resources land in T. 29 N., R. 4 W., sec. 12, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, including the following segments of the mainstem and major tributary the Gray Wolf River, in the following classes:
added “(A) The approximately 5.8-mile segment of the Dungeness River from the headwaters to the 2870 Bridge, as a wild river.
added “(B) The approximately 2.1-mile segment of the Dungeness River from the 2870 Bridge to Silver Creek, as a scenic river.
added “(C) The approximately 2.7-mile segment of the Dungeness River from Silver Creek to Sleepy Hollow Creek, as a wild river.
added “(D) The approximately 6.3-mile segment of the Dungeness River from Sleepy Hollow Creek to the Olympic National Forest boundary, as a scenic river.
added “(E) The approximately 1.9-mile segment of the Dungeness River from the National Forest boundary to the State of Washington Department of Natural Resources land in T. 29 N., R. 4 W., sec. 12, to be administered as a recreational river through a cooperative management agreement between the State of Washington and the Secretary of Agriculture as provided in section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e)).
added “(F) The approximately 16.1-mile segment of the Gray Wolf River from the headwaters to the 2870 Bridge, as a wild river.
added “(G) The approximately 1.1-mile segment of the Gray Wolf River from the 2870 Bridge to the confluence with the Dungeness River, as a scenic river.
added “(233) Big quilcene river, washington—The segment of the Big Quilcene River from the headwaters to the City of Port Townsend water intake facility, to be administered by the Secretary of Agriculture, in the following classes:
added “(A) The approximately 4.4-mile segment from the headwaters to the Buckhorn Wilderness boundary, as a wild river.
added “(B) The approximately 5.3-mile segment from the Buckhorn Wilderness boundary to the City of Port Townsend water intake facility, as a scenic river.
added “(C) Section 7(a), with respect to the licensing of dams, water conduits, reservoirs, powerhouses, transmission lines, or other project works, shall apply to the approximately 5-mile segment from the City of Port Townsend water intake facility to the Olympic National Forest boundary.
added “(234) Dosewallips river, washington—The segment of the Dosewallips River from the headwaters to the private land in T. 26 N., R. 3 W., sec. 15, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, in the following classes:
added “(A) The approximately 12.9-mile segment from the headwaters to Station Creek, as a wild river.
added “(B) The approximately 6.8-mile segment from Station Creek to the private land in T. 26 N., R. 3 W., sec. 15, as a scenic river.
added “(235) Duckabush river, washington—The segment of the Duckabush River from the headwaters to the private land in T. 25 N., R. 3 W., sec. 1, to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, in the following classes:
added “(A) The approximately 19.0-mile segment from the headwaters to the Brothers Wilderness boundary, as a wild river.
added “(B) The approximately 1.9-mile segment from the Brothers Wilderness boundary to the private land in T. 25 N., R. 3 W., sec. 1, as a scenic river.
added “(236) Hamma hamma river, washington—The segment of the Hamma Hamma River from the headwaters to the eastern edge of the NW1⁄4 sec. 21, T. 24 N., R. 3 W., to be administered by the Secretary of Agriculture, in the following classes:
added “(A) The approximately 3.1-mile segment from the headwaters to the Mt. Skokomish Wilderness boundary, as a wild river.
added “(B) The approximately 5.8-mile segment from the Mt. Skokomish Wilderness boundary to Lena Creek, as a scenic river.
added “(C) The approximately 6.8-mile segment from Lena Creek to the eastern edge of the NW1⁄4 sec. 21, T. 24 N., R. 3 W., to be administered as a recreational river through a cooperative management agreement between the State of Washington and the Secretary of Agriculture as provided in section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e)).
added “(237) South fork skokomish river, washington—The segment of the South Fork Skokomish River from the headwaters to the Olympic National Forest boundary to be administered by the Secretary of Agriculture, in the following classes:
added “(A) The approximately 6.7-mile segment from the headwaters to Church Creek, as a wild river.
added “(B) The approximately 8.3-mile segment from Church Creek to LeBar Creek, as a scenic river.
added “(C) The approximately 4.0-mile segment from LeBar Creek to upper end of gorge in the NW1⁄4 sec. 22, T. 22 N., R. 5 W., as a recreational river.
added “(D) The approximately 6.0-mile segment from the upper end of the gorge to the Olympic National Forest boundary, as a scenic river.
added “(238) Middle fork satsop river, washington—The approximately 7.9-mile segment of the Middle Fork Satsop River from the headwaters to the Olympic National Forest boundary, to be administered by the Secretary of Agriculture, as a scenic river.
added “(239) West fork satsop river, washington—The approximately 8.2-mile segment of the West Fork Satsop River from the headwaters to the Olympic National Forest boundary, to be administered by the Secretary of Agriculture, as a scenic river.
added “(240) Wynoochee river, washington—The segment of the Wynoochee River from the headwaters to the head of Wynoochee Reservoir to be administered by the Secretary of Agriculture, except that portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, in the following classes:
added “(A) The approximately 2.5-mile segment from the headwaters to the boundary of the Wonder Mountain Wilderness, as a wild river.
added “(B) The approximately 7.4-mile segment from the boundary of the Wonder Mountain Wilderness to the head of Wynoochee Reservoir, as a recreational river.
added “(241) East fork humptulips river, washington—The segment of the East Fork Humptulips River from the headwaters to the Olympic National Forest boundary to be administered by the Secretary of Agriculture, in the following classes:
added “(A) The approximately 7.4-mile segment from the headwaters to the Moonlight Dome Wilderness boundary, as a wild river.
added “(B) The approximately 10.3-mile segment from the Moonlight Dome Wilderness boundary to the Olympic National Forest boundary, as a scenic river.
added “(242) West fork humptulips river, washington—The approximately 21.4-mile segment of the West Fork Humptulips River from the headwaters to the Olympic National Forest Boundary, to be administered by the Secretary of Agriculture, as a scenic river.
added “(243) Quinault river, washington—The segment of the Quinault River from the headwaters to private land in T. 24 N., R. 8 W., sec. 33, to be administered by the Secretary of the Interior, in the following classes:
added “(A) The approximately 16.5-mile segment from the headwaters to Graves Creek, as a wild river.
added “(B) The approximately 6.7-mile segment from Graves Creek to Cannings Creek, as a scenic river.
added “(C) The approximately 1.0-mile segment from Cannings Creek to private land in T. 24 N., R. 8 W., sec. 33, as a recreational river.
added “(244) Queets river, washington—The segment of the Queets River from the headwaters to the Olympic National Park boundary to be administered by the Secretary of the Interior, except that portions of the river outside the boundaries of Olympic National Park shall be administered by the Secretary of Agriculture, including the following segments of the mainstem and certain tributaries in the following classes:
added “(A) The approximately 28.6-mile segment of the Queets River from the headwaters to the confluence with Sams River, as a wild river.
added “(B) The approximately 16.0-mile segment of the Queets River from the confluence with Sams River to the Olympic National Park boundary, as a scenic river.
added “(C) The approximately 15.7-mile segment of the Sams River from the headwaters to the confluence with the Queets River, as a scenic river.
added “(D) The approximately 17.7-mile segment of Matheny Creek from the headwaters to the confluence with the Queets River, to be administered as a scenic river through a cooperative management agreement between the State of Washington and the Secretary of Agriculture as provided in section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e)).
added “(245) Hoh river, washington—The segment of the Hoh River and the major tributary South Fork Hoh from the headwaters to Olympic National Park boundary, to be administered by the Secretary of the Interior, in the following classes:
added “(A) The approximately 20.7-mile segment of the Hoh River from the headwaters to Jackson Creek, as a wild river.
added “(B) The approximately 6.0-mile segment of the Hoh River from Jackson Creek to the Olympic National Park boundary, as a scenic river.
added “(C) The approximately 13.8-mile segment of the South Fork Hoh River from the headwaters to the Olympic National Park boundary, as a wild river.
added “(D) The approximately 4.6-mile segment of the South Fork Hoh River from the Olympic National Park boundary to the Washington State Department of Natural Resources boundary in T. 27 N., R. 10 W., sec. 29, to be administered as a recreational river through a cooperative management agreement between the State of Washington and the Secretary of Agriculture as provided in section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e)).
added “(246) Bogachiel river, washington—The approximately 25.6-mile segment of the Bogachiel River from the source to the Olympic National Park boundary, to be administered by the Secretary of the Interior, as a wild river.
added “(247) South fork calawah river, washington—The segment of the South Fork Calawah River and the major tributary Sitkum River from the headwaters to Hyas Creek to be administered by the Secretary of Agriculture, except those portions of the river within the boundaries of Olympic National Park shall be administered by the Secretary of the Interior, including the following segments in the following classes:
added “(A) The approximately 15.7-mile segment of the South Fork Calawah River from the headwaters to the Sitkum River, as a wild river.
added “(B) The approximately 0.9-mile segment of the South Fork Calawah River from the Sitkum River to Hyas Creek, as a scenic river.
added “(C) The approximately 1.6-mile segment of the Sitkum River from the headwaters to the Rugged Ridge Wilderness boundary, as a wild river.
added “(D) The approximately 11.9-mile segment of the Sitkum River from the Rugged Ridge Wilderness boundary to the confluence with the South Fork Calawah, as a scenic river.
added “(248) Sol duc river, washington—The segment of the Sol Duc River from the headwaters to the Olympic National Park boundary to be administered by the Secretary of the Interior, including the following segments of the mainstem and certain tributaries in the following classes:
added “(A) The approximately 7.0-mile segment of the Sol Duc River from the headwaters to the end of Sol Duc Hot Springs Road, as a wild river.
added “(B) The approximately 10.8-mile segment of the Sol Duc River from the end of Sol Duc Hot Springs Road to the Olympic National Park boundary, as a scenic river.
added “(C) The approximately 14.2-mile segment of the North Fork Sol Duc River from the headwaters to the Olympic Hot Springs Road bridge, as a wild river.
added “(D) The approximately 0.2-mile segment of the North Fork Sol Duc River from the Olympic Hot Springs Road bridge to the confluence with the Sol Duc River, as a scenic river.
added “(E) The approximately 8.0-mile segment of the South Fork Sol Duc River from the headwaters to the confluence with the Sol Duc River, as a scenic river.
added “(249) Lyre river, washington—The approximately 0.2-mile segment of the Lyre River from Lake Crescent to the Olympic National Park boundary, to be administered by the Secretary of the Interior as a scenic river.”
added
Effect— The amendment made by subsection (a) does not affect valid existing water rights.
added
Updates to land and resource management plans—
added
In general— Except as provided in paragraph (2), not later than 3 years after the date of the enactment of this Act, the Secretary of Agriculture shall, with respect to the designations made under subsection (a) on lands under the jurisdiction of the Secretary, incorporate such designations into updated management plans for units of the National Forest System in accordance with applicable laws (including regulations).
added
Exception— The date specified in paragraph (1) shall be 5 years after the date of the enactment of this Act if the Secretary of Agriculture—
added
is unable to meet the requirement under such paragraph by the date specified in such paragraph; and
added
not later than 3 years after the date of the enactment of this Act, includes in the Department of Agriculture annual budget submission to Congress a request for additional sums as may be necessary to meet the requirement of such paragraph.
added
Comprehensive management plan requirements— Updated management plans under paragraph (1) or (2) satisfy the requirements under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
Sec. 20604 Existing rights and withdrawal
added
added
In general— In accordance with section 12(b) of the National Wild and Scenic Rivers Act (16 U.S.C. 1283(b)), nothing in this title or the amendment made by section 20603(a) affects or abrogates existing rights, privileges, or contracts held by private parties, nor does this title in any way modify or direct the management, acquisition, or disposition of lands managed by the Washington Department of Natural Resources on behalf of the State of Washington.
added
Withdrawal— Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by this title and the amendment made by section 20603(a) is withdrawn from all forms of—
added
entry, appropriation, or disposal under the public land laws;
added
location, entry, and patent under the mining laws; and
added
disposition under all laws relating to mineral and geothermal leasing or mineral materials.
Sec. 20605 Treaty rights
addedadded Nothing in this title alters, modifies, diminishes, or extinguishes the reserved treaty rights of any Indian tribe with hunting, fishing, gathering, and cultural or religious rights in the Olympic National Forest as protected by a treaty.
Sec. 20701 Study on Flood Risk Mitigation
addedadded The Comptroller General shall conduct a study to determine the contributions of wilderness designations under this division to protections to flood risk mitigation in residential areas.
Sec. 20801 Promoting health and wellness for veterans and servicemembers
addedadded The Secretary of Interior and the Secretary of Agriculture are encouraged to ensure servicemember and veteran access to public lands designed by this division for the purposes of outdoor recreation and to participate in outdoor-related volunteer and wellness programs.
Sec. 20802 Fire, insects, and diseases
addedadded Nothing in this division may be construed to limit the authority of the Secretary of the Interior or the Secretary of Agriculture under section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), in accordance with existing laws (including regulations).
Sec. 20803 Military activities
addedadded Nothing in this division precludes—
added
low-level overflights of military aircraft over wilderness areas;
added
the designation of new units of special airspace over wilderness areas; or
added
the establishment of military flight training routes over wilderness areas.
Sec. 21001 Short title
addedadded This division may be cited as the “Colorado Outdoor Recreation and Economy Act”.
Sec. 21002 Definition of State
addedadded In this division, the term State means the State of Colorado.
Sec. 21101 Definitions
addedadded In this title:
added
Covered area— The term covered area means any area designated as wilderness by the amendments to section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) made by section 21102(a).
added
Historic landscape— The term Historic Landscape means the Camp Hale National Historic Landscape designated by section 21107(a).
added
Recreation management area— The term Recreation Management Area means the Tenmile Recreation Management Area designated by section 21104(a).
added
Secretary— The term Secretary means the Secretary of Agriculture.
added
Wildlife conservation area— The term Wildlife Conservation Area means, as applicable—
added
the Porcupine Gulch Wildlife Conservation Area designated by section 21105(a); and
added
the Williams Fork Mountains Wildlife Conservation Area designated by section 21106(a).
Sec. 21102 Colorado Wilderness additions
added
added
Designation— Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) is amended—
added
in paragraph (18), by striking “1993,” and inserting “1993, and certain Federal land within the White River National Forest that comprises approximately 6,896 acres, as generally depicted as “Proposed Ptarmigan Peak Wilderness Additions” on the map entitled “Proposed Ptarmigan Peak Wilderness Additions” and dated June 24, 2019,”; and
added
by adding at the end the following:
added “(23) Holy cross wilderness addition—Certain Federal land within the White River National Forest that comprises approximately 3,866 acres, as generally depicted as “Proposed Megan Dickie Wilderness Addition” on the map entitled “Holy Cross Wilderness Addition Proposal” and dated June 24, 2019, which shall be incorporated into, and managed as part of, the Holy Cross Wilderness designated by section 102(a)(5) of Public Law 96–560 (94 Stat. 3266).
added “(24) Hoosier ridge wilderness—Certain Federal land within the White River National Forest that comprises approximately 5,235 acres, as generally depicted as ‘Proposed Hoosier Ridge Wilderness’ on the map entitled “Tenmile Proposal” and dated June 24, 2019, which shall be known as the “Hoosier Ridge Wilderness”.
added “(25) Tenmile wilderness—Certain Federal land within the White River National Forest that comprises approximately 7,624 acres, as generally depicted as “Proposed Tenmile Wilderness” on the map entitled “Tenmile Proposal” and dated June 24, 2019, which shall be known as the “Tenmile Wilderness”.
added “(26) Eagles nest wilderness additions—Certain Federal land within the White River National Forest that comprises approximately 9,670 acres, as generally depicted as “Proposed Freeman Creek Wilderness Addition” and “Proposed Spraddle Creek Wilderness Addition” on the map entitled “Eagles Nest Wilderness Additions Proposal” and dated June 24, 2019, which shall be incorporated into, and managed as part of, the Eagles Nest Wilderness designated by Public Law 94–352 (90 Stat. 870).”
added
Applicable law— Any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act for purposes of administering a covered area.
added
Fire, insects, and diseases— In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may carry out any activity in a covered area that the Secretary determines to be necessary for the control of fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate.
added
Grazing— The grazing of livestock on a covered area, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered to be necessary by the Secretary, in accordance with—
added
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
added
the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405).
added
Coordination— For purposes of administering the Federal land designated as wilderness by paragraph (26) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) (as added by subsection (a)(2)), the Secretary shall, as determined to be appropriate for the protection of watersheds, coordinate the activities of the Secretary in response to fires and flooding events with interested State and local agencies, including operations using aircraft or mechanized equipment.
Sec. 21103 Williams Fork Mountains Wilderness
added
added
Designation— In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land in the White River National Forest in the State, comprising approximately 8,036 acres and generally depicted as “Proposed Williams Fork Mountains Wilderness” on the map entitled “Williams Fork Mountains Proposal” and dated June 24, 2019, is designated as a potential wilderness area.
added
Management— Subject to valid existing rights and except as provided in subsection (d), the potential wilderness area designated by subsection (a) shall be managed in accordance with—
added
the Wilderness Act (16 U.S.C. 1131 et seq.); and
added
this section.
added
Livestock use of vacant allotments—
added
In general— Not later than 3 years after the date of enactment of this Act, in accordance with applicable laws (including regulations), the Secretary shall publish a determination regarding whether to authorize livestock grazing or other use by livestock on the vacant allotments known as—
added
the “Big Hole Allotment”; and
added
the “Blue Ridge Allotment”.
added
Modification of allotments— In publishing a determination pursuant to paragraph (1), the Secretary may modify or combine the vacant allotments referred to in that paragraph.
added
Permit or other authorization— Not later than 1 year after the date on which a determination of the Secretary to authorize livestock grazing or other use by livestock is published under paragraph (1), if applicable, the Secretary shall grant a permit or other authorization for that livestock grazing or other use in accordance with applicable laws (including regulations).
added
Range improvements—
added
In general— If the Secretary permits livestock grazing or other use by livestock on the potential wilderness area under subsection (c), the Secretary, or a third party authorized by the Secretary, may use any motorized or mechanized transport or equipment for purposes of constructing or rehabilitating such range improvements as are necessary to obtain appropriate livestock management objectives (including habitat and watershed restoration).
added
Termination of authority— The authority provided by this subsection terminates on the date that is 2 years after the date on which the Secretary publishes a positive determination under subsection (c)(3).
added
Designation as wilderness—
added
Designation— The potential wilderness area designated by subsection (a) shall be designated as wilderness, to be known as the “Williams Fork Mountains Wilderness”—
added
effective not earlier than the date that is 180 days after the date of enactment this Act; and
added
on the earliest of—
added
the date on which the Secretary publishes in the Federal Register a notice that the construction or rehabilitation of range improvements under subsection (d) is complete;
added
the date described in subsection (d)(2); and
added
the effective date of a determination of the Secretary not to authorize livestock grazing or other use by livestock under subsection (c)(1).
added
Administration— Subject to valid existing rights, the Secretary shall manage the Williams Fork Mountains Wilderness in accordance with—
added
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77); and
added
this title.
Sec. 21104 Tenmile Recreation Management Area
added
added
Designation— Subject to valid existing rights, the approximately 17,122 acres of Federal land in the White River National Forest in the State, as generally depicted as “Proposed Tenmile Recreation Management Area” on the map entitled “Tenmile Proposal” and dated June 24, 2019, are designated as the “Tenmile Recreation Management Area”.
added
Purposes— The purposes of the Recreation Management Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the recreational, scenic, watershed, habitat, and ecological resources of the Recreation Management Area.
added
Management—
added
In general— The Secretary shall manage the Recreation Management Area—
added
in a manner that conserves, protects, and enhances—
added
the purposes of the Recreation Management Area described in subsection (b); and
added
recreation opportunities, including mountain biking, hiking, fishing, horseback riding, snowshoeing, climbing, skiing, camping, and hunting; and
added
in accordance with—
added
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);
added
any other applicable laws (including regulations); and
added
this section.
added
Uses—
added
In general— The Secretary shall only allow such uses of the Recreation Management Area as the Secretary determines would further the purposes described in subsection (b).
added
Vehicles—
added
In general— Except as provided in clause (iii), the use of motorized vehicles in the Recreation Management Area shall be limited to the roads, vehicle classes, and periods authorized for motorized vehicle use on the date of enactment of this Act.
added
New or temporary roads— Except as provided in clause (iii), no new or temporary road shall be constructed in the Recreation Management Area.
added
Exceptions— Nothing in clause (i) or (ii) prevents the Secretary from—
added
rerouting or closing an existing road or trail to protect natural resources from degradation, as the Secretary determines to be appropriate;
added
authorizing the use of motorized vehicles for administrative purposes or roadside camping;
added
constructing temporary roads or permitting the use of motorized vehicles to carry out pre- or post-fire watershed protection projects;
added
authorizing the use of motorized vehicles to carry out any activity described in subsection (d), (e)(1), or (f); or
added
responding to an emergency.
added
Commercial timber—
added
In general— Subject to clause (ii), no project shall be carried out in the Recreation Management Area for the purpose of harvesting commercial timber.
added
Limitation— Nothing in clause (i) prevents the Secretary from harvesting or selling a merchantable product that is a byproduct of an activity authorized under this section.
added
Fire, insects, and diseases— The Secretary may carry out any activity, in accordance with applicable laws (including regulations), that the Secretary determines to be necessary to prevent, control, or mitigate fire, insects, or disease in the Recreation Management Area, subject to such terms and conditions as the Secretary determines to be appropriate.
added
Water—
added
Effect on water management infrastructure— Nothing in this section affects the construction, repair, reconstruction, replacement, operation, maintenance, or renovation within the Recreation Management Area of—
added
water management infrastructure in existence on the date of enactment of this Act; or
added
any future infrastructure necessary for the development or exercise of water rights decreed before the date of enactment of this Act.
added
Applicable law— Section 3(e) of the James Peak Wilderness and Protection Area Act (Public Law 107–216; 116 Stat. 1058) shall apply to the Recreation Management Area.
added
Regional transportation projects— Nothing in this section precludes the Secretary from authorizing, in accordance with applicable laws (including regulations), the use or leasing of Federal land within the Recreation Management Area for—
added
a regional transportation project, including—
added
highway widening or realignment; and
added
construction of multimodal transportation systems; or
added
any infrastructure, activity, or safety measure associated with the implementation or use of a facility constructed under paragraph (1).
added
Applicable law— Nothing in this section affects the designation of the Federal land within the Recreation Management Area for purposes of—
added
section 138 of title 23, United States Code; or
added
section 303 of title 49, United States Code.
added
Permits— Nothing in this section alters or limits—
added
any permit held by a ski area or other entity; or
added
the acceptance, review, or implementation of associated activities or facilities proposed or authorized by law or permit outside the boundaries of the Recreation Management Area.
Sec. 21105 Porcupine Gulch Wildlife Conservation Area
added
added
Designation— Subject to valid existing rights, the approximately 8,287 acres of Federal land located in the White River National Forest, as generally depicted as “Proposed Porcupine Gulch Wildlife Conservation Area” on the map entitled “Porcupine Gulch Wildlife Conservation Area Proposal” and dated June 24, 2019, are designated as the “Porcupine Gulch Wildlife Conservation Area” (referred to in this section as the “Wildlife Conservation Area”).
added
Purposes— The purposes of the Wildlife Conservation Area are—
added
to conserve and protect a wildlife migration corridor over Interstate 70; and
added
to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the wildlife, scenic, roadless, watershed, and ecological resources of the Wildlife Conservation Area.
added
Management—
added
In general— The Secretary shall manage the Wildlife Conservation Area—
added
in a manner that conserves, protects, and enhances the purposes described in subsection (b); and
added
in accordance with—
added
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);
added
any other applicable laws (including regulations); and
added
this section.
added
Uses—
added
In general— The Secretary shall only allow such uses of the Wildlife Conservation Area as the Secretary determines would further the purposes described in subsection (b).
added
Recreation— The Secretary may permit such recreational activities in the Wildlife Conservation Area that the Secretary determines are consistent with the purposes described in subsection (b).
added
Motorized vehicles and mechanized transport; new or temporary roads—
added
Motorized vehicles and mechanized transport— Except as provided in clause (iii), the use of motorized vehicles and mechanized transport in the Wildlife Conservation Area shall be prohibited.
added
New or temporary roads— Except as provided in clause (iii) and subsection (e), no new or temporary road shall be constructed within the Wildlife Conservation Area.
added
Exceptions— Nothing in clause (i) or (ii) prevents the Secretary from—
added
authorizing the use of motorized vehicles or mechanized transport for administrative purposes;
added
constructing temporary roads or permitting the use of motorized vehicles or mechanized transport to carry out pre- or post-fire watershed protection projects;
added
authorizing the use of motorized vehicles or mechanized transport to carry out activities described in subsection (d) or (e); or
added
responding to an emergency.
added
Commercial timber—
added
In general— Subject to clause (ii), no project shall be carried out in the Wildlife Conservation Area for the purpose of harvesting commercial timber.
added
Limitation— Nothing in clause (i) prevents the Secretary from harvesting or selling a merchantable product that is a byproduct of an activity authorized under this section.
added
Fire, insects, and diseases— The Secretary may carry out any activity, in accordance with applicable laws (including regulations), that the Secretary determines to be necessary to prevent, control, or mitigate fire, insects, or disease in the Wildlife Conservation Area, subject to such terms and conditions as the Secretary determines to be appropriate.
added
Regional transportation projects— Nothing in this section or section 21110(e) precludes the Secretary from authorizing, in accordance with applicable laws (including regulations), the use or leasing of Federal land within the Wildlife Conservation Area for—
added
a regional transportation project, including—
added
highway widening or realignment; and
added
construction of multimodal transportation systems; or
added
any infrastructure, activity, or safety measure associated with the implementation or use of a facility constructed under paragraph (1).
added
Applicable law— Nothing in this section affects the designation of the Federal land within the Wildlife Conservation Area for purposes of—
added
section 138 of title 23, United States Code; or
added
section 303 of title 49, United States Code.
added
Water— Section 3(e) of the James Peak Wilderness and Protection Area Act (Public Law 107–216; 116 Stat. 1058) shall apply to the Wildlife Conservation Area.
Sec. 21106 Williams Fork Mountains Wildlife Conservation Area
added
added
Designation— Subject to valid existing rights, the approximately 3,528 acres of Federal land in the White River National Forest in the State, as generally depicted as “Proposed Williams Fork Mountains Wildlife Conservation Area” on the map entitled “Williams Fork Mountains Proposal” and dated June 24, 2019, are designated as the “Williams Fork Mountains Wildlife Conservation Area” (referred to in this section as the “Wildlife Conservation Area”).
added
Purposes— The purposes of the Wildlife Conservation Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the wildlife, scenic, roadless, watershed, recreational, and ecological resources of the Wildlife Conservation Area.
added
Management—
added
In general— The Secretary shall manage the Wildlife Conservation Area—
added
in a manner that conserves, protects, and enhances the purposes described in subsection (b); and
added
in accordance with—
added
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);
added
any other applicable laws (including regulations); and
added
this section.
added
Uses—
added
In general— The Secretary shall only allow such uses of the Wildlife Conservation Area as the Secretary determines would further the purposes described in subsection (b).
added
Motorized vehicles—
added
In general— Except as provided in clause (iii), the use of motorized vehicles in the Wildlife Conservation Area shall be limited to designated roads and trails.
added
New or temporary roads— Except as provided in clause (iii), no new or temporary road shall be constructed in the Wildlife Conservation Area.
added
Exceptions— Nothing in clause (i) or (ii) prevents the Secretary from—
added
authorizing the use of motorized vehicles for administrative purposes;
added
authorizing the use of motorized vehicles to carry out activities described in subsection (d); or
added
responding to an emergency.
added
Bicycles— The use of bicycles in the Wildlife Conservation Area shall be limited to designated roads and trails.
added
Commercial timber—
added
In general— Subject to clause (ii), no project shall be carried out in the Wildlife Conservation Area for the purpose of harvesting commercial timber.
added
Limitation— Nothing in clause (i) prevents the Secretary from harvesting or selling a merchantable product that is a byproduct of an activity authorized under this section.
added
Grazing— The laws (including regulations) and policies followed by the Secretary in issuing and administering grazing permits or leases on land under the jurisdiction of the Secretary shall continue to apply with regard to the land in the Wildlife Conservation Area, consistent with the purposes described in subsection (b).
added
Fire, insects, and diseases— The Secretary may carry out any activity, in accordance with applicable laws (including regulations), that the Secretary determines to be necessary to prevent, control, or mitigate fire, insects, or disease in the Wildlife Conservation Area, subject to such terms and conditions as the Secretary determines to be appropriate.
added
Regional transportation projects— Nothing in this section or section 21110(e) precludes the Secretary from authorizing, in accordance with applicable laws (including regulations), the use or leasing of Federal land within the Wildlife Conservation Area for—
added
a regional transportation project, including—
added
highway widening or realignment; and
added
construction of multimodal transportation systems; or
added
any infrastructure, activity, or safety measure associated with the implementation or use of a facility constructed under paragraph (1).
added
Water— Section 3(e) of the James Peak Wilderness and Protection Area Act (Public Law 107–216; 116 Stat. 1058) shall apply to the Wildlife Conservation Area.
Sec. 21107 Camp Hale National Historic Landscape
added
added
Designation— Subject to valid existing rights, the approximately 28,676 acres of Federal land in the White River National Forest in the State, as generally depicted as “Proposed Camp Hale National Historic Landscape” on the map entitled “Camp Hale National Historic Landscape Proposal” and dated June 24, 2019, are designated the “Camp Hale National Historic Landscape”.
added
Purposes— The purposes of the Historic Landscape are—
added
to provide for—
added
the interpretation of historic events, activities, structures, and artifacts of the Historic Landscape, including with respect to the role of the Historic Landscape in local, national, and world history;
added
the historic preservation of the Historic Landscape, consistent with—
added
the designation of the Historic Landscape as a national historic site; and
added
the other purposes of the Historic Landscape;
added
recreational opportunities, with an emphasis on the activities related to the historic use of the Historic Landscape, including skiing, snowshoeing, snowmobiling, hiking, horseback riding, climbing, other road- and trail-based activities, and other outdoor activities; and
added
the continued environmental remediation and removal of unexploded ordnance at the Camp Hale Formerly Used Defense Site and the Camp Hale historic cantonment area; and
added
to conserve, protect, restore, and enhance for the benefit and enjoyment of present and future generations the scenic, watershed, and ecological resources of the Historic Landscape.
added
Management—
added
In general— The Secretary shall manage the Historic Landscape in accordance with—
added
the purposes of the Historic Landscape described in subsection (b); and
added
any other applicable laws (including regulations).
added
Management plan—
added
In general— Not later than 5 years after the date of enactment of this Act, the Secretary shall prepare a management plan for the Historic Landscape.
added
Contents— The management plan prepared under subparagraph (A) shall include plans for—
added
improving the interpretation of historic events, activities, structures, and artifacts of the Historic Landscape, including with respect to the role of the Historic Landscape in local, national, and world history;
added
conducting historic preservation and veteran outreach and engagement activities;
added
managing recreational opportunities, including the use and stewardship of—
added
the road and trail systems; and
added
dispersed recreation resources;
added
the conservation, protection, restoration, or enhancement of the scenic, watershed, and ecological resources of the Historic Landscape, including conducting the restoration and enhancement project under subsection (d); and
added
environmental remediation and, consistent with subsection (e)(2), the removal of unexploded ordnance.
added
Explosive hazards— The Secretary shall provide to the Secretary of the Army a notification of any unexploded ordnance (as defined in section 101(e) of title 10, United States Code) that is discovered in the Historic Landscape.
added
Camp hale restoration and enhancement project—
added
In general— The Secretary shall conduct a restoration and enhancement project in the Historic Landscape—
added
to improve aquatic, riparian, and wetland conditions in and along the Eagle River and tributaries of the Eagle River;
added
to maintain or improve recreation and interpretive opportunities and facilities; and
added
to conserve historic values in the Camp Hale area.
added
Coordination— In carrying out the project described in paragraph (1), the Secretary shall coordinate with—
added
the United States Army Corps of Engineers;
added
the Camp Hale-Eagle River Headwaters Collaborative Group;
added
the National Forest Foundation;
added
the Colorado Department of Public Health and Environment;
added
the Colorado State Historic Preservation Office;
added
units of local government; and
added
other interested organizations and members of the public.
added
Environmental remediation—
added
In general— The Secretary of the Army shall continue to carry out the projects and activities of the Department of the Army in existence on the date of enactment of this Act relating to cleanup of—
added
the Camp Hale Formerly Used Defense Site; or
added
the Camp Hale historic cantonment area.
added
Removal of unexploded ordnance—
added
In general— The Secretary of the Army may remove unexploded ordnance (as defined in section 101(e) of title 10, United States Code) from the Historic Landscape, as the Secretary of the Army determines to be appropriate in accordance with applicable law (including regulations).
added
Action on receipt of notice— On receipt from the Secretary of a notification of unexploded ordnance under subsection (c)(3), the Secretary of the Army may remove the unexploded ordnance in accordance with—
added
the program for environmental restoration of formerly used defense sites under section 2701 of title 10, United States Code;
added
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and
added
any other applicable provision of law (including regulations).
added
Effect of subsection— Nothing in this subsection modifies any obligation in existence on the date of enactment of this Act relating to environmental remediation or removal of any unexploded ordnance located in or around the Camp Hale historic cantonment area, the Camp Hale Formerly Used Defense Site, or the Historic Landscape, including such an obligation under—
added
the program for environmental restoration of formerly used defense sites under section 2701 of title 10, United States Code;
added
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or
added
any other applicable provision of law (including regulations).
added
Interagency agreement— The Secretary and the Secretary of the Army shall enter into an agreement—
added
to specify—
added
the activities of the Secretary relating to the management of the Historic Landscape; and
added
the activities of the Secretary of the Army relating to environmental remediation and the removal of unexploded ordnance in accordance with subsection (e) and other applicable laws (including regulations); and
added
to require the Secretary to provide to the Secretary of the Army, by not later than 1 year after the date of enactment of this Act and periodically thereafter, as appropriate, a management plan for the Historic Landscape for purposes of the removal activities described in subsection (e).
added
Effect— Nothing in this section—
added
affects the jurisdiction of the State over any water law, water right, or adjudication or administration relating to any water resource;
added
affects any water right in existence on or after the date of enactment of this Act, or the exercise of such a water right, including—
added
a water right under an interstate water compact (including full development of any apportionment made in accordance with such a compact);
added
a water right decreed within, above, below, or through the Historic Landscape;
added
a water right held by the United States;
added
the management or operation of any reservoir, including the storage, management, release, or transportation of water; and
added
the construction or operation of such infrastructure as is determined to be necessary by an individual or entity holding water rights to develop and place to beneficial use those rights, subject to applicable Federal, State, and local law (including regulations);
added
constitutes an express or implied reservation by the United States of any reserved or appropriative water right;
added
alters or limits—
added
a permit held by a ski area;
added
the implementation of activities governed by a ski area permit; or
added
the authority of the Secretary to modify or expand an existing ski area permit;
added
prevents the Secretary from closing portions of the Historic Landscape for public safety, environmental remediation, or other use in accordance with applicable laws; or
added
affects—
added
any special use permit in effect on the date of enactment of this Act; or
added
the renewal of a permit described in subparagraph (A).
added
added
Funding— There is established in the general fund of the Treasury a special account, to be known as the “Camp Hale Historic Preservation and Restoration Fund”.
added
There is authorized to be appropriated to the Camp Hale Historic Preservation and Restoration Fund $10,000,000, to be available to the Secretary until expended, for activities relating to historic interpretation, preservation, and restoration carried out in and around the Historic Landscape.
added
Designation of overlook— The interpretive site located beside United States Route 24 in the State, at 39.431N 106.323W, is hereby designated as the “Sandy Treat Overlook”.
Sec. 21108 White River National Forest Boundary modification
added
added
In general— The boundary of the White River National Forest is modified to include the approximately 120 acres comprised of the SW 1/4, the SE 1/4, and the NE 1/4 of the SE 1/4 of sec. 1, T. 2 S., R. 80 W., 6th Principal Meridian, in Summit County in the State.
added
Land and water conservation fund— For purposes of section 200306 of title 54, United States Code, the boundaries of the White River National Forest, as modified under subsection (a), shall be considered to be the boundaries of the White River National Forest as in existence on January 1, 1965.
Sec. 21109 Rocky Mountain National Park Potential Wilderness Boundary adjustment
added
added
Purpose— The purpose of this section is to provide for the ongoing maintenance and use of portions of the Trail River Ranch and the associated property located within Rocky Mountain National Park in Grand County in the State.
added
Boundary adjustment— Section 1952(b) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1070) is amended by adding at the end the following:
added “(3) Boundary adjustment—The boundary of the Potential Wilderness is modified to exclude the area comprising approximately 15.5 acres of land identified as “Potential Wilderness to Non-wilderness” on the map entitled “Rocky Mountain National Park Proposed Wilderness Area Amendment” and dated January 16, 2018.”
Sec. 21110 Administrative provisions
added
added
Fish and wildlife— Nothing in this title affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State.
added
No buffer zones—
added
In general— Nothing in this title or an amendment made by this title establishes a protective perimeter or buffer zone around—
added
a covered area;
added
a wilderness area or potential wilderness area designated by section 21103;
added
the Recreation Management Area;
added
a Wildlife Conservation Area; or
added
the Historic Landscape.
added
Outside activities— The fact that a nonwilderness activity or use on land outside of a covered area can be seen or heard from within the covered area shall not preclude the activity or use outside the boundary of the covered area.
added
Maps and legal descriptions—
added
In general— As soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of each area described in subsection (b)(1) with—
added
the Committee on Natural Resources of the House of Representatives; and
added
the Committee on Energy and Natural Resources of the Senate.
added
Force of law— Each map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct any typographical errors in the maps and legal descriptions.
added
Public availability— Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
added
Acquisition of land—
added
In general— The Secretary may acquire any land or interest in land within the boundaries of an area described in subsection (b)(1) only through exchange, donation, or purchase from a willing seller.
added
Management— Any land or interest in land acquired under paragraph (1) shall be incorporated into, and administered as a part of, the wilderness area, Recreation Management Area, Wildlife Conservation Area, or Historic Landscape, as applicable, in which the land or interest in land is located.
added
Withdrawal— Subject to valid rights in existence on the date of enactment of this Act, the areas described in subsection (b)(1) are withdrawn from—
added
entry, appropriation, and disposal under the public land laws;
added
location, entry, and patent under mining laws; and
added
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
added
Military overflights— Nothing in this title or an amendment made by this title restricts or precludes—
added
any low-level overflight of military aircraft over any area subject to this title or an amendment made by this title, including military overflights that can be seen, heard, or detected within such an area;
added
flight testing or evaluation over an area described in paragraph (1); or
added
the use or establishment of—
added
any new unit of special use airspace over an area described in paragraph (1); or
added
any military flight training or transportation over such an area.
added
Sense of Congress— It is the sense of Congress that military aviation training on Federal public lands in Colorado, including the training conducted at the High-Altitude Army National Guard Aviation Training Site, is critical to the national security of the United States and the readiness of the Armed Forces.
Sec. 21201 Definitions
addedadded In this title:
added
Covered land— The term covered land means—
added
land designated as wilderness under paragraphs (27) through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) (as added by section 21202); and
added
a Special Management Area.
added
Secretary— The term Secretary means the Secretary of Agriculture.
added
Special management area— The term Special Management Area means each of—
added
the Sheep Mountain Special Management Area designated by section 21203(a)(1); and
added
the Liberty Bell East Special Management Area designated by section 21203(a)(2).
Sec. 21202 Additions to National Wilderness Preservation System
addedadded Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) (as amended by section 21102(a)(2)) is amended by adding at the end the following:
added “(27) Lizard head wilderness addition—Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 3,141 acres, as generally depicted on the map entitled “Proposed Wilson, Sunshine, Black Face and San Bernardo Additions to the Lizard Head Wilderness” and dated September 6, 2018, which is incorporated in, and shall be administered as part of, the Lizard Head Wilderness.
added “(28) Mount sneffels wilderness additions
added “(A) Liberty bell and last dollar additions—Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 7,235 acres, as generally depicted on the map entitled “Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness, Liberty Bell East Special Management Area” and dated September 6, 2018, which is incorporated in, and shall be administered as part of, the Mount Sneffels Wilderness.
added “(B) Whitehouse additions—Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 12,465 acres, as generally depicted on the map entitled “Proposed Whitehouse Additions to the Mt. Sneffels Wilderness” and dated September 6, 2018, which is incorporated in, and shall be administered as part of, the Mount Sneffels Wilderness.
added “(29) Mckenna peak wilderness—Certain Federal land in the State of Colorado comprising approximately 8,884 acres of Bureau of Land Management land, as generally depicted on the map entitled “Proposed McKenna Peak Wilderness Area” and dated September 18, 2018, to be known as the “McKenna Peak Wilderness”.”
Sec. 21203 Special management areas
added
added
Designation—
added
Sheep mountain special management area— The Federal land in the Grand Mesa, Uncompahgre, and Gunnison and San Juan National Forests in the State comprising approximately 21,663 acres, as generally depicted on the map entitled “Proposed Sheep Mountain Special Management Area” and dated September 19, 2018, is designated as the “Sheep Mountain Special Management Area”.
added
Liberty bell east special management area— The Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests in the State comprising approximately 792 acres, as generally depicted on the map entitled “Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness, Liberty Bell East Special Management Area” and dated September 6, 2018, is designated as the “Liberty Bell East Special Management Area”.
added
Purpose— The purpose of the Special Management Areas is to conserve and protect for the benefit and enjoyment of present and future generations the geological, cultural, archaeological, paleontological, natural, scientific, recreational, wilderness, wildlife, riparian, historical, educational, and scenic resources of the Special Management Areas.
added
Management—
added
In general— The Secretary shall manage the Special Management Areas in a manner that—
added
conserves, protects, and enhances the resources and values of the Special Management Areas described in subsection (b);
added
subject to paragraph (3), maintains or improves the wilderness character of the Special Management Areas and the suitability of the Special Management Areas for potential inclusion in the National Wilderness Preservation System; and
added
is in accordance with—
added
the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.);
added
this title; and
added
any other applicable laws.
added
Prohibitions— The following shall be prohibited in the Special Management Areas:
added
Permanent roads.
added
Except as necessary to meet the minimum requirements for the administration of the Federal land, to provide access for abandoned mine cleanup, and to protect public health and safety—
added
the use of motor vehicles, motorized equipment, or mechanical transport (other than as provided in paragraph (3)); and
added
the establishment of temporary roads.
added
Authorized activities—
added
In general— The Secretary may allow any activities (including helicopter access for recreation and maintenance and the competitive running event permitted since 1992) that have been authorized by permit or license as of the date of enactment of this Act to continue within the Special Management Areas, subject to such terms and conditions as the Secretary may require.
added
Permitting— The designation of the Special Management Areas by subsection (a) shall not affect the issuance of permits relating to the activities covered under subparagraph (A) after the date of enactment of this Act.
added
Bicycles— The Secretary may permit the use of bicycles in—
added
the portion of the Sheep Mountain Special Management Area identified as “Ophir Valley Area” on the map entitled “Proposed Sheep Mountain Special Management Area” and dated September 19, 2018; and
added
the portion of the Liberty Bell East Special Management Area identified as “Liberty Bell Corridor” on the map entitled “Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness, Liberty Bell East Special Management Area” and dated September 6, 2018.
added
Applicable law— Water and water rights in the Special Management Areas shall be administered in accordance with section 8 of the Colorado Wilderness Act of 1993 (Public Law 103–77; 107 Stat. 762), except that, for purposes of this division—
added
any reference contained in that section to “the lands designated as wilderness by this Act”, “the Piedra, Roubideau, and Tabeguache areas identified in section 9 of this Act, or the Bowen Gulch Protection Area or the Fossil Ridge Recreation Management Area identified in sections 5 and 6 of this Act”, or “the areas described in sections 2, 5, 6, and 9 of this Act” shall be considered to be a reference to “the Special Management Areas”; and
added
any reference contained in that section to “this Act” shall be considered to be a reference to “the Colorado Outdoor Recreation and Economy Act”.
Sec. 21204 Release of wilderness study areas
added
added
Dominguez canyon wilderness study area— Subtitle E of title II of Public Law 111–11 is amended—
added
by redesignating section 2408 (16 U.S.C. 460zzz–7) as section 2409; and
added
by inserting after section 2407 (16 U.S.C. 460zzz–6) the following:
added “2408. Release
added “(a) In general—Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the portions of the Dominguez Canyon Wilderness Study Area not designated as wilderness by this subtitle have been adequately studied for wilderness designation.
added “(b) Release—Any public land referred to in subsection (a) that is not designated as wilderness by this subtitle—
added “(1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
added “(2) shall be managed in accordance with this subtitle and any other applicable laws.”
added
Mckenna peak wilderness study area—
added
In general— Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the portions of the McKenna Peak Wilderness Study Area in San Miguel County in the State not designated as wilderness by paragraph (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) (as added by section 21202) have been adequately studied for wilderness designation.
added
Release— Any public land referred to in paragraph (1) that is not designated as wilderness by paragraph (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) (as added by section 21202)—
added
is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
added
shall be managed in accordance with applicable laws.
Sec. 21205 Administrative provisions
added
added
Fish and wildlife— Nothing in this title affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State.
added
No buffer zones—
added
In general— Nothing in this title establishes a protective perimeter or buffer zone around covered land.
added
Activities outside wilderness— The fact that a nonwilderness activity or use on land outside of the covered land can be seen or heard from within covered land shall not preclude the activity or use outside the boundary of the covered land.
added
Maps and legal descriptions—
added
In general— As soon as practicable after the date of enactment of this Act, the Secretary or the Secretary of the Interior, as appropriate, shall file a map and a legal description of each wilderness area designated by paragraphs (27) through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) (as added by section 21202) and the Special Management Areas with—
added
the Committee on Natural Resources of the House of Representatives; and
added
the Committee on Energy and Natural Resources of the Senate.
added
Force of law— Each map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary or the Secretary of the Interior, as appropriate, may correct any typographical errors in the maps and legal descriptions.
added
Public availability— Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the Forest Service.
added
Acquisition of land—
added
In general— The Secretary or the Secretary of the Interior, as appropriate, may acquire any land or interest in land within the boundaries of a Special Management Area or the wilderness designated under paragraphs (27) through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) (as added by section 21202) only through exchange, donation, or purchase from a willing seller.
added
Management— Any land or interest in land acquired under paragraph (1) shall be incorporated into, and administered as a part of, the wilderness or Special Management Area in which the land or interest in land is located.
added
Grazing— The grazing of livestock on covered land, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered to be necessary by the Secretary with jurisdiction over the covered land, in accordance with—
added
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
added
the applicable guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405) or H.R. 5487 of the 96th Congress (H. Rept. 96–617).
added
Fire, insects, and diseases— In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary with jurisdiction over a wilderness area designated by paragraphs (27) through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77) (as added by section 21202) may carry out any activity in the wilderness area that the Secretary determines to be necessary for the control of fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate.
added
Withdrawal— Subject to valid rights in existence on the date of enactment of this Act, the covered land and the approximately 6,590 acres generally depicted on the map entitled “Proposed Naturita Canyon Mineral Withdrawal Area” and dated September 6, 2018, is withdrawn from—
added
entry, appropriation, and disposal under the public land laws;
added
location, entry, and patent under mining laws; and
added
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Sec. 21301 Purposes
addedadded The purposes of this title are—
added
subject to valid existing rights, to withdraw certain Federal land in the Thompson Divide area from mineral and other disposal laws; and
added
to promote the capture of fugitive methane emissions that would otherwise be emitted into the atmosphere—
added
to reduce methane gas emissions; and
added
to provide—
added
new renewable electricity supplies and other beneficial uses of fugitive methane emissions; and
added
increased royalties for taxpayers.
Sec. 21302 Definitions
addedadded In this title:
added
Fugitive methane emissions— The term fugitive methane emissions means methane gas from those Federal lands in Garfield, Gunnison, Delta, or Pitkin County in the State generally depicted on the pilot program map as “Fugitive Coal Mine Methane Use Pilot Program Area” that would leak or be vented into the atmosphere from an active, inactive or abandoned underground coal mine.
added
Pilot program— The term pilot program means the Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program established by section 21305(a)(1).
added
Pilot program map— The term pilot program map means the map entitled “Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program Area” and dated June 17, 2019.
added
Secretary— The term Secretary means the Secretary of the Interior.
added
Thompson divide lease—
added
In general— The term Thompson Divide lease means any oil or gas lease in effect on the date of enactment of this Act within the Thompson Divide Withdrawal and Protection Area.
added
Exclusions— The term Thompson Divide lease does not include any oil or gas lease that—
added
is associated with a Wolf Creek Storage Field development right; or
added
before the date of enactment of this Act, has expired, been cancelled, or otherwise terminated.
added
Thompson divide map— The term Thompson Divide map means the map entitled “Greater Thompson Divide Area Map” and dated June 13, 2019.
added
Thompson divide withdrawal and protection area— The term Thompson Divide Withdrawal and Protection Area means the Federal land and minerals generally depicted on the Thompson Divide map as the “Thompson Divide Withdrawal and Protection Area”.
added
Wolf creek storage field development right—
added
In general— The term Wolf Creek Storage Field development right means a development right for any of the Federal mineral leases numbered COC 007496, COC 007497, COC 007498, COC 007499, COC 007500, COC 007538, COC 008128, COC 015373, COC 0128018, COC 051645, and COC 051646, and generally depicted on the Thompson Divide map as “Wolf Creek Storage Agreement”.
added
Exclusions— The term Wolf Creek Storage Field development right does not include any storage right or related activity within the area described in subparagraph (A).
Sec. 21303 Thompson Divide Withdrawal and Protection Area
added
added
Withdrawal— Subject to valid existing rights, the Thompson Divide Withdrawal and Protection Area is withdrawn from—
added
entry, appropriation, and disposal under the public land laws;
added
location, entry, and patent under the mining laws; and
added
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
added
Surveys— The exact acreage and legal description of the Thompson Divide Withdrawal and Protection Area shall be determined by surveys approved by the Secretary, in consultation with the Secretary of Agriculture.
added
Grazing— The grazing of livestock on covered land, if established before the date of enactment of this Act, shall be allowed to continue subject to such reasonable regulations as are considered to be necessary by the Secretary with jurisdiction over the covered land.
Sec. 21304 Thompson Divide lease exchange
added
added
In general— In exchange for the relinquishment by a leaseholder of all Thompson Divide leases of the leaseholder, the Secretary may issue to the leaseholder credits for any bid, royalty, or rental payment due under any Federal oil or gas lease on Federal land in the State, in accordance with subsection (b).
added
Amount of credits—
added
In general— Subject to paragraph (2), the amount of the credits issued to a leaseholder of a Thompson Divide lease relinquished under subsection (a) shall—
added
be equal to the sum of—
added
the amount of the bonus bids paid for the applicable Thompson Divide leases;
added
the amount of any rental paid for the applicable Thompson Divide leases as of the date on which the leaseholder submits to the Secretary a notice of the decision to relinquish the applicable Thompson Divide leases; and
added
the amount of any expenses incurred by the leaseholder of the applicable Thompson Divide leases in the preparation of any drilling permit, sundry notice, or other related submission in support of the development of the applicable Thompson Divide leases as of January 28, 2019, including any expenses relating to the preparation of any analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
added
require the approval of the Secretary.
added
Exclusion— The amount of a credit issued under subsection (a) shall not include any expenses paid by the leaseholder of a Thompson Divide lease for legal fees or related expenses for legal work with respect to a Thompson Divide lease.
added
Cancellation— Effective on relinquishment under this section, and without any additional action by the Secretary, a Thompson Divide lease—
added
shall be permanently cancelled; and
added
shall not be reissued.
added
Conditions—
added
Applicable law— Except as otherwise provided in this section, each exchange under this section shall be conducted in accordance with—
added
this division; and
added
other applicable laws (including regulations).
added
Acceptance of credits— The Secretary may, subject to appropriations, accept credits issued under subsection (a) in the same manner as cash for the payments described in that subsection.
added
Applicability— The use of a credit issued under subsection (a) shall be subject to the laws (including regulations) applicable to the payments described in that subsection, to the extent that the laws are consistent with this section.
added
Treatment of credits— Subject to appropriations, all amounts in the form of credits issued under subsection (a) accepted by the Secretary shall be considered to be amounts received for the purposes of—
added
section 35 of the Mineral Leasing Act (30 U.S.C. 191); and
added
section 20 of the Geothermal Steam Act of 1970 (30 U.S.C. 1019).
added
Wolf creek storage field development rights—
added
Conveyance to secretary— As a condition precedent to the relinquishment of a Thompson Divide lease, any leaseholder with a Wolf Creek Storage Field development right shall permanently relinquish, transfer, and otherwise convey to the Secretary, in a form acceptable to the Secretary, all Wolf Creek Storage Field development rights of the leaseholder.
added
Limitation of transfer— An interest acquired by the Secretary under paragraph (1)—
added
shall be held in perpetuity; and
added
shall not be—
added
transferred;
added
reissued; or
added
otherwise used for mineral extraction.
Sec. 21305 Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program
added
added
Fugitive coal mine methane use pilot program—
added
Establishment— There is established in the Bureau of Land Management a pilot program, to be known as the “Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program”.
added
Purpose— The purpose of the pilot program is to promote the capture, beneficial use, mitigation, and sequestration of fugitive methane emissions—
added
to reduce methane emissions;
added
to promote economic development;
added
to produce bid and royalty revenues;
added
to improve air quality; and
added
to improve public safety.
added
Plan—
added
In general— Not later than 180 days after the date of enactment of this Act, the Secretary shall develop a plan—
added
to complete an inventory of fugitive methane emissions in accordance with subsection (b);
added
to provide for the leasing of fugitive methane emissions in accordance with subsection (c); and
added
to provide for the capping or destruction of fugitive methane emissions in accordance with subsection (d).
added
Coordination— In developing the plan under this paragraph, the Secretary shall coordinate with—
added
the State;
added
Garfield, Gunnison, Delta, and Pitkin Counties in the State;
added
lessees of Federal coal within the counties referred to in clause (ii);
added
interested institutions of higher education in the State; and
added
interested members of the public.
added
Fugitive methane emission inventory—
added
In general— Not later than 1 year after the date of enactment of this Act, the Secretary shall complete an inventory of fugitive methane emissions.
added
Conduct— The Secretary may conduct the inventory under paragraph (1) through, or in collaboration with—
added
the Bureau of Land Management;
added
the United States Geological Survey;
added
the Environmental Protection Agency;
added
the United States Forest Service;
added
State departments or agencies;
added
Garfield, Gunnison, Delta, or Pitkin County in the State;
added
the Garfield County Federal Mineral Lease District;
added
institutions of higher education in the State;
added
lessees of Federal coal within a county referred to in subparagraph (F);
added
the National Oceanic and Atmospheric Administration;
added
the National Center for Atmospheric Research; or
added
other interested entities, including members of the public.
added
Contents— The inventory under paragraph (1) shall include—
added
the general location and geographic coordinates of each vent, seep, or other source producing significant fugitive methane emissions;
added
an estimate of the volume and concentration of fugitive methane emissions from each source of significant fugitive methane emissions including details of measurements taken and the basis for that emissions estimate;
added
an estimate of the total volume of fugitive methane emissions each year;
added
relevant data and other information available from—
added
the Environmental Protection Agency;
added
the Mine Safety and Health Administration;
added
Colorado Department of Natural Resources;
added
Colorado Public Utility Commission;
added
Colorado Department of Health and Environment; and
added
Office of Surface Mining Reclamation and Enforcement; and
added
such other information as may be useful in advancing the purposes of the pilot program.
added
Public participation; disclosure—
added
Public participation— The Secretary shall provide opportunities for public participation in the inventory under this subsection.
added
Availability— The Secretary shall make the inventory under this subsection publicly available.
added
Disclosure— Nothing in this subsection requires the Secretary to publicly release information that—
added
poses a threat to public safety;
added
is confidential business information; or
added
is otherwise protected from public disclosure.
added
Use— The Secretary shall use the inventory in carrying out—
added
the leasing program under subsection (c); and
added
the capping or destruction of fugitive methane emissions under subsection (d).
added
Fugitive methane emission leasing program—
added
In general— Subject to valid existing rights and in accordance with this section, not later than 1 year after the date of completion of the inventory required under subsection (b), the Secretary shall carry out a program to encourage the use and destruction of fugitive methane emissions.
added
Fugitive methane emissions from coal mines subject to lease—
added
In general— The Secretary shall authorize the holder of a valid existing Federal coal lease for a mine that is producing fugitive methane emissions to capture for use, or destroy by flaring, the fugitive methane emissions.
added
Conditions— The authority under subparagraph (A) shall be—
added
subject to valid existing rights; and
added
subject to such terms and conditions as the Secretary may require.
added
Limitations— The program carried out under paragraph (1) shall only include fugitive methane emissions that can be captured for use, or destroyed by flaring, in a manner that does not—
added
endanger the safety of any coal mine worker; or
added
unreasonably interfere with any ongoing operation at a coal mine.
added
Cooperation—
added
In general— The Secretary shall work cooperatively with the holders of valid existing Federal coal leases for mines that produce fugitive methane emissions to encourage—
added
the capture of fugitive methane emissions for beneficial use, such as generating electrical power, producing usable heat, transporting the methane to market, transforming the fugitive methane emissions into a different marketable material; or
added
if the beneficial use of the fugitive methane emissions is not feasible, the destruction of the fugitive methane emissions by flaring.
added
Guidance— In furtherance of the purposes of this paragraph, not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance for the implementation of Federal authorities and programs to encourage the capture for use, or destruction by flaring, of fugitive methane emissions while minimizing impacts on natural resources or other public interest values.
added
Royalties— The Secretary shall determine whether any fugitive methane emissions used or destroyed pursuant to this paragraph are subject to the payment of a royalty under applicable law.
added
Fugitive methane emissions from abandoned coal mines—
added
In general— Except as otherwise provided in this section, notwithstanding section 21303, subject to valid existing rights, and in accordance with section 21 of the Mineral Leasing Act (30 U.S.C. 241) and any other applicable law, the Secretary shall—
added
authorize the capture for use, or destruction by flaring, of fugitive methane emissions from abandoned coal mines on Federal land; and
added
make available for leasing such fugitive methane emissions from abandoned coal mines on Federal land as the Secretary considers to be in the public interest.
added
Source— To the maximum extent practicable, the Secretary shall offer for lease each significant vent, seep, or other source of fugitive methane emissions from abandoned coal mines.
added
Bid qualifications— A bid to lease fugitive methane emissions under this paragraph shall specify whether the prospective lessee intends—
added
to capture the fugitive methane emissions for beneficial use, such as generating electrical power, producing usable heat, transporting the methane to market, transforming the fugitive methane emissions into a different marketable material;
added
to destroy the fugitive methane emissions by flaring; or
added
to employ a specific combination of—
added
capturing the fugitive methane emissions for beneficial use; and
added
destroying the fugitive methane emission by flaring.
added
Priority—
added
In general— If there is more than one qualified bid for a lease under this paragraph, the Secretary shall select the bid that the Secretary determines is likely to most significantly advance the public interest.
added
Considerations— In determining the public interest under clause (i), the Secretary shall take into consideration—
added
the size of the overall decrease in the time-integrated radiative forcing of the fugitive methane emissions;
added
the impacts to other natural resource values, including wildlife, water, and air; and
added
other public interest values, including scenic, economic, recreation, and cultural values.
added
Lease form—
added
In general— The Secretary shall develop and provide to prospective bidders a lease form for leases issued under this paragraph.
added
Due diligence— The lease form developed under clause (i) shall include terms and conditions requiring the leased fugitive methane emissions to be put to beneficial use or flared by not later than 1 year after the date of issuance of the lease.
added
Royalty rate— The Secretary shall develop a minimum bid and royalty rate for leases under this paragraph to advance the purposes of this section, to the maximum extent practicable.
added
Sequestration— If, by not later than 4 years after the date of enactment of this Act, any significant fugitive methane emissions from abandoned coal mines on Federal land are not leased under subsection (c)(3), the Secretary shall, in accordance with applicable law, take all reasonable measures—
added
to cap those fugitive methane emissions at the source in any case in which the cap will result in the long-term sequestration of all or a significant portion of the fugitive methane emissions; or
added
if sequestration under paragraph (1) is not feasible, destroy the fugitive methane emissions by flaring.
added
Report to Congress— Not later than 4 years after the date of enactment of this Act the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report detailing—
added
the economic and environmental impacts of the pilot program, including information on increased royalties and estimates of avoided greenhouse gas emissions; and
added
any recommendations by the Secretary on whether the pilot program could be expanded geographically to include other significant sources of fugitive methane emissions from coal mines.
Sec. 21306 Effect
addedadded Except as expressly provided in this title, nothing in this title—
added
expands, diminishes, or impairs any valid existing mineral leases, mineral interest, or other property rights wholly or partially within the Thompson Divide Withdrawal and Protection Area, including access to the leases, interests, rights, or land in accordance with applicable Federal, State, and local laws (including regulations);
added
prevents the capture of methane from any active, inactive, or abandoned coal mine covered by this title, in accordance with applicable laws; or
added
prevents access to, or the development of, any new or existing coal mine or lease in Delta or Gunnison County in the State.
Sec. 21401 Definitions
addedadded In this title:
added
Map— The term map means the map entitled “Curecanti National Recreation Area, Proposed Boundary”, numbered 616/100,485C, and dated August 11, 2016.
added
National recreation area— The term National Recreation Area means the Curecanti National Recreation Area established by section 21402(a).
added
Secretary— The term Secretary means the Secretary of the Interior.
Sec. 21402 Curecanti National Recreation Area
added
added
Establishment— Effective beginning on the earlier of the date on which the Secretary approves a request under subsection (c)(2)(B)(i)(I) and the date that is 1 year after the date of enactment of this Act, there shall be established as a unit of the National Park System the Curecanti National Recreation Area, in accordance with this division, consisting of approximately 50,667 acres of land in the State, as generally depicted on the map as “Curecanti National Recreation Area Proposed Boundary”.
added
Availability of map— The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
added
Administration—
added
In general— The Secretary shall administer the National Recreation Area in accordance with—
added
this title; and
added
the laws (including regulations) generally applicable to units of the National Park System, including section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code.
added
Dam, power plant, and reservoir management and operations—
added
In general— Nothing in this title affects or interferes with the authority of the Secretary—
added
to operate the Uncompahgre Valley Reclamation Project under the reclamation laws;
added
to operate the Wayne N. Aspinall Unit of the Colorado River Storage Project under the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) (43 U.S.C. 620 et seq.); or
added
under the Federal Water Project Recreation Act (16 U.S.C. 460l–12 et seq.).
added
Reclamation land—
added
Submission of request to retain administrative jurisdiction— If, before the date that is 1 year after the date of enactment of this Act, the Commissioner of Reclamation submits to the Secretary a request for the Commissioner of Reclamation to retain administrative jurisdiction over the minimum quantity of land within the land identified on the map as “Lands withdrawn or acquired for Bureau of Reclamation projects” that the Commissioner of Reclamation identifies as necessary for the effective operation of Bureau of Reclamation water facilities, the Secretary may—
added
approve, approve with modifications, or disapprove the request; and
added
if the request is approved under subclause (I), make any modifications to the map that are necessary to reflect that the Commissioner of Reclamation retains management authority over the minimum quantity of land required to fulfill the reclamation mission.
added
Transfer of land—
added
In general— Administrative jurisdiction over the land identified on the map as “Lands withdrawn or acquired for Bureau of Reclamation projects”, as modified pursuant to clause (i)(II), if applicable, shall be transferred from the Commissioner of Reclamation to the Director of the National Park Service by not later than the date that is 1 year after the date of enactment of this Act.
added
Access to transferred land—
added
In general— Subject to item (bb), the Commissioner of Reclamation shall retain access to the land transferred to the Director of the National Park Service under subclause (I) for reclamation purposes, including for the operation, maintenance, and expansion or replacement of facilities.
added
Memorandum of understanding— The terms of the access authorized under item (aa) shall be determined by a memorandum of understanding entered into between the Commissioner of Reclamation and the Director of the National Park Service not later than 1 year after the date of enactment of this Act.
added
Management agreements—
added
In general— The Secretary may enter into management agreements, or modify management agreements in existence on the date of enactment of this Act, relating to the authority of the Director of the National Park Service, the Commissioner of Reclamation, the Director of the Bureau of Land Management, or the Chief of the Forest Service to manage Federal land within or adjacent to the boundary of the National Recreation Area.
added
State land— The Secretary may enter into cooperative management agreements for any land administered by the State that is within or adjacent to the National Recreation Area, in accordance with the cooperative management authority under section 101703 of title 54, United States Code.
added
Recreational activities—
added
Authorization— Except as provided in subparagraph (B), the Secretary shall allow boating, boating-related activities, hunting, and fishing in the National Recreation Area in accordance with applicable Federal and State laws.
added
Closures; designated zones—
added
In general— The Secretary, acting through the Superintendent of the National Recreation Area, may designate zones in which, and establish periods during which, no boating, hunting, or fishing shall be permitted in the National Recreation Area under subparagraph (A) for reasons of public safety, administration, or compliance with applicable laws.
added
Consultation required— Except in the case of an emergency, any closure proposed by the Secretary under clause (i) shall not take effect until after the date on which the Superintendent of the National Recreation Area consults with—
added
the appropriate State agency responsible for hunting and fishing activities; and
added
the Board of County Commissioners in each county in which the zone is proposed to be designated.
added
Landowner assistance— On the written request of an individual that owns private land located not more than 3 miles from the boundary of the National Recreation Area, the Secretary may work in partnership with the individual to enhance the long-term conservation of natural, cultural, recreational, and scenic resources in and around the National Recreation Area—
added
by acquiring all or a portion of the private land or interests in private land located not more than 3 miles from the boundary of the National Recreation Area by purchase, exchange, or donation, in accordance with section 21403;
added
by providing technical assistance to the individual, including cooperative assistance;
added
through available grant programs; and
added
by supporting conservation easement opportunities.
added
Withdrawal— Subject to valid existing rights, all Federal land within the National Recreation Area is withdrawn from—
added
entry, appropriation, and disposal under the public land laws;
added
location, entry, and patent under the mining laws; and
added
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
added
Grazing—
added
State land subject to a state grazing lease—
added
In general— If State land acquired under this title is subject to a State grazing lease in effect on the date of acquisition, the Secretary shall allow the grazing to continue for the remainder of the term of the lease, subject to the related terms and conditions of user agreements, including permitted stocking rates, grazing fee levels, access rights, and ownership and use of range improvements.
added
Access— A lessee of State land may continue its use of established routes within the National Recreation Area to access State land for purposes of administering the lease if the use was permitted before the date of enactment of this Act, subject to such terms and conditions as the Secretary may require.
added
State and private land— The Secretary may, in accordance with applicable laws, authorize grazing on land acquired from the State or private landowners under section 21403, if grazing was established before the date of acquisition.
added
Private land— On private land acquired under section 21403 for the National Recreation Area on which authorized grazing is occurring before the date of enactment of this Act, the Secretary, in consultation with the lessee, may allow the continuation and renewal of grazing on the land based on the terms of acquisition or by agreement between the Secretary and the lessee, subject to applicable law (including regulations).
added
Federal land— The Secretary shall—
added
allow, consistent with the grazing leases, uses, and practices in effect as of the date of enactment of this Act, the continuation and renewal of grazing on Federal land located within the boundary of the National Recreation Area on which grazing is allowed before the date of enactment of this Act, unless the Secretary determines that grazing on the Federal land would present unacceptable impacts (as defined in section 1.4.7.1 of the National Park Service document entitled “Management Policies 2006: The Guide to Managing the National Park System”) to the natural, cultural, recreational, and scenic resource values and the character of the land within the National Recreation Area; and
added
retain all authorities to manage grazing in the National Recreation Area.
added
Termination of leases— Within the National Recreation Area, the Secretary may—
added
accept the voluntary termination of a lease or permit for grazing; or
added
in the case of a lease or permit vacated for a period of 3 or more years, terminate the lease or permit.
added
Water rights— Nothing in this title—
added
affects any use or allocation in existence on the date of enactment of this Act of any water, water right, or interest in water;
added
affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States;
added
affects any interstate water compact in existence on the date of enactment of this Act;
added
authorizes or imposes any new reserved Federal water right;
added
shall be considered to be a relinquishment or reduction of any water right reserved or appropriated by the United States in the State on or before the date of enactment of this Act; or
added
constitutes an express or implied Federal reservation of any water or water rights with respect to the National Recreation area.
added
Fishing easements—
added
In general— Nothing in this title diminishes or alters the fish and wildlife program for the Aspinall Unit developed under section 8 of the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) (70 Stat. 110, chapter 203; 43 U.S.C. 620g), by the United States Fish and Wildlife Service, the Bureau of Reclamation, and the Colorado Division of Wildlife (including any successor in interest to that division) that provides for the acquisition of public access fishing easements as mitigation for the Aspinall Unit (referred to in this paragraph as the “program”).
added
Acquisition of fishing easements— The Secretary shall continue to fulfill the obligation of the Secretary under the program to acquire 26 miles of class 1 public fishing easements to provide to sportsmen access for fishing within the Upper Gunnison Basin upstream of the Aspinall Unit, subject to the condition that no existing fishing access downstream of the Aspinall Unit shall be counted toward the minimum mileage requirement under the program.
added
Plan— Not later than 1 year after the date of enactment of this Act, the Secretary shall—
added
develop a plan for fulfilling the obligation of the Secretary described in subparagraph (B); and
added
submit to Congress a report that—
added
includes the plan developed under clause (i); and
added
describes any progress made in the acquisition of public access fishing easements as mitigation for the Aspinall Unit under the program.
Sec. 21403 Acquisition of land; boundary management
added
added
Acquisition—
added
In general— The Secretary may acquire any land or interest in land within the boundary of the National Recreation Area.
added
Manner of acquisition—
added
In general— Subject to subparagraph (B), land described in paragraph (1) may be acquired under this subsection by—
added
donation;
added
purchase from willing sellers with donated or appropriated funds;
added
transfer from another Federal agency; or
added
exchange.
added
State land— Land or interests in land owned by the State or a political subdivision of the State may only be acquired by purchase, donation, or exchange.
added
Transfer of administrative jurisdiction—
added
Forest service land—
added
In general— Administrative jurisdiction over the approximately 2,560 acres of land identified on the map as “U.S. Forest Service proposed transfer to the National Park Service” is transferred to the Secretary, to be administered by the Director of the National Park Service as part of the National Recreation Area.
added
Boundary adjustment— The boundary of the Gunnison National Forest shall be adjusted to exclude the land transferred to the Secretary under subparagraph (A).
added
Bureau of land management land— Administrative jurisdiction over the approximately 5,040 acres of land identified on the map as “Bureau of Land Management proposed transfer to National Park Service” is transferred from the Director of the Bureau of Land Management to the Director of the National Park Service, to be administered as part of the National Recreation Area.
added
Withdrawal— Administrative jurisdiction over the land identified on the map as “Proposed for transfer to the Bureau of Land Management, subject to the revocation of Bureau of Reclamation withdrawal” shall be transferred to the Director of the Bureau of Land Management on relinquishment of the land by the Bureau of Reclamation and revocation by the Bureau of Land Management of any withdrawal as may be necessary.
added
Potential land exchange—
added
In general— The withdrawal for reclamation purposes of the land identified on the map as “Potential exchange lands” shall be relinquished by the Commissioner of Reclamation and revoked by the Director of the Bureau of Land Management and the land shall be transferred to the National Park Service.
added
Exchange; inclusion in national recreation area— On transfer of the land described in paragraph (1), the transferred land—
added
may be exchanged by the Secretary for private land described in section 21402(c)(5)—
added
subject to a conservation easement remaining on the transferred land, to protect the scenic resources of the transferred land; and
added
in accordance with the laws (including regulations) and policies governing National Park Service land exchanges; and
added
if not exchanged under subparagraph (A), shall be added to, and managed as a part of, the National Recreation Area.
added
Addition to national recreation area— Any land within the boundary of the National Recreation Area that is acquired by the United States shall be added to, and managed as a part of, the National Recreation Area.
Sec. 21404 General management plan
addedadded Not later than 3 years after the date on which funds are made available to carry out this title, the Director of the National Park Service, in consultation with the Commissioner of Reclamation, shall prepare a general management plan for the National Recreation Area in accordance with section 100502 of title 54, United States Code.
Sec. 21405 Boundary survey
addedadded The Secretary (acting through the Director of the National Park Service) shall prepare a boundary survey and legal description of the National Recreation Area.