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

PUBLIC LAW 116–283—JAN. 1, 2021 WILLIAM M. (MAC) THORNBERRY NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2021 ★(Star Print) VerDate Sep 11 2014 06:40 Jan 20, 2022 Jkt 019139 PO 00283 Frm 00001 Fmt 6579 Sfmt 6581 E:\PUBLAW\PUBL283.116 PUBL283 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 3388 PUBLIC LAW 116–283—JAN. 1, 2021 Public Law 116–283 116th Congress An Act To authorize appropriations for fiscal year 2021 for military activities of the Depart- ment of Defense, for military construction, and for defense activities of the Depart- ment of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021’’. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. (a) DIVISIONS.—This Act is organized into eight divisions as follows: (1) Division A—Department of Defense Authorizations. (2) Division B—Military Construction Authorizations. (3) Division C—Department of Energy National Security Authorizations and Other Authorizations. (4) Division D—Funding Tables. (5) Division E—National Artificial Intelligence Initiative Act of 2020 (6) Division F—Anti-Money Laundering (7) Division G—Elijah E. Cummings Coast Guard Authorization Act of 2020 (8) Division H—Other Matters (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. Sec. 4. Budgetary effects of this Act. DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I—PROCUREMENT Subtitle A—Authorization of Appropriations Sec. 101. Authorization of appropriations. Subtitle B—Army Programs Sec. 111. Modifications to requirement for an interim cruise missile defense capa- bility. Sec. 112. Report and limitations on acquisition of Integrated Visual Augmentation System. Sec. 113. Assessment of investment and sustainment for procurement of cannon tubes. Subtitle C—Navy Programs Sec. 121. Limitation on alteration of the Navy fleet mix. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021. Jan. 1, 2021 [H.R. 6395] VerDate Sep 11 2014 06:40 Jan 20, 2022 Jkt 019139 PO 00283 Frm 00002 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL283.116 PUBL283 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 3389 PUBLIC LAW 116–283—JAN. 1, 2021 Sec. 122. Limitations on Navy medium and large unmanned surface vessels. Sec. 123. Fighter force structure acquisition strategy. Sec. 124. Procurement authorities for certain amphibious shipbuilding programs. Sec. 125. Land-based test program for the FFG(X) Frigate program. Sec. 126. Treatment in future budgets of the President of systems added by Con- gress. Sec. 127. Extension of prohibition on availability of funds for Navy waterborne se- curity barriers. Sec. 128. Report on strategy to use ALQ–249 Next Generation Jammer to ensure full spectrum electromagnetic superiority. Subtitle D—Air Force Programs Sec. 131. Minimum operational squadron level. Sec. 132. Modification of force structure objectives for bomber aircraft. Sec. 133. Minimum bomber aircraft force level. Sec. 134. Required minimum inventory of tactical airlift aircraft. Sec. 135. Inventory requirements for air refueling tanker aircraft. Sec. 136. Authority to use F–35A fighter aircraft AT–1 through AT–6. Sec. 137. F–35 aircraft gun system ammunition. Sec. 138. Extension of limitation on availability of funds for retirement of RC–135 aircraft. Sec. 139. Modification to limitation on retirement of U–2 and RQ–4 aircraft. Sec. 140. Modification of limitation on availability of funds for retirement of E–8 JSTARS aircraft. Sec. 141. Limitation on divestment of F–15C aircraft within the European theater. Sec. 142. Modernization plan for airborne intelligence, surveillance, and reconnais- sance. Sec. 143. RC–26B manned intelligence, surveillance, and reconnaissance aircraft. Sec. 144. Prohibition on funding for Close Air Support Integration Group. Sec. 145. Required solution for KC–46 aircraft remote visual system limitations. Sec. 146. Analysis of moving target indicator requirements and Advanced Battle Management System capabilities. Sec. 147. Study on measures to assess cost-per-effect for key mission areas. Subtitle E—Defense-wide, Joint, and Multiservice Matters Sec. 151. Budgeting for life-cycle costs of aircraft for the Army, Navy, and Air Force. Sec. 152. Transfer of responsibilities and functions relating to electromagnetic spec- trum operations. Sec. 153. Cryptographic modernization schedules. Sec. 154. Department of Defense participation in the Special Federal Aviation Reg- ulation Working Group. Sec. 155. Integrated air and missile defense assessment. Sec. 156. Joint strategy for air base defense against missile threats. Sec. 157. Joint All Domain Command and Control requirements. Sec. 158. Expansion of economic order quantity contracting authority for F–35 air- craft program. Sec. 159. Documentation relating to the F–35 aircraft program. Sec. 160. F–35 aircraft munitions. Sec. 161. Redesign strategy for the Autonomic Logistics Information System for the F–35 fighter aircraft. Sec. 162. Briefings on software regression testing for F–35 aircraft. Sec. 163. Prohibition on use of funds for the Armed Overwatch Program. Sec. 164. Acceleration of development and fielding of counter unmanned aircraft systems across the joint force. Sec. 165. Airborne intelligence, surveillance, and reconnaissance acquisition road- map for the United States Special Operations Command. Sec. 166. Prohibition on divestiture of manned intelligence, surveillance, and recon- naissance aircraft operated by United States Special Operations Com- mand. Sec. 167. Notification on efforts to replace inoperable ejection seat aircraft locator beacons. TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A—Authorization of Appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program Requirements, Restrictions, and Limitations Sec. 211. Modification of requirements relating to certain cooperative research and development agreements. VerDate Sep 11 2014 06:40 Jan 20, 2022 Jkt 019139 PO 00283 Frm 00003 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL283.116 PUBL283 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 3390 PUBLIC LAW 116–283—JAN. 1, 2021 Sec. 212. Disclosure requirements for recipients of Department of Defense research and development funds. Sec. 213. Modification of national security innovation activities and pilot program on strengthening the defense industrial and innovation base. Sec. 214. Updates to Defense Quantum Information Science and Technology Re- search and Development program. Sec. 215. Establishment of Directed Energy Working Group. Sec. 216. Extension of pilot program for the enhancement of the research, develop- ment, test, and evaluation centers of the Department of Defense. Sec. 217. Designation of senior officials for critical technology areas supportive of the National Defense Strategy. Sec. 218. Executive agent for Autonomy. Sec. 219. National security innovation partnerships. Sec. 220. Social science, management science, and information science research ac- tivities. Sec. 221. Accountability measures relating to the Advanced Battle Management System. Sec. 222. Activities to improve fielding of Air Force hypersonic capabilities. Sec. 223. Disclosure of funding sources in applications for Federal research and de- velopment awards. Sec. 224. Governance of fifth-generation wireless networking in the Department of Defense. Sec. 225. Demonstration project on use of certain technologies for fifth-generation wireless networking services. Sec. 226. Research, development, and deployment of technologies to support water sustainment. Sec. 227. Limitation on contract awards for certain unmanned vessels. Subtitle C—Artificial Intelligence and Emerging Technology Sec. 231. Modification of biannual report on the Joint Artificial Intelligence Center. Sec. 232. Modification of joint artificial intelligence research, development, and transition activities. Sec. 233. Board of advisors for the Joint Artificial Intelligence Center. Sec. 234. Application of artificial intelligence to the defense reform pillar of the Na- tional Defense Strategy. Sec. 235. Acquisition of ethically and responsibly developed artificial intelligence technology. Sec. 236. Steering committee on emerging technology. Subtitle D—Education and Workforce Development Sec. 241. Measuring and incentivizing programming proficiency. Sec. 242. Modification of Science, Mathematics, and Research for Transformation (SMART) Defense Education Program. Sec. 243. Improvements to Technology and National Security Fellowship of Depart- ment of Defense. Sec. 244. Modification of mechanisms for expedited access to technical talent and expertise at academic institutions. Sec. 245. Encouragement of contractor science, technology, engineering, and mathe- matics (STEM) programs. Sec. 246. Training program for human resources personnel in best practices for technical workforce. Sec. 247. Pilot program on the use of electronic portfolios to evaluate certain appli- cants for technical positions. Sec. 248. Pilot program on self-directed training in advanced technologies. Sec. 249. Part-time and term employment of university faculty and students in the Defense science and technology enterprise. Sec. 250. National security workforce and educational diversity activities. Sec. 251. Coordination of scholarship and employment programs of the Department of Defense. Sec. 252. Study on mechanisms for attracting and retaining high quality talent in the Department of Defense. Subtitle E—Sustainable Chemistry Sec. 261. National coordinating entity for sustainable chemistry. Sec. 262. Strategic plan for sustainable chemistry. Sec. 263. Agency activities in support of sustainable chemistry. Sec. 264. Partnerships in sustainable chemistry. Sec. 265. Prioritization. Sec. 266. Rule of construction. Sec. 267. Major multi-user research facility project. Subtitle F—Plans, Reports, and Other Matters Sec. 271. Modification to annual report of the Director of Operational Test and Evaluation. VerDate Sep 11 2014 06:40 Jan 20, 2022 Jkt 019139 PO 00283 Frm 00004 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL283.116 PUBL283 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 3391 PUBLIC LAW 116–283—JAN. 1, 2021 Sec. 272. Modification to Test Resource Management Center strategic plan report- ing cycle and contents. Sec. 273. Modification of requirements relating to energetics plan to include assess- ment of feasibility and advisability of establishing a program office for energetics. Sec. 274. Element in annual reports on cyber science and technology activities on work with academic consortia on high priority cybersecurity research ac- tivities in Department of Defense capabilities. Sec. 275. Repeal of quarterly updates on the Optionally Manned Fighting Vehicle program. Sec. 276. Microelectronics and national security. Sec. 277. Independent evaluation of personal protective and diagnostic testing equipment. Sec. 278. Assessment on United States national security emerging biotechnology ef- forts and capabilities and comparison with adversaries. Sec. 279. Annual reports regarding the SBIR program of the Department of De- fense. Sec. 280. Reports on F–35 physiological episodes and mitigation efforts. Sec. 281. Review and report on next generation air dominance capabilities. Sec. 282. Plan for operational test and utility evaluation of systems for Low-Cost Attributable Aircraft Technology program. Sec. 283. Independent comparative analysis of efforts by China and the United States to recruit and retain researchers in national security-related and defense-related fields. TITLE III—OPERATION AND MAINTENANCE Subtitle A—Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B—Energy and Environment Sec. 311. Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions. Sec. 312. Readiness and Environmental Protection Integration Program. Sec. 313. Extension of real-time sound monitoring at Navy installations where tac- tical fighter aircraft operate. Sec. 314. Modification of authority for environmental restoration projects of Na- tional Guard. Sec. 315. Modification of authority to carry out military installation resilience projects. Sec. 316. Energy resilience and energy security measures on military installations. Sec. 317. Modification to availability of energy cost savings for Department of De- fense. Sec. 318. Increased transparency through reporting on usage and spills of aqueous film-forming foam at military installations. Sec. 319. Native American lands environmental mitigation program. Sec. 320. Study on alternatives to address impacts of transboundary flows, spills, or discharges of pollution or debris from the Tijuana River on personnel, activities, and installations of Department of Defense. Sec. 321. Pilot program on alternative fuel vehicle purchasing. Sec. 322. Budgeting of Department of Defense relating to operational energy im- provement. Sec. 323. Assessment of Department of Defense operational energy usage. Sec. 324. Improvement of the Operational Energy Capability Improvement Fund of the Department of Defense. Sec. 325. Five-year reviews of containment technologies relating to Red Hill Bulk Fuel Storage Facility. Sec. 326. Limitation on use of funds for acquisition of furnished energy for Rhine Ordnance Barracks Army Medical Center. Sec. 327. Requirement to update Department of Defense adaptation roadmap. Sec. 328. Department of Defense report on greenhouse gas emissions levels. Sec. 329. Objectives, performance standards, and criteria for use of wildlife con- servation banking programs. Sec. 330. Prizes for development of non-PFAS-containing fire-fighting agent. Sec. 331. Survey of technologies for Department of Defense application in phasing out the use of fluorinated aqueous film-forming foam. Sec. 332. Interagency body on research related to per- and polyfluoroalkyl sub- stances. Sec. 333. Restriction on Department of Defense procurement of certain items con- taining perfluorooctane sulfonate or perfluorooctanoic acid. Sec. 334. Research and development of alternative to aqueous film-forming foam. VerDate Sep 11 2014 06:40 Jan 20, 2022 Jkt 019139 PO 00283 Frm 00005 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL283.116 PUBL283 dkrause on LAP5T8D0R2PROD with PUBLAWS 134 STAT. 3392 PUBLIC LAW 116–283—JAN. 1, 2021 Sec. 335. Notification to agric [Text truncated for display. Full text available on Congress.gov.]