National Defense Authorization Act for Fiscal Year 2021

116TH CONGRESS 2D SESSION S. 4049 AN ACT To authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military construction, and for defense activities of the Depart- ment of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. 2 † S 4049 ES Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Defense Au- 4 thorization Act for Fiscal Year 2021’’. 5 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 6 CONTENTS. 7 (a) DIVISIONS.—This Act is organized into six divi- 8 sions as follows: 9 (1) Division A—Department of Defense Au- 10 thorizations. 11 (2) Division B—Military Construction Author- 12 izations. 13 (3) Division C—Department of Energy Na- 14 tional Security Authorizations and Other Authoriza- 15 tions. 16 (4) Division D—Funding Tables. 17 (5) Division E—Additional Provisions. 18 (6) Division F—Intelligence Authorization Act 19 for Fiscal Year 2021. 20 (b) TABLE OF CONTENTS.—The table of contents for 21 this Act is as follows: 22 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 3 † S 4049 ES Subtitle A—Authorization of Appropriations Sec. 101. Authorization of appropriations. Subtitle B—Army Programs Sec. 111. Integrated air and missile defense assessment. Sec. 112. Report and limitation on Integrated Visual Augmentation System ac- quisition. Sec. 113. Modifications to requirement for an interim cruise missile defense ca- pability. Subtitle C—Navy Programs Sec. 121. Contract authority for Columbia-class submarine program. Sec. 122. Limitation on Navy medium and large unmanned surface vessels. Sec. 123. Extension of prohibition on availability of funds for Navy waterborne security barriers. Sec. 124. Procurement authorities for certain amphibious shipbuilding pro- grams. Sec. 125. Fighter force structure acquisition strategy. Sec. 126. Treatment of systems added by Congress in future President’s budget requests. Sec. 127. Report on carrier wing composition. Sec. 128. Report on strategy to use ALQ–249 Next Generation Jammer to en- sure full spectrum electromagnetic superiority. Subtitle D—Air Force Programs Sec. 141. Economic order quantity contracting authority for F–35 joint strike fighter program. Sec. 142. Minimum aircraft levels for major mission areas. Sec. 143. Minimum operational squadron level. Sec. 144. Minimum Air Force bomber aircraft level. Sec. 145. F–35 gun system. Sec. 146. Prohibition on funding for Close Air Support Integration Group. Sec. 147. Limitation on divestment of KC–10 and KC–135 aircraft. Sec. 148. Limitation on retirement of U–2 and RQ–4 aircraft. Sec. 149. Limitation on divestment of F–15C aircraft in the European theater. Sec. 150. Air base defense development and acquisition strategy. Sec. 151. Required solution for KC–46 aircraft remote visual system limita- tions. Sec. 152. Analysis of requirements and Advanced Battle Management System capabilities. Sec. 153. Studies on measures to assess cost-per-effect for key mission areas. Sec. 154. Plan for operational test and utility evaluation of systems for Low- Cost Attributable Aircraft Technology program. Sec. 155. Prohibition on retirement or divestment of A–10 aircraft. Subtitle E—Defense-wide, Joint, and Multiservice Matters Sec. 171. Budgeting for life-cycle cost of aircraft for the Navy, Army, and Air Force: annual plan and certification. Sec. 172. Authority to use F–35 aircraft withheld from delivery to Government of Turkey. 4 † S 4049 ES Sec. 173. Transfer from Commander of United States Strategic Command to Chairman of the Joint Chiefs of Staff of responsibilities and functions relating to electromagnetic spectrum operations. Sec. 174. Cryptographic modernization schedules. Sec. 175. Prohibition on purchase of armed overwatch aircraft. Sec. 176. Special operations armed overwatch. Sec. 177. Autonomic Logistics Information System redesign strategy. Sec. 178. Contract aviation services in a country or in airspace in which a Spe- cial Federal Aviation Regulation applies. Sec. 179. F–35 aircraft munitions. Sec. 180. Airborne intelligence, surveillance, and reconnaissance acquisition roadmap for United States Special Operations Command. Sec. 181. Requirement to accelerate the fielding and development of counter unmanned aerial systems across the joint force. Sec. 182. Joint All Domain Command and Control requirements. 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. Designation and activities of senior officials for critical technology areas supportive of the National Defense Strategy. Sec. 212. Governance of fifth-generation wireless networking in the Department of Defense. Sec. 213. Application of artificial intelligence to the defense reform pillar of the National Defense Strategy. Sec. 214. Extension of authorities to enhance innovation at Department of De- fense laboratories. Sec. 215. Updates to Defense Quantum Information Science and Technology Research and Development program. Sec. 216. Program of part-time and term employment at Department of De- fense science and technology reinvention laboratories of faculty and students from institutions of higher education. Sec. 217. Improvements to Technology and National Security Fellowship of De- partment of Defense. Sec. 218. Department of Defense research, development, and deployment of technology to support water sustainment. Sec. 219. Development and testing of hypersonic capabilities. Sec. 220. Disclosure requirements for recipients of Department of Defense re- search and development grants. Subtitle C—Plans, Reports, and Other Matters Sec. 231. Assessment on United States national security emerging bio- technology efforts and capabilities and comparison with adver- saries. Sec. 232. Independent comparative analysis of efforts by China and the United States to recruit and retain researchers in national security-re- lated fields. Sec. 233. Department of Defense demonstration of virtualized radio access net- work and massive multiple input multiple output radio arrays for fifth generation wireless networking. 5 † S 4049 ES Sec. 234. Independent technical review of Federal Communications Commission Order 20–48. Sec. 235. Report on micro nuclear reactor programs. Sec. 236. Modification to Test Resource Management Center strategic plan re- porting cycle and contents. Sec. 237. Limitation on contract awards for certain unmanned vessels. Sec. 238. Documentation relating to the Advanced Battle Management System. Sec. 239. Armed Services Vocational Aptitude Battery Test special purpose ad- junct to address computational thinking. Sec. 240. Report on use of testing facilities to research and develop hypersonic technology. Sec. 241. Study and plan on the use of additive manufacturing and three-di- mensional bioprinting in support of the warfighter. Sec. 242. Element in annual reports on cyber science and technology activities on work with academic consortia on high priority cybersecurity research activities in Department of Defense capabilities. TITLE III—OPERATION AND MAINTENANCE Subtitle A—Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B—Energy and Environment Sec. 311. Modifications and technical corrections to ensure restoration of con- tamination by perfluorooctane sulfonate and perfluorooctanoic acid. Sec. 312. Readiness and Environmental Protection Integration Program tech- nical edits and clarification. Sec. 313. Survey and market research of technologies for phase out by Depart- ment of Defense of use of fluorinated aqueous film-forming foam. Sec. 314. Modification of authority to carry out military installation resilience projects. Sec. 315. Native American Indian lands environmental mitigation program. Sec. 316. Energy resilience and energy security measures on military installa- tions. Sec. 317. Modification to availability of energy cost savings for Department of Defense. Sec. 318. Long-duration demonstration initiative and joint program. Sec. 319. Pilot program on alternative fuel vehicle purchasing. Sec. 320. Extension of real-time sound monitoring at Navy installations where tactical fighter aircraft operate. Sec. 321. Study on impacts of transboundary flows, spills, or discharges of pol- lution or debris from the Tijuana River on personnel, activities, and installations of Department of Defense. Sec. 322. Increase in funding for study by Centers for Disease Control and Prevention relating to perfluoroalkyl and polyfluoroalkyl sub- stance contamination in drinking water. Subtitle C—Logistics and Sustainment Sec. 331. Repeal of statutory requirement for notification to Director of De- fense Logistics Agency three years prior to implementing changes to any uniform or uniform component. 6 † S 4049 ES Sec. 332. Clarification of limitation on length of overseas forward deployment of currently deployed naval vessels. Subtitle D—Reports Sec. 351. Report on impact of permafrost thaw on infrastructure, facilities, and operations of the Department of Defense. Sec. 352. Plans and reports on emergency response training for military instal- lations. Sec. 353. Report on implementation by Department of Defense of requirements relating to renewable fuel pumps. Sec. 354. Report on effects of extreme weather on Department of Defense. Subtitle E—Other Matters Sec. 371. Prohibition on divestiture of manned intelligence, surveillance, and re- connaissance aircraft operated by United States Special Oper- ations Command. Sec. 372. Information on overseas construction projects in support of contin- gency operations using funds for operation and maintenance. Sec. 373. Provision of protection to the National Museum of the Marine Corps, the National Museum of the United States Army, the National Museum of the United States Navy, and the National Museum of the United States Air Force. Sec. 374. Inapplicability of congressional notification and dollar limitation re- quirements for advance billings for certain background inves- tigations. Sec. 375. Repeal of sunset for minimum annual purchase amount for carriers participating in the Civil Reserve Air Fleet. Sec. 376. Improvement of the Operational Energy Capability Improvement Fund of the Department of Defense. Sec. 377. Commission on the naming of items of the Department of Defense that commemorate the Confederate States of America or any person who served voluntarily with the Confederate States of America. Sec. 378. Modifications to review of proposed actions by Military Aviation and Installation Assurance Clearinghouse. Sec. 379. Adjustment in availability of appropriations for unusual cost overruns and for changes in scope of work. Sec. 380. Requirement that Secretary of Defense implement security and emer- gency response recommendations relating to active shooter or terrorist attacks on installations of Department of Defense. Sec. 381. Clarification of food ingredient requirements for food or beverages provided by the Department of Defense. TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS Subtitle A—Active Forces Sec. 401. End strengths for active forces. Sec. 402. End strength level matters. Subtitle B—Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). 7 † S 4049 ES Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 415. Separate authorization by Congress of minimum end strengths for non-temporary military technicians (dual status) and maximum end strengths for temporary military technicians (dual status). Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. TITLE V—MILITARY PERSONNEL POLICY Subtitle A—Officer Personnel Policy Sec. 501. Repeal of codified specification of authorized strengths of certain commissioned officers on active duty. Sec. 502. Temporary expansion of availability of enhanced constructive service credit in a particular career field upon original appointment as a commissioned officer. Sec. 503. Requirement for promotion selection board recommendation of higher placement on promotion list of officers of particular merit. Sec. 504. Special selection review boards for review of promotion of officers subject to adverse information identified after recommendation for promotion and related matters. Sec. 505. Number of opportunities for consideration for promotion under alter- native promotion authority. Sec. 506. Mandatory retirement for age. Sec. 507. Clarifying and improving restatement of rules on the retired grade of commissioned officers. Sec. 508. Repeal of authority for original appointment of regular Navy officers designated for engineering duty, aeronautical engineering duty, and special duty. Subtitle B—Reserve Component Management Sec. 511. Exclusion of certain reserve general and flag officers on active duty from limitations on authorized strengths. Subtitle C—General Service Authorities Sec. 516. Increased access to potential recruits. Sec. 517. Temporary authority to order retired members to active duty in high- demand, low-density assignments during war or national emer- gency. Sec. 518. Certificate of Release or Discharge from Active Duty (DD Form 214) matters. Sec. 519. Evaluation of barriers to minority participation in certain units of the Armed Forces. Sec. 520. Reports on diversity and inclusion in the Armed Forces. Subtitle D—Military Justice and Related Matters PART I—INVESTIGATION, PROSECUTION, AND DEFENSE OF SEXUAL ASSAULT AND RELATED MATTERS Sec. 521. Modification of time required for expedited decisions in connection with applications for change of station or unit transfer of mem- bers who are victims of sexual assault or related offenses. 8 † S 4049 ES Sec. 522. Defense Advisory Committee for the Prevention of Sexual Mis- conduct. Sec. 523. Report on ability of Sexual Assault Response Coordinators and Sex- ual Assault Prevention and Response Victim Advocates to per- form duties. Sec. 524. Briefing on Special Victims’ Counsel program. Sec. 525. Accountability of leadership of the Department of Defense for dis- charging the sexual harassment policies and programs of the Department. Sec. 526. Safe-to-report policy applicable across the Armed Forces [Text truncated for display. Full text available on Congress.gov.]