§ 113. Secretary of Defense

advocacy for joint electronic warfare capabilities;

providing contingency electronic warfare support to other combatant commands; and

supporting combatant command joint training and planning related to electromagnetic spectrum operations.

In general.—

Not later than 180 days before the date of the transfer of responsibilities required by subsection (a), the Secretary shall develop a plan to carry out the transfer.

Considerations.—

In developing the plan required by paragraph (1), the Secretary shall consider the following:

Submittal to congress.—

Not later than 180 days before the date of the transfer of responsibilities required by subsection (a), the Secretary shall submit to Congress the following:

In general.—

Not later than

Elements.—

Each evaluation under paragraph (1) shall include assessment of the following:

In general.—

Not later than

Elements.—

Each evaluation under paragraph (1) shall include assessment of the following:

identify policies and procedures protecting defense-sensitive United States intellectual property, technology, and other data and information, including hardware and software, from acquisition by the government of China; and

to the extent that the Secretary determines that such policies and procedures are insufficient to provide such protection, develop additional policies and procedures.

Establish and maintain a list of critical national security technology that may require certain restrictions on current or former employees, contractors, or subcontractors (at any tier) of the Department of Defense that contribute to such technology.

Review the existing authorities under which employees of the Department of Defense may be subject to post-employment restrictions with foreign governments and with organizations subject to foreign ownership, control, or influence.

Identify additional measures that may be necessary to enhance the authorities described in paragraph (2).

In general.—

The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall continue assessing potential multi-domain risks in the Arctic, identifying capability and capacity gaps in the current and projected force, and planning for and implementing the training, equipping, and doctrine requirements necessary to mitigate such risks and gaps.

Training.—

In carrying out paragraph (1), the Secretary may direct the Armed Forces to conduct training in the Arctic or training relevant to military operations in the Arctic.

In general.—

If the Secretary of Defense determines that there are capability or capacity gaps for the Armed Forces in the Arctic, the Secretary may conduct research and development on the current and future requirements and needs of the Armed Forces for operations in the Arctic.

Elements.—

Research and development conducted under paragraph (1) may include the following:

The term ‘adverse event’ means—

The term ‘consumer product’ has the meaning given that term in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052).”

implementation of the Department of Defense plan entitled ‘Women, Peace, and Security Strategic Framework and Implementation Plan’ published in June 2020, or any successor plan;

establishing Department of Defense-wide policies and programs that advance the implementation of the Act, including military doctrine and Department-specific and combatant command-specific programs;

ensuring the Department has sufficient qualified personnel to advance implementation of that Act, including by hiring and training full-time equivalent personnel, as necessary, and establishing roles, responsibilities, and requirements for such personnel;

as appropriate, the deliberate integration of relevant training curriculum for members of the Armed Forces across all ranks; and

security cooperation activities that further the implementation of that Act.

Incorporation of gender analysis and participation of women into security cooperation activities.—

Consistent with the Women, Peace, and Security Act of 2017 (Public Law 115–68; 131 Stat. 1202), the Secretary of Defense, in coordination with the Secretary of State, shall incorporate participation by women and the analysis described in the Women’s Entrepreneurship and Economic Empowerment Act of 2018 (Public Law 115–428; 132 Stat. 5509 [see Tables for classification]) into the institutional and national security force capacity-building activities of security cooperation programs carried out under title 10, United States Code, including, as appropriate, by—

Barriers and opportunities.—

Partner country assessments conducted in the course of Department security cooperation activities to build the capacity of the national security forces of foreign countries shall include attention to the barriers and opportunities with respect to strengthening recruitment, employment, development, retention, and promotion of women in the military forces of such partner countries.

implementation of defense lines of effort outlined in the June 2020 Department of Defense ‘Women, Peace, and Security Strategic Framework and Implementation Plan’ and described in paragraphs (1) through (5) of subsection (a) and subparagraphs (A) through (E) of subsection (b)(1), as appropriate; and

an enumeration of the funds used in such implementation and an identification of funding shortfalls, if any, that may inhibit implementation.

the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.”

Modernize and strengthen the presence of the United States Armed Forces, including those with advanced capabilities.

Improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel.

Carry out a program of exercises, training, experimentation, and innovation for the joint force.

Improve infrastructure to enhance the responsiveness and resiliency of the United States Armed Forces.

Build the defense and security capabilities, capacity, and cooperation of allies and partners.

A description of the activities and resources for the first fiscal year beginning after the date of submission of the report and the plan for not fewer than the four following fiscal years, organized by the activities described in paragraphs (1) through (5) of subsection (b).

A summary of progress made towards achieving the purposes of the Initiative.

A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve measurable progress in reducing risk to the joint force’s ability to achieve objectives in the region, including through investments in—

A detailed timeline to achieve the requirements identified under paragraph (3).

A detailed explanation of any significant modifications to such requirements, as compared to plans previously submitted under this subsection.

Any other matter, as determined by the Secretary.

The resources necessary for the Initiative to carry out the activities required under subsection (b) for the applicable fiscal year and not fewer than the four following fiscal years, organized by the activities described in paragraphs (1) through (5) of that subsection.

With respect to procurement accounts—

With respect to research, development, test, and evaluation accounts—

With respect to operation and maintenance accounts—

With respect to military personnel accounts—

With respect to each project under military construction accounts (including with respect to unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount by fiscal year.

With respect to the activities described in subsection (b)—

With respect to each military service—

With respect to the amounts described in each of paragraphs (2)(A), (3)(A), (4)(A), (5)(A), (6), (7)(A), and (8)(A), a comparison between—

Collection, digitization, and sharing of archival information.

Building the capacity of Vietnam to conduct archival research, investigations, and excavations.

Improving DNA analysis capacity.

Increasing veteran-to-veteran exchanges.

Other support activities the Secretary of Defense considers necessary and appropriate.”

Annual report.—

Not later than

Concurrent publication.—

Concurrent with the submission of each list described in paragraph (1), the Secretary shall publish the unclassified portion of such list in the Federal Register.

Ongoing revisions.—

The Secretary shall make additions or deletions to the most recent list submitted under paragraph (1) on an ongoing basis based on the latest information available.

Chinese military company.—

The term ‘Chinese military company’—

Military-civil fusion contributor.—

The term ‘military-civil fusion contributor’ includes any of the following:

People’s liberation army.—

The term ‘People’s Liberation Army’ means the land, naval, and air military services, the People’s Armed Police, the Strategic Support Force, the Rocket Force, and any other related security element within the Government of China or the Chinese Communist Party that the Secretary determines is appropriate.”

The probable causes and historical trends of women’s participation in violent extremist organizations.

Potential ways in which women’s participation in violent extremism is likely to change in the near- and medium-term.

The relationship between violent extremism and each of the following:

Ways for the Department of Defense to engage and support women and girls who are vulnerable to extremist behavior and activities as a means to counter violent extremism and terrorism.

In general.—

Not later than 270 days after the date of the enactment of this Act [

Submission to congress.—

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees each of the following:

Appropriate congressional committees.—

In this paragraph, the term ‘appropriate congressional committees’ means—

an assessment of the decision support capability of the Department of Defense to support decision-making, specifically the analytic expertise available to inform senior leader decisions that link national defense strategy objectives with approaches to competing effectively across the full spectrum of engagement against strategic competitors;

an analytic approach to force structure development, including an assessment of the major elements, products, and milestones of the force planning process of the Department;

the conclusions and recommendations of the Defense Planning and Analysis Community initiative;

the progress of the Department in implementing the recommendations of the Comptroller General of the United States set forth in Government Accountability Office Report (GAO-19-40C);

the progress of the Under Secretary, the Chairman of the Joint Chiefs of Staff, and the Director of Cost Assessment and Program Evaluation in implementing paragraph (5) of section 134(b) of title 10, United States Code, as added by section 902(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232); and

such other matters as the Secretary of Defense determines to be appropriate.

an execute order approved by the Secretary or the commander of a combatant command for review; and

a detailed briefing on such execute order.

In general.—

In extraordinary circumstances necessary to protect operations security or the sensitivity of the execute order, the Secretary may limit review of an execute order. A determination that extraordinary circumstances exist for purposes of this paragraph may only be made by the Secretary and the decision to limit the review of an execute order may not be delegated.

Summary and other information.—

In extraordinary circumstances described in paragraph (1) with respect to an execute order, within 30 days of receiving a written request under subsection (a), the Secretary shall provide to the committee concerned, including appropriately designated staff of the committee—

assess the cost of renaming or removing names, symbols, displays, monuments, or paraphernalia that commemorate the Confederate States of America or any person who served voluntarily with the Confederate States of America;

develop procedures and criteria to assess whether an existing name, symbol, monument, display, or paraphernalia commemorates the Confederate States of America or person who served voluntarily with the Confederate States of America;

recommend procedures for renaming assets of the Department of Defense to prevent commemoration of the Confederate States of America or any person who served voluntarily with the Confederate States of America;

develop a plan to remove names, symbols, displays, monuments, or paraphernalia that commemorate the Confederate States of America or any person who served voluntarily with the Confederate States of America from assets of the Department of Defense, within the timeline established by this Act; and

include in the plan procedures and criteria for collecting and incorporating local sensitivities associated with naming or renaming of assets of the Department of Defense.

four 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.

A list of assets to be removed or renamed.

Costs associated with the removal or renaming of assets in subsection (g)(1).

Criteria and requirements used to nominate and rename assets in subsection (g)(1).

Methods of collecting and incorporating local sensitivities associated with the removal or renaming of assets in subsection (g)(1).

Authorization of appropriations.—

There is authorized to be appropriated $2,000,000 to carry out this section.

Offset.—

The amount authorized to be appropriated by the Act [sic] for fiscal year 2021 for Operations and Maintenance, Army, sub activity group 434 - other personnel support is hereby reduced by $2,000,000.

a person who served or held leadership within the Confederacy; or

a Confederate battlefield victory.

A list of all the United States military operations, including each specific mission, strike, engagement, raid, or incident, during the year covered by such report that were confirmed, or reasonably suspected, to have resulted in civilian casualties.

For each military operation listed pursuant to paragraph (1), each of the following:

A description of the process by which the Department of Defense investigates allegations of civilian casualties resulting from United States military operations, including how the Department incorporates information from interviews with witnesses, civilian survivors of United States operations, and public reports or other nongovernmental sources.

A description of—

A description of any allegations of civilian casualties made by public or non-governmental sources formally investigated by the Department of Defense.

A description of the general reasons for any discrepancies between the assessments of the United States and reporting from nongovernmental organizations regarding non-combatant deaths resulting from strikes and operations undertaken by the United States.

The definitions of ‘combatant’ and ‘non-combatant’ used in the preparation of the report, which shall be consistent with the laws of armed conflict.

Any update or modification to any report under this section during a previous year.

Any other matters the Secretary of Defense determines are relevant.

guide the recommendations of the Secretary in any interagency determinations conducted pursuant to Federal law relating to technology protection, including relating to export licensing, deemed exports, technology transfer, and foreign direct investment;

inform the Secretary while engaging in interagency processes on promotion and protection activities involving acquisition programs and technologies that are necessary to achieve and maintain the national security technology advantage of the United States and that are supportive of military requirements and strategies;

inform the Department’s activities to integrate acquisition, intelligence, counterintelligence and security, and law enforcement to inform requirements, acquisition, programmatic, and strategic courses of action for technology protection;

inform development of research investment strategies and activities and develop innovation centers and an emerging technology industrial base through the employment of financial assistance from the United States Government through appropriate statutory authorities and programs;

identify opportunities for alliances and partnerships in key research and development areas to achieve and maintain a national security technology advantage; and

carry out such other purposes as identified by the Secretary.

publish the list required under subsection (a) by not later than

update such list at least annually.”

establish processes and procedures to develop, integrate, and enhance the electronic warfare mission area and the conduct of joint electromagnetic spectrum operations in all domains across the Department of Defense; and

ensure that such processes and procedures provide for integrated defense-wide strategy, planning, and budgeting with respect to the conduct of such operations by the Department, including activities conducted to counter and deter such operations by malign actors.

In general.—

The Secretary shall designate a senior official of the Department of Defense (hereinafter referred to as the ‘designated senior official’), who shall implement and oversee the processes and procedures established under subsection (a). The designated senior official shall be designated by the Secretary from among individuals serving in the Department as civilian employees or members of the Armed Forces who are, equivalent in grade or rank, at or below the level of Under Secretary of Defense. The designated senior official shall oversee the cross-functional team established pursuant to subsection (c) and serve as an ex-officio member of the Electronic Warfare Executive Committee established in March 2015.

Responsibilities.—

The designated senior official shall have, with respect to the implementation and oversight of the processes and procedures established under subsection (a), the following responsibilities:

Annual certification on budgeting for certain capabilities.—

Each budget for fiscal years 2020 through 2024 submitted by the President to Congress pursuant to section 1105(a) of title 31, United States Code, shall include the same information that was required to be submitted annually under section 1053(b) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2459) for each of fiscal years 2011 through 2015 and an assessment by the senior designated official as to whether sufficient funds are requested in such budget for anticipated activities in such fiscal year for each of the following:

Establishment required.—

The Secretary shall, in accordance with section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2345; 10 U.S.C. 111 note), establish a cross-functional team for electronic warfare in order to identify gaps in electronic warfare and joint electromagnetic spectrum operations, capabilities, and capacities within the Department across personnel, procedural, and equipment areas.

Specific duties.—

The cross-functional team established pursuant to paragraph (1) shall provide recommendations to the senior designated official to address gaps identified as described in that paragraph.

In general.—

The Secretary shall require the designated senior official to task the cross-functional team established pursuant to subsection (c) to develop requirements and specific plans for addressing personnel, capability, and capacity gaps in the electronic warfare mission area, and plans for future warfare in that domain (including maintaining a roadmap for the current future-years defense program under section 221 of title 10, United States Code).

Update of strategy.—

Not later than 180 days after the date of the enactment of this Act [

Elements.—

The requirements and plans and associated roadmap developed by the cross-functional team pursuant to paragraph (1) shall include the following:

Periodic status reports.—

Not later than 90 days after the requirements and plans required by paragraph (1) are submitted in accordance with paragraph (2), and every 180 days thereafter during the three-year period beginning on the date such plans and requirements are first submitted in accordance with paragraph (2), the designated senior official shall submit to the congressional defense committees a report describing the status of the efforts of the Department in accomplishing the tasks specified in subparagraphs (A) through (I) and (K) through (M) of paragraph (3).

Comprehensive assessments and review.—

Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees the comprehensive assessments and review required under paragraph (3)(J).

plan and execute a robust series of routine and regular air and naval presence missions throughout the world and throughout the year, including for critical transportation corridors and key routes for global commerce;

in addition to the missions executed pursuant to paragraph (1), execute routine and regular air and maritime freedom of navigation operations throughout the year, in accordance with international law, including, but not limited to, maneuvers beyond innocent passage; and

to the maximum extent practicable, execute the missions pursuant to paragraphs (1) and (2) with regional partner countries and allies of the United States.”

Submission to congress.—

Any report under subsection (a) that is submitted to the appropriate congressional committees shall be submitted in unclassified form, but may include a classified annex.

Release to public.—

If a report under subsection (a) is released to the public, such report shall be so released in unclassified form.

Release of report to public.—

The Secretary of Defense may waive the requirement in subsection (a) for the release to the public of a report on the commencement of any significant reclamation, an assertion of an excessive territorial claim, or a militarization activity by the People’s Republic of China in the South China Sea if the Secretary determines that the release to the public of a report on such activity under that subsection in the form required by subsection (c)(2) would have an adverse effect on the national security interests of the United States.

Notice to congress.—

If the Secretary issues a waiver under paragraph (1) with respect to a report on an activity, not later than 48 hours after the Secretary issues such waiver, the Secretary shall submit to the appropriate congressional committees written notice of, and justification for, such waiver.

the congressional defense committees [Committees on Armed Services and Appropriations of Senate and House of Representatives]; and

the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.”

The adequacy of current training range resources to include the ability to train against near-peer or peer threats in a realistic 5th Generation environment.

The adequacy of current training enablers to meet current and anticipated demands of the Armed Forces.

An integrated priority list of location-specific proposals and/or infrastructure project priorities, with associated Department of Defense Form 1391 documentation, required to both address any limitations or constraints on current Department resources, including any climatically induced impacts or shortfalls, and achieve full spectrum training (integrating virtual and constructive entities into live training) against a more technologically advanced peer adversary.

Goals and milestones for tracking actions under the plan and measuring progress in carrying out such actions.

Projected funding requirements for implementing actions under the plan.

A description of the strategic plan.

A description of the results of the evaluation conducted under subsection (b).

Such recommendations as the Secretary considers appropriate with respect to improvements of the capabilities of training ranges and enablers.

A description of the progress made during the preceding fiscal year in implementing the strategic plan.

A description of any additional actions taken, or to be taken, to address limitations and constraints on training ranges and enablers.

Assessments of individual training ranges addressing the evaluation conducted under subsection (b).

In general.—

The Secretary of Defense shall take such actions as may be necessary to improve the process used to update the mission data files used in advanced combat aircraft of the United States so that such updates can occur more quickly.

Requirements.—

In improving the process under paragraph (1), the Secretary shall ensure the following:

applicable law, as in effect on the date of the enactment of this Act;

Department of Defense guidance with respect to solicitation and preferential treatment, as in effect on the date of the enactment of this Act, including such guidance specified in the Department of Defense Joint Ethics Regulations; and

the principle that the Department of State and the United States Agency for International Development are the principal United States agencies with primary responsibility for providing and coordinating humanitarian and economic assistance.

is based in the United States;

has an independent board of directors and is subject to independent financial audits;

is substantially privately-funded;

is described in section 501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)] and is exempt from taxation under section 501(a) of such Code [26 U.S.C. 501(a)];

provides international assistance; and

has a stated mission of supporting United States military missions abroad.”

In general.—

Not later than 180 days after the date of the enactment of this Act [

Elements.—

The report required by this subsection shall include the following elements:

Form.—

The report required by this subsection shall be submitted in unclassified form but may contain a classified annex.”

In general.—

The Secretary of Defense may carry out a pilot program on the modernization and fielding of electromagnetic spectrum warfare systems and electronic warfare systems.

Selection.—

If the Secretary carries out the pilot program under paragraph (1), the Electronic Warfare Executive Committee shall select from the list described in section 240(b)(4) [130 Stat. 2070] a total of 10 electromagnetic spectrum warfare systems and electronic warfare systems across at least two military departments for modernization and fielding under the pilot program.

The term ‘electromagnetic spectrum warfare’ means electronic warfare that encompasses military communications and sensing operations that occur in the electromagnetic operational domain.

The term ‘electronic warfare’ means military action involving the use of electromagnetic and directed energy to control the electromagnetic spectrum or to attack the enemy.”

Report required.—

Not later than January 31 of each year through

Additional elements.—

Each report required by this subsection also shall address the same elements originally addressed in the anti-hazing reports required by section 534 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1726 [1727]).”

is consistent with the mission and functions of the Department of Defense;

does—

has been requested by the head of a non-Department of Defense Federal department or agency who has certified to the Secretary that the department or agency has reasonably attempted to use capabilities and resources internal to the department or agency.

In general.—

Except as provided in paragraph (3), before providing defense sensitive support to a non-Department of Defense Federal department or agency, the Secretary of Defense shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], and, when the part of the Department of Defense providing the sensitive support is a member of the intelligence community, the congressional intelligence committees of the Secretary’s intent to provide such support.

Contents.—

Notice provided under paragraph (1) shall include the following:

Time sensitive support.—

In the event that the provision of defense sensitive support is time-sensitive, the Secretary—

Reverse defense sensitive support request.—

The Secretary shall notify the congressional defense committees (and the congressional intelligence committees with respect to matters relating to members of the intelligence community) of requests made by the Secretary to a non-Department of Defense Federal department or agency for support that requires special protection from disclosure in the same manner and containing the same information as the Secretary notifies such committees of defense sensitive support requests under paragraphs (1) and (3).

Sustainment costs.—

If the Secretary determines that sustainment costs will be incurred as a result of the provision of defense sensitive support, the Secretary, not later than 15 days after the initial provision of such support, shall certify to the congressional defense committees (and the congressional intelligence committees with respect to matters relating to members of the intelligence community) that such sustainment costs will not interfere with the ability of the Department to execute operations, accomplish mission objectives, and maintain readiness.

preserving the history of the 3,000,000 women who have served in the United States Armed Forces;

managing an archive of artifacts, historic memorabilia, and documents related to servicewomen;

maintaining a women veterans’ oral history program; and

conducting other educational programs related to women in service.”

In general.—

The Secretary of Defense, in consultation with the Secretary of State, shall develop and issue to the Department of Defense a strategic framework for Department of Defense security cooperation to guide prioritization of resources and activities.

Elements.—

The strategic framework required by paragraph (1) shall include the following:

Frequency.—

The Secretary of Defense shall, at a minimum, update the strategic framework required by paragraph (1) on a biennial basis and shall update or supplement the strategic framework as appropriate to address emerging priorities.

In general.—

Not later than 180 days after the date of the enactment of this Act [

Form.—

The report required by paragraph (1) shall be submitted in an unclassified form, but may include a classified annex.

Definition.—

In this subsection, the term ‘appropriate congressional committees’ means—

service treatment records;

accompanying personal records;

relevant unit records; and

medical records created by reason of treatment or services received pursuant to chapter 55 of title 10, United States Code.”

A plan for the sustainment of existing capabilities that have been developed during the ten-year period prior to the date of the enactment of this Act, including such capabilities developed using funds authorized to be appropriated for overseas contingency operations determined to be of enduring value for continued sustainment.

A discussion of how the capabilities referred to in paragraph (1) are integrated into policy, doctrine, and operations.

An assessment of the force structure that is required to sustain operational planning and potential contingency operations, including the integration across the active and reserve components.

Estimates of the steady-state resources needed to support the force structure referred to in paragraph (3), as well as estimates for resources that might be needed based on selected operational plans, contingency plans, and named operations.

An assessment of the impact of how new and emerging technologies can be incorporated into policy, doctrine, and operations.

A description of ongoing research into new capabilities that may be needed to fill any identified gaps and programs that might be required to develop such capabilities.

Potential policy implications or legal challenges that may prevent the integration of new and emerging technologies into the projected force structure.

Potential policy implications or challenges to the better leveraging of capabilities from interagency partners.”

Requirement.—

The participation of members of the Armed Forces as members of the staff of Headquarters Eurocorps shall be in accordance with the terms of one or more memoranda of understanding entered into by the Secretary of Defense, with the concurrence of the Secretary of State, and Headquarters Eurocorps.

Cost-sharing arrangements.—

If Department of Defense facilities, equipment, or funds are used to support Headquarters Eurocorps, the memoranda of understanding under paragraph (1) shall provide details of any cost-sharing arrangement or other funding arrangement.

A certification by the Secretary of Defense that the participation of more than two members of the Armed Forces in Headquarters Eurocorps is in the national interests of the United States.

A description of the benefits of the participation of the additional members proposed by the Secretary.

A description of the plans for the participation of the additional members proposed by the Secretary, including the grades and posts to be filled.

A description of the costs associated with the participation of the additional members proposed by the Secretary.

Availability.—

Funds appropriated to the Department of Defense for operation and maintenance are available as follows:

Limitation.—

No funds may be used under this section to fund the pay or salaries of members of the Armed Forces who participate as members of the staff of the Headquarters, North Atlantic Treaty Organization (NATO) Rapid Deployable Corps under this section.

In general.—

During fiscal year 2019, the Secretary of Defense, with the concurrence of the Secretary of State, may authorize the Office of Security Cooperation in Iraq to conduct activities to support the following:

Required elements.—

The activities of the Office of Security Cooperation in Iraq conducted under paragraph (1) shall include elements that promote the following:

Sunset.—

The authority provided in this subsection shall terminate on the date that is 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020 [Pub. L. 116–92, approved

In general.—

Not later than

Elements.—

Each report under this subsection shall include the following:

Appropriate committees of congress defined.—

In this subsection, the term ‘appropriate committees of Congress’ means—

A staffing plan to reorganize the Office in a manner similar to that of other security cooperation offices in the region that—

A progress report with respect to the initiation of bilateral engagement with the Government of Iraq with the objective of establishing a joint mechanism for security assistance planning, including a five-year security assistance roadmap for developing sustainable military capacity and capabilities and enabling defense institution building and reform.

A plan to transition the preponderance of funding for the activities of the Office from current sources to the Foreign Military Financing Administrative Fund and the Foreign Military Sales Trust Fund Administrative Surcharge Account in future years.”

In general.—

The Secretary of Defense, acting through the Director of the Joint Improvised Explosive Device Defeat Organization, shall develop and maintain a comprehensive database containing appropriate information for coordinating, tracking, and archiving each counter-improvised explosive device initiative within the Department of Defense. The database shall, at a minimum, ensure the visibility of each counter-improvised explosive device initiative.

Use of information.—

Using information contained in the database developed under paragraph (1), the Secretary, acting through the Director of the Joint Improvised Explosive Device Defeat Organization, shall—

Coordination.—

In carrying out paragraph (1), the Secretary shall ensure that the Secretary of each military department coordinates and collaborates on development of the database to ensure its interoperability, completeness, consistency, and effectiveness.

develop appropriate means to measure the effectiveness of counter-improvised explosive device initiatives; and

prioritize the funding of such initiatives according to such means.

ensure that each contract or task or delivery order entered into for the construction, installation, repair, maintenance, or operation of facilities for use by military or civilian personnel of the Department complies with the policy established in subsection (a);

ensure that contracts entered into prior to the date that is 60 days after the date of the enactment of this Act comply with such policy to the maximum extent practicable;

define the term ‘generally accepted standards’ with respect to fire protection, structural integrity, electrical systems, plumbing, water treatment, waste disposal, and telecommunications networks for the purposes of this section; and

provide such exceptions and limitations as may be needed to ensure that this section can be implemented in a manner that is consistent with the requirements of military operations and the best interests of the Department of Defense.”

A description and assessment of Iranian grand strategy, security strategy, and military strategy, including—

An assessment of the capabilities of Iran’s conventional forces, including—

An assessment of Iran’s unconventional forces and related activities, including—

An assessment of Iranian capabilities related to nuclear and missile forces, including—

An assessment of transfers to and from Iran of military equipment, technology, and training from or to non-Iranian sources or destinations, including transfers that pertain to nuclear development, ballistic missiles, and chemical, biological, and advanced conventional weapons, weapon systems, and delivery vehicles.

An assessment of the use of civilian transportation assets and infrastructure, including commercial aircraft, airports, commercial vessels, and seaports, used to transport illicit military cargo to or from Iran, including military personnel, military goods, weapons, military-related electric parts, and related components.

An assessment of military-to-military cooperation between Iran and foreign counties [sic], including Cuba, North Korea, Pakistan, the Russian Federation, Sudan, Syria, Venezuela, and any other country designated by the Secretary of Defense with additional reference to cooperation and collaboration on the trafficking or development of nuclear, biological, chemical, and advanced conventional weapons, weapon systems, and delivery vehicles.

An assessment of the extent to which the commercial aviation sector of Iran knowingly provides financial, material, or technological support to the Islamic Revolutionary Guard Corps, the Ministry of Defense and Armed Forces Logistics of Iran, the Bashar al-Assad regime, Hezbollah, Hamas, Kata’ib Hezbollah, or any other foreign terrorist organization.

Iran’s conventional forces.—

The term ‘Iran’s conventional forces’—

Iran’s unconventional forces.—

The term ‘Iran’s unconventional forces’—

Iran’s ballistic missile forces.—

The term ‘Iran’s ballistic missile forces’ means those elements of the military forces of Iran that employ ballistic missiles.

Iran’s cruise missile forces.—

The term ‘Iran’s cruise missile forces’ means those elements of the military forces of Iran that employ cruise missiles capable of flights less than 500 kilometers.

Specified countries.—

The term ‘specified countries’ means the countries in the same geographic region as Iran, including Israel, Lebanon, Syria, Jordan, Iraq, Afghanistan, Saudi Arabia, Turkey, Bahrain, Kuwait, the United Arab Emirates, Armenia, and Azerbaijan.

To thank and honor veterans of the Vietnam War, including personnel who were held as prisoners of war or listed as missing in action, for their service and sacrifice on behalf of the United States and to thank and honor the families of these veterans.

To highlight the service of the Armed Forces during the Vietnam War and the contributions of Federal agencies and governmental and non-governmental organizations that served with, or in support of, the Armed Forces.

To pay tribute to the contributions made on the home front by the people of the United States during the Vietnam War.

To highlight the advances in technology, science, and medicine related to military research conducted during the Vietnam War.

To recognize the contributions and sacrifices made by the allies of the United States during the Vietnam War.

Establishment and administration.—

If the Secretary establishes the commemorative program under subsection (a), the Secretary the Treasury shall establish in the Treasury of the United States an account to be known as the ‘Department of Defense Vietnam War Commemoration Fund’ (in this section referred to as the ‘Fund’). The Fund shall be administered by the Secretary of Defense.

Use of fund.—

The Secretary shall use the assets of the Fund only for the purpose of conducting the commemorative program and shall prescribe such regulations regarding the use of the Fund as the Secretary considers to be necessary.

Deposits.—

There shall be deposited into the Fund—

Availability.—

Subject to subsection (g)(2), amounts deposited under paragraph (3) shall constitute the assets of the Fund and remain available until expended.

Budget request.—

The Secretary of Defense may establish a separate budget line for the commemorative program. In the budget justification materials submitted by the Secretary in support of the budget of the President for any fiscal year for which the Secretary establishes the separate budget line, the Secretary shall—

Authority to accept services.—

Notwithstanding section 1342 of title 31, United States Code, the Secretary of Defense may accept from any person voluntary services to be provided in furtherance of the commemorative program. The Secretary of Defense shall prohibit the solicitation of any voluntary services if the nature or circumstances of such solicitation would compromise the integrity or the appearance of integrity of any program of the Department of Defense or of any individual involved in the program.

Reimbursement of incidental expenses.—

The Secretary may provide for reimbursement of incidental expenses incurred by a person providing voluntary services under this subsection. The Secretary shall determine which expenses are eligible for reimbursement under this paragraph.

Report required.—

Not later than 60 days after the end of the commemorative program, if established by the Secretary of Defense under subsection (a), the Secretary shall submit to Congress a report containing an accounting of—

Treatment of unobligated funds.—

Unobligated amounts remaining in the Fund as of the end of the commemorative period specified in subsection (b) shall be held in the Fund until transferred by law.

In general.—

Not later than 90 days after the date of the enactment of this Act [

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.

Information required.—

The Secretary shall identify the information required to conduct the vetting under this section.

Collection of information.—

The Secretary shall—

Review of vetting results.—

The Secretary shall assign to an organization within the Department with responsibility for security and counterintelligence the responsibility of—

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—

Security measures required.—

The Secretary of Defense shall ensure that—

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.

Report.—

Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on the implementation and effects of this section. Such report shall include a description of—

Report by comptroller general.—

Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees an unclassified report (which may contain a classified annex) on the safety and security of United States personnel and international students assigned to United States military bases participating in programs authorized under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) (relating to international military education and training), particularly with respect to whether—

The term ‘appropriate congressional committees’ means—

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—

The term ‘United States’ means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and Guam.

The term ‘immediate family member’ with respect to any individual means the parent, step-parent, spouse, sibling, step-sibling, half-sibling, child, or step-child of the individual.”

In general.—

The Secretary of Defense, acting jointly with the Secretary of Homeland Security, may establish procedures by which the next of kin of a covered member of the Armed Forces, in addition to an eligible surviving spouse, may obtain access to military installations for such purposes and under such conditions as the Secretaries jointly consider appropriate.

Next of kin.—

If the Secretaries establish procedures pursuant to paragraph (1), the Secretaries shall jointly specify the individuals who shall constitute next of kin for purposes of such procedures.

be applied consistently across the Department of Defense and the Department of Homeland Security, including all components of the Departments;

minimize any administrative burden on a surviving spouse or dependent child, including through the elimination of any requirement for a surviving spouse to apply as a personal agent for continued access to military installations in accompaniment of a dependent child;

take into account measures required to ensure the security of military installations, including purpose and eligibility for access and renewal periodicity; and

take into account such other factors as the Secretary of Defense or the Secretary of Homeland Security considers appropriate.

The term ‘eligible surviving spouse’ means an individual who is a surviving spouse of a covered member of the Armed Forces, without regard to whether the individual remarries after the death of the covered member of the Armed Forces.

The term ‘covered member of the Armed Forces’ means a member of the Armed Forces who dies while serving—

shall include the terms and conditions under which a covered driver may be authorized to access a military installation;

may require a transportation company or transportation network company and a covered driver to enter into a written agreement with the Department of Defense as a precondition for obtaining authorization to access a military installation;

shall be consistent across military installations, to the extent practicable;

shall be designed to promote the expeditious entry of covered drivers onto military installations for purposes of providing commercial transportation services;

shall place appropriate restrictions on entry into sensitive areas of military installations;

shall be designed, to the extent practicable, to give covered drivers access to barracks areas, housing areas, temporary lodging facilities, hospitals, and community support facilities;

shall require transportation companies and transportation network companies—

shall take into account force protection requirements and ensure the protection and safety of members of the Armed Forces, civilian employees of the Department of Defense, and the families of such members and employees.

is treated as confidential and proprietary information of the company that is exempt from public disclosure pursuant to section 552 of title 5, United States Code (commonly known as the ‘Freedom of Information Act’); and

except as provided in subsection (b)(7), is not disclosed to any person or entity without the express written consent of the company unless disclosure of such information is required by a court order.

Transportation company.—

The term ‘transportation company’ means a corporation, partnership, sole proprietorship, or other entity outside of the Department of Defense that provides a commercial transportation service to a rider.

Transportation network company.—

The term ‘transportation network company’—

Covered driver.—

The term ‘covered driver’—

Automatic identification system.—

The term ‘automatic identification system’ means a system that is used to satisfy the requirements of the Automatic Identification System under the International Convention for the Safety of Life at Sea, signed at London on

Geographic combatant commander.—

The term ‘commander of a combatant command’ means a commander of a combatant command (as such term is defined in section 161(c) of title 10, United States Code) with a geographic area of responsibility.”

Plan.—

The Secretary of Defense shall develop and implement a plan, in coordination with the Secretaries of the military departments and the Chairman of the Joint Chiefs of Staff, for providing the funds and resources necessary to develop and maintain the following:

Term of plan.—

The plan required under paragraph (1) shall cover at least five years.

The term ‘military-unique capabilities’ means those capabilities that, in the view of the Secretary of Defense—

The term ‘defense budget materials’, with respect to a fiscal year, means the materials submitted to Congress by the Secretary of Defense in support of the budget for that fiscal year.”

The Army Wounded Warrior Support Program.

The Navy Safe Harbor Program.

The Palace HART Program of the Air Force.

The Marine for Life Injured Support Program of the Marine Corps.

In general.—

The Center shall carry out such programs and activities to augment and support the programs and activities of the military departments for the provision of assistance to severely wounded or injured servicemembers and their families as the Secretary of Defense, in consultation with the Secretaries of the military departments and the heads of other appropriate departments and agencies of the Federal Government (including the Secretary of Labor and the Secretary of Veterans Affairs), determines appropriate.

Database.—

The activities of the Center under this subsection shall include the establishment and maintenance of a central database. The database shall be transparent and shall be accessible for use by all of the programs of the military departments referred to in subsection (c).

Policy required.—

Not later than

Consultation.—

The Secretary shall develop the policy required by paragraph (1) in consultation with the Secretaries of the military departments, the Secretary of Veterans Affairs, and the Secretary of Labor.

Incorporation of past experience and practice.—

The policy required by paragraph (1) shall be based on—

Procedures and standards.—

The policy shall include guidelines to be followed by the military departments in the provision of assistance to severely wounded or injured servicemembers. The procedures and standards shall be uniform across the military departments except to the extent necessary to reflect the traditional practices or customs of a particular military department. The procedures and standards shall establish a minimum level of support and shall specify the duration of programs.

Coordination with the Severely Injured Joint Support Operations Center of the Department of Defense.

Promotion of a seamless transition to civilian life for severely wounded or injured servicemembers who are or are likely to be separated on account of their wound or injury.

Identification and resolution of special problems or issues related to the transition to civilian life of severely wounded or injured servicemembers who are members of the reserve components.

The qualifications, assignment, training, duties, supervision, and accountability for the performance of responsibilities for the personnel providing assistance to severely wounded or injured servicemembers.

Centralized, short-term and long-term case-management procedures for assistance to severely wounded or injured servicemembers by each military department, including rapid access for severely wounded or injured servicemembers to case managers and counselors.

The provision, through a computer accessible Internet website and other means and at no cost to severely wounded or injured servicemembers, of personalized, integrated information on the benefits and financial assistance available to such members from the Federal Government.

The provision of information to severely wounded or injured servicemembers on mechanisms for registering complaints about, or requests for, additional assistance.

Participation of family members.

Liaison with the Department of Veterans Affairs and the Department of Labor in order to ensure prompt and accurate resolution of issues relating to benefits administered by those agencies for severely wounded or injured servicemembers.

Data collection regarding the incidence and quality of assistance provided to severely wounded or injured servicemembers, including surveys of such servicemembers and military and civilian personnel whose assigned duties include assistance to severely wounded or injured servicemembers.

The types of emergency response capabilities that each State’s National Guard, as reported by the States, may be able to provide in response to a domestic natural or manmade disaster, both to their home States and under State-to-State mutual assistance agreements.

The types of emergency response capabilities that the Department of Defense may be able to provide in support of the National Response Plan’s Emergency Support Functions, and identification of the units that provide these capabilities.

The types of emergency response cyber capabilities that the National Guard of each State and territory may be able to provide in response to domestic or natural man-made disasters, as reported by the States and territories, including—

The types of emergency response cyber capabilities of other reserve components of the Armed Forces identified by the Secretary that are available for defense support to civil authorities in response to domestic or natural man-made disasters.

an assessment of the impact on military readiness caused by undocumented immigrants whose entry into the United States involves trespassing upon operational ranges of the Department of Defense; and

a plan for the implementation of measures to prevent such trespass.

A listing of the operational ranges adversely affected by the trespass of undocumented immigrants upon operational ranges.

A description of the types of range activities affected by such trespass.

A determination of the amount of time lost for range activities, and the increased costs incurred, as a result of such trespass.

An evaluation of the nature and extent of such trespass and means of travel.

An evaluation of the factors that contribute to the use by undocumented immigrants of operational ranges as a means to enter the United States.

A description of measures currently in place to prevent such trespass, including the use of barriers to vehicles and persons, military patrols, border patrols, and sensors.

The types of measures to be implemented to improve prevention of trespass of undocumented immigrants upon operational ranges, including the specific physical methods, such as barriers and increased patrols or monitoring, to be implemented and any legal or other policy changes recommended by the Secretaries.

The costs of, and timeline for, implementation of the plan.

Plan required.—

The Secretary of Defense shall develop and implement a plan to ensure that the mail within the military mail system is safe for delivery. The plan shall provide for the screening of all mail within the military mail system in order to detect the presence of biological, chemical, or radiological weapons, agents, or pathogens or explosive devices before mail within the military mail system is delivered to its intended recipients.

Funding.—

The budget justification materials submitted to Congress with the budget of the President for fiscal year 2007 and each fiscal year thereafter shall include a description of the amounts required in such fiscal year to carry out the plan.

Report required.—

Not later than 120 days after the date of the enactment of this Act [

Elements.—

The report shall include the following:

Form.—

The report shall be submitted in unclassified form, but may include a classified annex.

In general.—

In this section, the term ‘mail within the military mail system’ means—

Inclusions and exception.—

The term includes any official mail posted by the Department of Defense. The term does not include any mail posted as otherwise described in paragraph (1) that has been screened for safety for delivery by the United States Postal Service before such posting.”

Procurement.—

A specification of costs of procurement funding requested since fiscal year 2003, together with end-item quantities requested and the purpose of the request (such as replacement for battle losses, improved capability, increase in force size, restructuring of forces), shown by service.

Equipment maintenance.—

A cost comparison of the requirements for equipment maintenance expenditures during peacetime and for such requirements during wartime, as shown by the requirements in each of Operation Iraqi Freedom, Operation Enduring Freedom, and Operation Noble Eagle. The cost comparison shall include—

Operation iraqi freedom and operation enduring freedom infrastructure.—

A specification of the number of United States military personnel that can be supported by the facility infrastructure in Iraq and Afghanistan and in the neighboring countries from where Operation Iraq Freedom and Operation Enduring Freedom are supported.

The effect of any new basing arrangements on the strategic mobility requirements of the Department of Defense.

The ability of units deployed to overseas locations in areas in which United States Armed Forces have not traditionally been deployed to meet mobility response times required by operational planners.

The cost of deploying units to areas referred to in paragraph (2) on a rotational basis (rather than on a permanent basing basis).

The strategic benefit of rotational deployments through countries with which the United States is developing a close or new security relationship.

Whether the relative speed and complexity of conducting negotiations with a particular country is a discriminator in the decision to deploy forces within the country.

The appropriate and available funding mechanisms for the establishment, operation, and sustainment of specific Main Operating Bases, Forward Operating Bases, or Cooperative Security Locations.

The effect on military quality of life of the unaccompanied deployment of units to new facilities in overseas locations.

Other criteria as Secretary of Defense determines appropriate.

Facilities categorized as Main Operating Bases.

Facilities categorized as Forward Operating Bases.

Facilities categorized as Cooperative Security Locations.

the United States Army Criminal Investigation Laboratory has the personnel and resources to effectively process forensic evidence used by the Department of Defense within 60 days of receipt by the laboratory of such evidence;

consistent policies are established among the Armed Forces to reduce the time period between the collection of forensic evidence and the receipt and processing of such evidence by United States Army Criminal Investigation Laboratory; and

there is an adequate supply of forensic evidence collection kits—

in the use of forensic evidence collection kits; and

in the prescribed procedures to ensure protection of the chain of custody of such kits once used.”

For each of Iraq and Afghanistan for the half-fiscal year ending during the month preceding the due date of the report, the amount expended for military operations of the Armed Forces and the amount expended for reconstruction activities, together with the cumulative total amounts expended for such operations and activities.

An assessment of the progress made toward preventing attacks on United States personnel.

An assessment of the effects of the operations and activities in Iraq and Afghanistan on the readiness of the Armed Forces.

An assessment of the effects of the operations and activities in Iraq and Afghanistan on the recruitment and retention of personnel for the Armed Forces.

For the half-fiscal year ending during the month preceding the due date of the report, the costs incurred for repair of Department of Defense equipment used in the operations and activities in Iraq and Afghanistan.

The foreign countries, international organizations, and nongovernmental organizations that are contributing support for the ongoing military operations and reconstruction activities, together with a discussion of the amount and types of support contributed by each during the half-fiscal year ending during the month preceding the due date of the report.

The extent to which, and the schedule on which, the Selected Reserve of the Ready Reserve of the Armed Forces is being involuntarily ordered to active duty under section 12302 of title 10, United States Code.

For each unit of the National Guard of the United States and the other reserve components of the Armed Forces on active duty pursuant to an order to active duty under section 12302 of title 10, United States Code, the following information:

For each of Iraq and Afghanistan for the half-fiscal year ending during the month preceding the due date of the report, the amount expended for military operations of the Armed Forces and the amount expended for reconstruction activities, together with the cumulative total amounts expended for such operations and activities.

An assessment of the progress made toward preventing attacks on United States personnel.

An assessment of the effects of the operations and activities in Iraq and Afghanistan on the readiness of the Armed Forces.

An assessment of the effects of the operations and activities in Iraq and Afghanistan on the recruitment and retention of personnel for the Armed Forces.

For the half-fiscal year ending during the month preceding the due date of the report, the costs incurred for repair of Department of Defense equipment used in the operations and activities in Iraq and Afghanistan.

The foreign countries, international organizations, and nongovernmental organizations that are contributing support for the ongoing military operations and reconstruction activities, together with a discussion of the amount and types of support contributed by each during the half-fiscal year ending during the month preceding the due date of the report.

The extent to which, and the schedule on which, the Selected Reserve of the Ready Reserve of the Armed Forces is being involuntarily ordered to active duty under section 12304 of title 10, United States Code.

For each unit of the National Guard of the United States and the other reserve components of the Armed Forces on active duty pursuant to an order to active duty under section 12304 of title 10, United States Code, the following information:

The Secretary of Defense shall develop a comprehensive plan for using existing authorities available to the Secretary of Defense and the Secretaries of the military departments to address training constraints caused by limitations on the use of military lands, marine areas, and airspace that are available in the United States and overseas for training of the Armed Forces.

As part of the preparation of the plan, the Secretary of Defense shall conduct the following:

The plan shall include the following:

At the same time as the President submits to Congress the budget for fiscal year 2004, the Secretary of Defense shall submit to Congress a report describing the progress made in implementing this subsection, including—

At the same time as the President submits to Congress the budget for each fiscal year through fiscal year 2018, the Secretary shall submit to Congress a report describing the progress made in implementing the plan and any additional actions taken, or to be taken, to address training constraints caused by limitations on the use of military lands, marine areas, and airspace.

The Secretary of Defense shall develop and maintain a training range inventory for each of the Armed Forces—

The Secretary of Defense shall submit an initial inventory to Congress at the same time as the President submits the budget for fiscal year 2004 and shall submit an updated inventory to Congress at the same time as the President submits the budget for each fiscal year through fiscal year 2018.

affords any individual who, in connection with the investigation of a reported crime, is designated (by name or by any other identifying information) as a suspect in the case in any official investigative report, or in a central index for potential retrieval and analysis by law enforcement organizations, an opportunity to obtain a review of that designation; and

requires the expungement of the name and other identifying information of any such individual from such report or index in any case in which it is determined the entry of such identifying information on that individual was made contrary to Department of Defense requirements.

the level of spare parts that the units must have on hand; and

similar logistics and sustainment needs of the units.

The unit’s wartime mission, as reflected in the war-fighting plans of the relevant combatant commanders.

An assessment of the likely requirement for sustained operations under each such war-fighting plan.

An assessment of the likely requirement for that unit to conduct sustained operations in an austere environment, while drawing exclusively on its own internal logistics capabilities.

The goals and factors shaping Chinese security strategy and military strategy.

Trends in Chinese security and military behavior that would be designed to achieve, or that are inconsistent with, the goals described in paragraph (1).

The security situation in the Taiwan Strait.

Chinese strategy regarding Taiwan.

The size, location, and capabilities of Chinese strategic, land, sea, and air forces, including detailed analysis of those forces facing Taiwan.

China’s overseas military basing and logistics infrastructure.

Developments in Chinese military doctrine and training.

Efforts, including by espionage and technology transfers through investment, industrial espionage, cybertheft, academia, and other means, by the People’s Republic of China to develop, acquire, or gain access to information, communication, space and other advanced technologies that would enhance military capabilities or otherwise undermine the Department of Defense’s capability to conduct information assurance. Such analyses shall include an assessment of the damage inflicted on the Department of Defense by reason thereof.

An assessment of any challenges during the preceding year to the deterrent forces of the Republic of China on Taiwan, consistent with the commitments made by the United States in the Taiwan Relations Act (Public Law 96–8) [22 U.S.C. 3301 et seq.].

Developments in China’s asymmetric capabilities, including its strategy and efforts to develop and deploy cyberwarfare and electronic warfare capabilities, details on the number of malicious cyber incidents originating from China against Department of Defense infrastructure, and associated activities originating or suspected of originating from China.

The strategy and capabilities of Chinese space and counterspace programs, including trends, global and regional activities, the involvement of military and civilian organizations, including state-owned enterprises, academic institutions, and commercial entities, and efforts to develop, acquire, or gain access to advanced technologies that would enhance Chinese military capabilities.

Developments in China’s nuclear program, including the size and state of China’s stockpile, its nuclear strategy and associated doctrines, its civil and military production capacities, and projections of its future arsenals.

A description of China’s anti-access and area denial capabilities.

A description of China’s command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and its applications for China’s precision guided weapons.

A description of the roles and activities of the People’s Liberation Army Navy and those of China’s paramilitary and maritime law enforcement vessels, including their capabilities, organizational affiliations, roles within China’s overall maritime strategy, activities affecting United States allies and partners, and responses to United States naval activities.

In consultation with the Secretary of Energy and the Secretary of State, developments regarding United States-China engagement and cooperation on security matters.

The current state of United States military-to-military contacts with the People’s Liberation Army, which shall include the following:

An assessment of relations between China and the Russian Federation with respect to security and military matters.

Other military and security developments involving the People’s Republic of China that the Secretary of Defense considers relevant to United States national security.

A description of Chinese military-to-military relationships with other countries, including the size and activity of military attache offices around the world and military education programs conducted in China for other countries or in other countries for the Chinese.

A description of any significant sale or transfer of military hardware, expertise, and technology to or from the People’s Republic of China, including a forecast of possible future sales and transfers, a description of the implications of those sales and transfers for the security of the United States and its partners and allies in Asia, and a description of any significant assistance to and from any selling state with military-related research and development programs in China.

The status of the 5th generation fighter program of the People’s Republic of China, including an assessment of each individual aircraft type, estimated initial and full operational capability dates, and the ability of such aircraft to provide air superiority.

A summary of the order of battle of the People’s Liberation Army, including anti-ship ballistic missiles, theater ballistic missiles, and land attack cruise missile inventory.

A description of the People’s Republic of China’s military and nonmilitary activities in the South China Sea.

Any Chinese laws, regulations, or policies that could jeopardize the economic security of the United States.

The relationship between Chinese overseas investment, including the Belt and Road Initiative, the Digital Silk Road, and any state-owned or controlled digital or physical infrastructure projects of China, and Chinese security and military strategy objectives, including—

Efforts by the Government of the People’s Republic of China to influence the media, cultural institutions, business, and academic and policy communities of the United States to be more favorable to its security and military strategy and objectives.

Efforts by the Government of the People’s Republic of China to use nonmilitary tools in other countries, including diplomacy and political coercion, information operations, and economic pressure, including predatory lending practices, to support its security and military objectives.

Developments relating to the China Coast Guard, including an assessment of—

An assessment of the military-to-military relations between China and Russia, including an identification of mutual and competing interests.

An assessment of China’s expansion of its surveillance state, including—

The Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.

The Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.

The report to be submitted under this section not later than

The report shall include analysis and forecasts of the following matters related to military cooperation between selling states and the People’s Republic of China:

The report under paragraph (1) shall include, with respect to each area of analysis and forecasts specified in paragraph (2)—

In general.—

For purposes of subsection (b)(26), the term ‘state-owned or controlled digital or physical infrastructure project of China’ means a transportation, energy, or information technology infrastructure project that is—

Owned; controlled.—

For purposes paragraph (1)(A), with respect to a project—

identify the additional troop protection equipment, if any, required to equip a division (or the equivalent of a division) with adequate troop protection equipment for peace operations; and

establish procedures to facilitate the exchange or transfer of troop protection equipment among units of the Armed Forces.

ensuring the appropriate allocation of troop protection equipment among the units of the Armed Forces engaged in peace operations; and

monitoring the availability, status or condition, and location of such equipment.

A description of the programs designed to carry out antiterrorism activities of the Department of Defense, any deficiencies in those programs, and any actions taken by the Secretary to improve implementation of such programs.

An assessment of the current policies and practices of the Department of Defense with respect to the protection of members of the Armed Forces overseas against terrorist attack, including any modifications to such policies or practices that are proposed or implemented as a result of the assessment.

An assessment of the procedures of the Department of Defense for determining accountability, if any, in the command structure of the Armed Forces in instances in which a terrorist attack results in the loss of life at an overseas military installation or facility.

A detailed description of the roles of the Office of the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, and the combatant commanders in providing guidance and support with respect to the protection of members of the Armed Forces deployed overseas against terrorist attack (both before and after the November 1995 bombing in Riyadh, Saudi Arabia) and how these roles have changed since the

A description of the actions taken by the Secretary of Defense under subsections (a), (b), and (c) to provide adequate troop protection equipment for units of the Armed Forces engaged in a peace operation.”

The United States has stated its support for a ban on antipersonnel landmines that is global in scope and verifiable.

On

On

The United States is currently participating at the United Nations Conference on Disarmament in negotiations aimed at achieving a global ban on the use of antipersonnel landmines.

On

On

The President also announced a change in United States policy whereby the United States—

The President’s decision would allow the continued use by United States forces of self-destructing antipersonnel landmines that are used as part of a mixed antitank mine system.

Under existing law (as provided in section 580 of Public Law 104–107; 110 Stat. 751), on

the United States should not implement a moratorium on the use of antipersonnel landmines by United States Armed Forces in a manner that would endanger United States personnel or undermine the military effectiveness of United States Armed Forces in executing their missions; and

the United States should pursue the development of alternatives to self-destructing antipersonnel landmines.

The military utility of the continued deployment and use by the United States of antipersonnel landmines.

The effect of a moratorium on the production, stockpiling, and use of antipersonnel landmines on the ability of United States forces to deter and defend against attack on land by hostile forces, including on the Korean peninsula.

Progress in developing and fielding systems that are effective substitutes for antipersonnel landmines, including an identification and description of the types of systems that are being developed and fielded, the costs associated with those systems, and the estimated timetable for developing and fielding those systems.

The effect of a moratorium on the use of antipersonnel landmines on the military effectiveness of current antitank mine systems.

The number and type of pure antipersonnel landmines that remain in the United States inventory and that are subject to elimination under the President’s

The number and type of mixed antitank mine systems that are in the United States inventory, the locations where they are deployed, and their effect on the deterrence and warfighting ability of United States Armed Forces.

The effect of the elimination of pure antipersonnel landmines on the warfighting effectiveness of the United States Armed Forces.

The costs already incurred and anticipated of eliminating antipersonnel landmines from the United States inventory in accordance with the policy enunciated by the President on

The benefits that would result to United States military and civilian personnel from an international treaty banning the production, use, transfer, and stockpiling of antipersonnel landmines.”

The Secretary of Defense shall ensure that the Secretary of each military department conducts ongoing programs for human relations training for all members of the Armed Forces under the jurisdiction of the Secretary. Matters to be covered by such training include race relations, equal opportunity, opposition to gender discrimination, and sensitivity to ‘hate group’ activity. Such training shall be provided during basic training (or other initial military training) and on a regular basis thereafter.

The Secretary of Defense shall also ensure that unit commanders are aware of their responsibilities in ensuring that impermissible activity based upon discriminatory motives does not occur in units under their command.

The Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, shall revise policies and regulations of the Department of Defense with respect to the programs of the Department of Defense specified in paragraph (2) in order to establish within each of the military departments a victims’ advocates program.

Programs referred to in paragraph (1) are the following:

In the case of the Department of the Navy, separate victims’ advocates programs shall be established for the Navy and the Marine Corps.

Crime.

Intrafamilial sexual, physical, or emotional abuse.

Discrimination or harassment based on race, gender, ethnic background, national origin, or religion.

The Secretary of Defense shall establish a Department of Defense council to coordinate and oversee the implementation of programs under subsection (a). The membership of the council shall be selected from members of the Armed Forces and officers and employees of the Department of Defense having expertise or experience in a variety of disciplines and professions in order to ensure representation of the full range of services and expertise that will be needed in implementing those programs.

The Secretary of each military department shall establish similar interdisciplinary councils within that military department as appropriate to ensure the fullest coordination and effectiveness of the victims’ advocates program of that military department. To the extent practicable, such a council shall be established at each significant military installation.

Under a victims’ advocates program established under subsection (a), individuals working in the program shall principally serve the interests of a victim by initiating action to provide (A) information on available benefits and services, (B) assistance in obtaining those benefits and services, and (C) other appropriate assistance.

Services under such a program in the case of an individual who is a victim of family violence (including intrafamilial sexual, physical, and emotional abuse) shall be provided principally through the family advocacy programs of the military departments.

for the immediate family members (or their designees) of any unaccounted-for Korean conflict POW/MIA; and

for the immediate family members (or their designees) of any unaccounted-for Cold War POW/MIA.

with the procedures the family members may follow in their search for information about the unaccounted-for Korean conflict POW/MIA or unaccounted-for Cold War POW/MIA, as the case may be;

in learning where they may locate information about the unaccounted-for POW/MIA; and

in learning how and where to identify classified records that contain pertinent information and that will be declassified.

The term ‘unaccounted-for Korean conflict POW/MIA’ means a member of the Armed Forces or civilian employee of the United States who, as a result of service during the Korean conflict, was at any time classified as a prisoner of war or missing-in-action and whose person or remains have not been returned to United States control and who remains unaccounted for.

The term ‘unaccounted-for Cold War POW/MIA’ means a member of the Armed Forces or civilian employee of the United States who, as a result of service during the period from

The term ‘Korean conflict’ has the meaning given such term in section 101(9) of title 38, United States Code.”

shall ensure that qualification of members of the Armed Forces for, and continuance of members of the Armed Forces in, that occupational career field is evaluated on the basis of an occupational standard, without differential standards or evaluation on the basis of gender;

may not use any gender quota, goal, or ceiling except as specifically authorized by law; and

may not change an occupational performance standard for the purpose of increasing or decreasing the number of women in that occupational career field.

For any military career designator for which the Secretary of Defense determines that specific physical requirements for muscular strength and endurance and cardiovascular capacity are essential to the performance of duties, the Secretary shall prescribe specific physical requirements as part of the gender-neutral occupational standard for members in that career designator and shall ensure (in the case of a career designator that is open to both male and female members of the Armed Forces) that those requirements are applied on a gender-neutral basis.

Whenever the Secretary establishes or revises a physical requirement for a military career designator, a member serving in that military career designator when the new requirement becomes effective, who is otherwise considered to be a satisfactory performer, shall be provided a reasonable period, as determined under regulations prescribed by the Secretary, to meet the standard established by the new requirement. During that period, the new physical requirement may not be used to disqualify the member from continued service in that military career designator.

Gender-neutral occupational standard.—

The term ‘gender-neutral occupational standard’, with respect to a military career designator, means that all members of the Armed Forces serving in or assigned to the military career designator must meet the same performance outcome-based standards for the successful accomplishment of the necessary and required specific tasks associated with the qualifications and duties performed while serving in or assigned to the military career designator.

Military career designator.—

The term ‘military career designator’ refers to—

Requirement.—

The Secretary of each military department shall ensure that fatality reports and records pertaining to any member of the Armed Forces who dies in the line of duty shall be made available to family members of the service member in accordance with this subsection.

Information to be provided after notification of death.—

Within a reasonable period of time after family members of a service member are notified of the member’s death, but not more than 30 days after the date of notification, the Secretary concerned shall ensure that the family members—

Assistance in obtaining reports.—

Waiver.—

The requirements of paragraph (2) or (3) may be waived on a case-by-case basis, but only if the Secretary of the military department concerned determines that compliance with such requirements is not in the interests of national security.

Review.—

The Secretary of Defense shall conduct a review of the fatality notification procedures used by the military departments. Such review shall examine the following matters:

Report.—

The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the review conducted under paragraph (1). Such report shall be submitted not later than

The term ‘fatality reports’ includes investigative reports and any other reports pertaining to the cause or circumstances of death of a member of the Armed Forces in the line of duty (such as autopsy reports, battlefield reports, and medical reports).

The term ‘family members’ means parents, spouses, adult children, and such other relatives as the Secretary concerned considers appropriate.

Except as provided in paragraph (2), this section applies with respect to deaths of members of the Armed Forces occurring after the date of the enactment of this Act [

With respect to deaths of members of the Armed Forces occurring before the date of the enactment of this Act, the Secretary concerned shall provide fatality reports to family members upon request as promptly as practicable.”

all incremental costs of military personnel accompanying the equipment, including food, lodging, and local transportation;

all incremental transportation costs incurred in moving such equipment from its normally assigned location to the airshow or trade exhibition and return; and

any other miscellaneous incremental costs not included under paragraphs (1) and (2) that are incurred by the Federal Government but would not have been incurred had military support not been provided to the contractor or industrial association.

A military department may not participate directly in any airshow or trade exhibition held outside the United States unless the Secretary of Defense determines that it is in the national security interests of the United States for the military departments to do so.

The Secretary of Defense may not delegate the authority to make the determination referred to in paragraph (1)(A) [now par. (1)] below the level of the Under Secretary of Defense for Policy.

This section shall not apply in the event of a declaration of war or an armed attack on Japan.

The President may waive the limitation in this section for any fiscal year if he declares that it is in the national interest to do so and immediately informs Congress of the waiver and the reasons for the waiver.

Congress recognizes that Japan has made a substantial pledge of financial support to the effort to support the United Nations Security Council resolutions on Iraq.

It is the sense of Congress that—

This section shall not apply in the event of a declaration of war or an armed attack on Japan.

This section may be waived by the President if the President—

Not later than

The report shall include a discussion of the following:

After fiscal year 1990, budget submissions to Congress under section 1105 of title 31, United States Code, shall identify funds requested for Department of Defense personnel and units in permanent duty stations ashore outside the United States that exceed the amount of such costs incurred in fiscal year 1989 and shall set forth a detailed description of (A) the types of expenditures increased, by appropriation account, activity and program; and (B) specific efforts to obtain allied host nations’ financing for these cost increases.

The Secretary of Defense shall notify in advance the Committee on Appropriations and the Committee on Armed Services of the Senate and the Committee on Appropriations and the Committee on Armed Services of the House of Representatives, through existing notification procedures, when costs of maintaining Department of Defense personnel and units in permanent duty stations ashore outside the United States will exceed the amounts as defined in the Department of Defense budget as enacted for that fiscal year. Such notification shall describe: (A) the type of expenditures that increased; and (B) the source of funds (including prior year unobligated balances) by appropriation account, activity and program, proposed to finance these costs.

In computing the costs incurred for maintaining Department of Defense personnel and forces in permanent duty stations ashore outside the United States compared with the amount of such costs incurred in fiscal year 1989, the Secretary shall—

the term ‘personnel’ means members of the Armed Forces of the United States and civilian employees of the Department of Defense;

the term ‘Department of Defense overseas personnel’ means those Department of Defense personnel who are assigned to permanent duty ashore outside the United States; and

the term ‘United States’ includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States.”

The Secretary of Defense shall conduct a study to determine the current and future needs of members of the Armed Forces, civilian employees of the Department of Defense, and the dependents of such members and employees for postsecondary education services at overseas locations. The Secretary shall determine on the basis of the results of that study whether the policies and procedures of the Department in effect on the date of the enactment of the Department of Defense Authorization Act for Fiscal Years 1990 and 1991 [probably means date of enactment of Pub. L. 101–189,

The Secretary shall complete the study in such time as necessary to enable the Secretary to submit the report required by paragraph (2)(A) by the deadline specified in that paragraph.