Number:        116-28   
Date:             January 7, 2021

The National Defense Authorization Act for FY 2021 Becomes Law
After Congressional Override of President’s Veto

On January 1, 2021, the Senate voted to override the President’s veto of HR 6395, the National Defense Authorization Act for Fiscal Year (FY) 2021. This action followed a similar override vote in the House of Representatives on December 28, 2020. With the Senate’s action, HR 6395 becomes law.

The following are items of SSA interest in the law:

Section 749. Assessment of receipt by civilians of emergency medical treatment at military medical treatment facilities.

  • Requires an assessment of emergency medical treatment to civilians not covered by TRICARE at military medical facilities for FY2016-2020, including information about resulting medical debt garnished from Social Security benefits.

Section 1111. Temporary increase in limitation on accumulation of annual leave for Executive branch employees.

  • Authorizes the Office of Personnel Management to allow Federal employees below the level of Senior Executive Service (or the equivalent) to roll over, to calendar year 2021, 125 percent of the amount of annual leave usually permitted for rollover.
  • Prohibits accrued leave in excess of the usual rollover amount from being included in a lump-sum payment upon retirement or separation.

Section 1121. Technical amendments regarding reimbursement for Federal, State, and local income taxes incurred during travel, transportation, and relocation.

  • Technical amendment changing “or” to “and” to clarify that agencies may reimburse an employee for income taxes incurred for travel, transportation, and relocation expenses reimbursed or furnished during relocation. (emphasis added)

Title XI, Subtitle B (Sections 1131-1138). Elijah E. Cummings Federal Employee Antidiscrimination Act

  • Requires agencies to report on disciplinary actions related to findings of discrimination, including retaliation. Agencies are to report on such events via an online posting (within 90 days of such finding) and via a written report to the Equal Employment Opportunity Commission (within 120 days of such finding).
  • Requires agencies to establish a model Equal Employment Opportunity Program independent of either their Offices of Human Capital or Office of General Counsel, or equivalent.
  • Restricts nondisclosure agreements from prohibiting or restricting personnel from disclosing whistleblower information.

Section 1705. Strengthening Federal networks; CISA cybersecurity support to agencies.

  • Provides the Department of Homeland Security (DHS) Cybersecurity and Infrastructure Security Agency (CISA) with authority to search for and identify threats and vulnerabilities within Federal information systems with or without advance notice to or authorization from federal agencies.
  • Requires CISA to provide assistance to agencies in meeting agency information security program requirements and using secure platforms and tools for performance of agency functions.
  • Includes information-sharing provisions between agencies and DHS for protection from cybersecurity risks.

Sections 1743 and 1744. National cyber exercises.

  • Requires the Secretary of Homeland Security to conduct an exercise involving certain federal agencies, including sector-specific agencies determined by DHS, to test the resilience, response, and recovery of the United States to a significant cyber incident impacting critical infrastructure.
  • This exercise will be conducted by the end of 2023 and similar exercises will be convened at least three times until 2033.

Section 1752. National Cyber Director.

  • Establishes the Office of the National Cyber Director to coordinate the implementation of national cyber policy and strategy.

Section 9601. Inventory of program activities of Federal agencies.

  • Revises requirements for Federal agency reporting to the Office of Management and Budget on programs and activities, for purposes of posting this information to a single website. Revised requirements include reporting on program funding and authorizing statutes.

Section 9602. Preservation of electronic messages and other records.

  • Requires the Archivist of the United States to promulgate, within the next year, regulations governing Federal agency preservation of electronic messages and other electronic records.
  • Requires Federal agencies to submit a report to the Archivist on compliance with the new regulations within two years of enactment.