Monday, March 23, 2020
Highlights
NDIA published the following article entitled, “Coronavirus (COVID-19) – Information related to NDIA Meetings, Conferences, & Events affected by COVID-19 can be found on this page as well on individual event landing pages.”

NDIA published the following article entitled, “NDIA’s Carlisle to Congress: Protecting contractors will protect national security during COVID-19

Defense News published the following article entitled, “Congressional chairmen hope COVID-19 won’t derail defense policy bill.”

USNI News published the following article entitled, “Coast Guard Struggling to Get Ships Repaired as Navy Expands Use of Smaller Yards.”

Politico published the following article entitled, “DoD coronavirus plan causing confusion among contractors.”

The Hill published the following article entitled, “Pentagon to give 5M respirator masks, 2,000 ventilators to HHS in response to coronavirus outbreak.”

Defense One published the following article entitled, “Attacks on DOD Networks Soar as Telework Inflicts ‘Unprecedented’ Loads.”

Navy Times published the following article entitled, “Ready Player One: Navy creates billets for gamers.”

National Defense Magazine published the following article entitled, “Government Contracting Insights: Industry May Find Relief for Coronavirus Delays.”

Defense News published the following article entitled, “America’s bomber force is too small and getting smaller.”

Marine Corps Times published the following article entitled, “Trump’s $46 billion coronavirus aid request includes $8 billion for the Pentagon.”

Air Force Magazine published the following article entitled, “Pentagon Keeps Eye on Defense Industrial Base as COVID-19 Pandemic Evolves.”

NDIA Blog Post
Check out NDIA’s new Policy and Regulatory Blog on issues impacting the defense industrial base:
– “Public Comment Open for NIST SP 800-53 Security and Privacy Controls Update
– “Insights from Early FY 2021 DOD Budget Hearings
– “DOD Releases New Controlled Unclassified Information Instruction
Regulatory
Notices

Notice of Intent To Prepare an Environmental Impact Statement for Proposed Mortar and Artillery Training at Richardson Training Area, Joint Base Elmendorf-Richardson, AK. The U.S. Air Force (USAF) and the U.S. Army, acting as a Cooperating Agency, are issuing this Notice of Intent to prepare an Environmental Impact Statement (EIS) to assess the potential social, economic, and environmental impacts associated with modifying the conditions under which indirect live-fire weapons training can be conducted at Joint Base Elmendorf-Richardson (JBER), in order to meet Army training standards at home station.

NASA Guidance Documents Web Portal. The National Aeronautics and Space Administration (NASA) is publishing this notice to announce and describe its Web Portal that contains the Agency’s guidance documents that is accessible to the public.

Information Collection Requirement; Defense Federal Acquisition Regulation Supplement, Contract Financing. In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, DoD announces the proposed revision of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; (b) the accuracy of the estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection requirement for use through May 31, 2020. DoD proposes that OMB extend its approval for an additional three years.

Notice of Product Exclusions: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. On August 20, 2019, at the direction of the President, the U.S. Trade Representative determined to modify the action being taken in the Section 301 investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation by imposing additional duties of 10 percent ad valorem on goods of China with an annual trade value of approximately $300 billion. The additional duties on products in List 1, which is set out in Annex A of that action, became effective on September 1, 2019. On August 30, 2019, at the direction of the President, the U.S. Trade Representative determined to increase the rate of the additional duty applicable to the tariff subheadings covered by the action announced in the August 20 notice from 10 percent to 15 percent. On January 22, 2020, the U.S. Trade Representative determined to reduce the rate from 15 percent to 7.5 percent. The U.S. Trade Representative initiated a product exclusion process in October 2019, and interested persons have submitted requests for the exclusion of specific products. This notice announces the U.S. Trade Representative’s determination to grant certain exclusion requests, as specified in the Annex to this notice. The U.S. Trade Representative will continue to issue decisions on pending requests on a periodic basis.

Notice of Intent To Prepare a Legislative Environmental Impact Statement and Notice of Scoping Meetings for the Proposed Extension of the Military Land Withdrawal at Barry M. Goldwater Range, Arizona. The United States Air Force (USAF) (co-lead agency), in coordination with the United States Marine Corps (USMC) (co-lead agency), is issuing this notice to advise the public of the intent to prepare a Legislative Environmental Impact Statement (LEIS) for the proposed extension of the Barry M. Goldwater Range (BMGR) land withdrawal and reservation in Arizona. The LEIS will also address a proposal to withdrawal approximately 2,366 acres of additional public land adjacent to Gila Bend Air Force Auxiliary Airfield to enhance the security and safety of flight operations at the airfield. Five public scoping meetings will be held, which is an important part of the LEIS process as it allows for an early and open process, giving the public an opportunity to help determine the scope of issues and alternatives to be addressed in the LEIS.

Privacy Act of 1974; System of Records. The DFAS proposes to add a System of Records entitled, “Centralized Disbursing System,” T7320b. DFAS uses the Centralized Disbursing System (CDS) to process fund disbursements and collections for the Air Force, DFAS Field Sites, Navy Military Sealift Command and the National Geospatial-Intelligence Agency. The system also supports the DFAS centralized environment for disbursing.

NASA Advisory Council; Technology, Innovation and Engineering Committee; Meeting. In accordance with the Federal Advisory Committee Act, as amended, the National Aeronautics and Space Administration (NASA) announces a meeting of the Technology, Innovation and Engineering Committee of the NASA Advisory Council (NAC). This Committee reports to the NAC. This meeting was announced in the Federal Register on March 2, 2020 (see reference above).

National Space Council Users’ Advisory Group; Meeting. In accordance with the Federal Advisory Committee Act, the National Aeronautics and Space Administration (NASA) announces a meeting of the National Space Council Users’ Advisory Group (UAG). This will be the fifth meeting of the UAG.

Notice of Availability of Record of Decision for the Fallon Range Training Complex Modernization Environmental Impact Statement. The United States (U.S.) Department of the Navy (Navy), after carefully weighing the strategic, operational, and environmental consequences of the Proposed Action, announces its decision to select Alternative 3 (Preferred Alternative) from the Fallon Range Training Complex (FRTC) Final Environmental Impact Statement (EIS) Environmental), dated January 2020. This alternative will support the Navy’s request for a legislative proposal in the National Defense Authorization Act for Fiscal Year 2021 for Congressional action and Presidential approval for renewal of the current federal land withdrawal and withdrawal of additional federal land to expand the range. It also includes the acquisition of non-federal land. While making this decision, the Navy carefully weighed its strategic and operational needs; potential impacts on the human, natural, and cultural environment; and comments from government officials and agencies, tribal governments, and the public on the proposal and environmental analysis. The Navy selected Alternative 3 because it best meets the purpose of and need for modernization while minimizing impacts on public access and land use. The Navy will implement management practices, monitoring, and mitigation measures to reduce potential impacts of the FRTC modernization.

Submission for OMB Review; Comment Request. The Department of Defense has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.

Submission for OMB Review; Comment Request. The Department of Defense has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.

Submission for OMB Review; Comment Request. The Department of Defense has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.

Submission for OMB Review; Comment Request. The Department of Defense has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.

Submission for OMB Review; Comment Request. The Department of Defense has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.

Proposed Rule

Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-043 Enterprise Biometric Administrative Records (EBAR) System of Records. The Department of Homeland Security is giving concurrent notice of a newly established system of records pursuant to the Privacy Act of 1974 for the “Department of Homeland Security/ALL-043 Enterprise Biometric Administrative Records (EBAR) System of Records” and this proposed rulemaking. In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

Rules

National Guard Bureau Privacy Program. This final rule removes DoD’s regulation concerning the National Guard Bureau Privacy Program. On April 11, 2019, the Department of Defense published a revised DoD-level Privacy Program rule, which contains the necessary information for an agency-wide privacy program regulation under the Privacy Act and now serves as the single Privacy Program rule for the Department. That revised Privacy Program rule also includes all DoD component exemption rules. Therefore, this part is now unnecessary and may be removed from the CFR.

To Research, Evaluate, Assess, and Treat (TREAT) Astronauts. With this interim final rule, the National Aeronautics and Space Administration (NASA) is amending its regulations to add a new part that will implement the provisions of the TREAT Astronauts Act. The new regulations will provide for the medical monitoring and diagnosis of conditions that are potentially spaceflight-associated and treatment of conditions that are spaceflight-associated for former U.S. Government astronauts and payload specialists.

NDIA Regulatory Tracker
NDIA is now offering a Regulatory Tracker that lists open FAR and DFARS cases relevant to the defense community, including synopses and status descriptions. Click here to view the current Regulatory Tracker. For questions or comments about the Tracker, please email Regulatory@NDIA.org.
Executive
DoD published the following press releases:
-“Department of Defense Tests Hypersonic Glide Body
-“National Guard Ramping Up COVID-19 Response
-“Hospital Ships, Other DOD Assets Prepare for Coronavirus Response
-“FAQ – Travel Restrictions
-“Air Force’s Operations Line Up With Defense Priorities

DAU published the following article entitled, “Challenges Facing Non-traditional Contractors.”

USAF published the following article entitled, “AETC issues official COVID-19 mission essential training determination, authorizes travel.”

USA published the following article entitled, “Army grappling with COVID-19 head-on, says Army secretary.”

USN published the following article entitled, “Navy Cancels Spring 2020 Fitness Cycle, Delays Advancement Exams.”

DPC published the following Class Deviations:
-“Justification and Approval Threshold for 8(a) Contract
-“Protection of Technical Data and Computer Software Under Small Business Innovation Research Program Contracts

OMB published the following Memorandums:
-“Updated Federal Travel Guidance in Response to Coronavirus
-“Updated Guidance for the National Capital Region on Telework Flexibilities in Response to Coronavirus
-“Federal Agency Operational Alignment to Slow the Spread of Coronavirus COVID-19
-“Administrative Relief for Recipients and Applicants of Federal Financial Assistance Directly Impacted by the Novel Coronavirus (COVID-19) due to Loss of Operations

The White House published the following press release entitled, “Executive Order on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of Covid-19.”

Treasury published the following press release entitled, “Coronavirus: Resources, Updates, and What You Should Know.”

Commerce published the following press release entitled, “Commerce This Week: March 17.”

Congress
SASC published the following press release entitled, “Committee Advances Pending Military Nominations.”

Senate Committee on Small Business & Entrepreneurship published the following:
-“Small Business Task Forces Unveils $300 Billion Emergency Coronavirus Relief Package
-“Rubio Urges SBA to Issue Economic Injury Loans for Florida Businesses Impacted by Coronavirus

 House Committee on Small Business published the following:
-“Chairwoman Velázquez Releases Comprehensive Small Business COVID-19 Relief Bill
-“Chairwoman Velázquez on Aid to Small Businesses During COVID-19 Pandemic

Senate Committee on Commerce, Science, & Transportation published the following:
-“Wicker Speaks on Coronavirus Recovery Package
-“Wicker, Shelby, Thune Unveil Liquidity Assistance For Distressed American Industries Within Comprehensive Coronavirus Package

Senate Committee on Homeland Security published the following press release entitled, “Peters Supports Governor Whitmer’s Call to Federally Fund Use of National Guard to Aid COVID-19 Response Efforts.”

House Committee on Homeland Security published the following press release entitled, “Chairman Thompson, Committee Democrats Write Trump to Request Federal Government Take Specific, Swift Action on Coronavirus.”

Congressional Agencies
CRS published the following reports:
-“COVID-19: An Overview of Trade-Related Measures to Address Access to Medical Goods
-“Federal Reserve: Recent Actions in Response to COVID-19
-“H.R. 6201: Paid Leave and Unemployment Insurance Responses to COVID-19
-“Postponing Federal Elections and the COVID19 Pandemic: Legal Considerations
-“State and Local Fiscal Conditions and Economic Shocks
-“The Cyberspace Solarium Commission: Illuminating Options for Layered Deterrence

 CBO published the following reports:
-“H.R. 6074, Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020
-“Federal Debt: A Primer
-“Baseline Budget Projections as of March 6, 2020

Think Tanks
RAND Corporation published the following report entitled, “A Separate Space.”

AEI published the following article entitled, “Send in the Marines? Not to fight coronavirus.”

Heritage published the following index entitled, “2020 Index of Economic Freedom.”

Hudson published the following article entitled, “Beijing Escalates the New Cold War.”

The National Defense Industrial Association (NDIA) Policy Division publishes a Weekly Policy Digest reserved for NDIA corporate members only. If your company is already a corporate member of NDIA, but you are not currently receiving the Weekly Policy Digest, please contact Jonathan Kupperman, Legislative Policy Associate, at jkupperman@NDIA.org. If your company is not a corporate member of NDIA but is interested in gaining the benefits of NDIA corporate membership, including access to the weekly policy digest, please contact Zoila Martinez, Director of Membership, at ZMartinez@NDIA.ORG.

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