114 S2792 RS: National Defense Authorization Act for Fiscal Year 2022 U.S. Senate 2021-09-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 129117th CONGRESS1st SessionS. 2792[Report No. 117–39]IN THE SENATE OF THE UNITED STATESSeptember 22 (legislative day, September 21), 2021Mr. Reed, from the Committee on Armed Services, reported the following original bill; which was read twice and placed on the calendarA BILLTo authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

1.

Short title

This Act may be cited as the National Defense Authorization Act for Fiscal Year 2022.

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into four divisions as follows:(1)Division A—Department of Defense Authorizations.(2)Division B—Military Construction Authorizations.(3)Division C—Department of Energy National Security Authorizations and Other Authorizations.(4)Division D—Funding Tables.(b)

Table of contents

The table of contents for this Act is as follows:Sec. 1. Short title.Sec. 2. Organization of Act into divisions; table of contents.Sec. 3. Congressional defense committees.Sec. 4. Budgetary effects of this Act.TITLE I—ProcurementSubtitle A—Authorization of appropriationsSec. 101. Authorization of appropriations.Subtitle B—Army programsSec. 121. Multiyear procurement authority for AH–64E Apache helicopters.Sec. 122. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters.Sec. 123. Report and limitations on acquisition of Integrated Visual Augmentation System.Sec. 124. Modification of deployment by the Army of interim cruise missile defense capability.Subtitle C—Navy programsSec. 131. Extension of prohibition on availability of funds for Navy port waterborne security barriers.Sec. 132. Analysis of certain radar investment options.Sec. 133. Extension of report on Littoral Combat Ship mission packages.Sec. 134. Extension of procurement authorities for certain amphibious shipbuilding programs.Sec. 135. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life.Sec. 136. Acquisition, modernization, and sustainment plan for carrier air wings.Sec. 137. Improving oversight of Navy contracts for shipbuilding, conversion, and repair.Subtitle D—Air Force programsSec. 141. Required minimum inventory of tactical airlift aircraft.Sec. 142. Extension of inventory requirement for Air Force fighter aircraft.Sec. 143. Prohibition on use of funds for retirement of A–10 aircraft.Sec. 144. Requirements relating to reports on fighter aircraft.Sec. 145. Prohibition on additional F–35 aircraft for the Air National Guard.Sec. 146. Prohibition on availability of funds for reducing the number of KC–135 aircraft of the Air National Guard designated as primary mission aircraft inventory.Sec. 147. Authority to divest 18 KC–135 aircraft.Sec. 148. Prohibition on use of funds for a follow-on tanker aircraft to the KC–46 aircraft.Sec. 149. Maintenance of B–1 bomber aircraft squadrons.Subtitle E—Defense-wide, joint, and multiservice mattersSec. 161. Prohibition on duplication of efforts to provide air- and space-based ground moving target indicator capability.Sec. 162. Limitation on funds for armed overwatch aircraft.Sec. 163. Transition of F–35 program sustainment from Joint Program Office to Air Force and Navy.TITLE II—Research, development, test, and evaluationSubtitle A—Authorization of appropriationsSec. 201. Authorization of appropriations.Subtitle B—Program requirements, restrictions, and limitationsSec. 211. Increase in allowable rate of basic pay for certain employees of Defense Advanced Research Projects Agency.Sec. 212. Additional mission areas for mechanisms for expedited access to technical talent and expertise at academic institutions by Department of Defense.Sec. 213. Modification of other transaction authority for research projects.Sec. 214. Artificial intelligence metrics.Sec. 215. Modification of the Joint Common Foundation Program.Sec. 216. Executive education on emerging technologies for senior civilian and military leaders.Sec. 217. Improvements relating to national network for microelectronics research and development.Sec. 218. Activities to accelerate domestic quantum computing capabilities.Sec. 219. Pilot programs for passive telecommunications infrastructure to facilitate installation 5G deployment.Sec. 220. National Guard participation in microreactor testing and evaluation.Sec. 221. Limitation on transfer of certain operational flight test events and reduction in operational flight test capacity.Sec. 222. Limitation on availability of funds for the High Accuracy Detection and Exploitation System.Subtitle C—Codification and technical correctionsSec. 231. Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders.Sec. 232. Codification of authorities relating to Department of Defense science and technology reinvention laboratories.Sec. 233. Codification of requirement for Defense Established Program to Stimulate Competitive Research.Sec. 234. Technical correction to pilot program for enhancement of research, development, test, and evaluation centers of Department of Defense.Subtitle D—Plans, reports, and other mattersSec. 241. Study on efficient use of Department of Defense test and evaluation organizations, facilities, and laboratories.Sec. 242. Analysis of potential modifications to Department of Defense unmanned aerial systems categorization.Sec. 243. Digital development infrastructure plan and working group.Sec. 244. Optionally Manned Fighting Vehicle requirements analysis.Sec. 245. Making permanent requirement for annual report by Director of Operational Test and Evaluation.TITLE III—Operation and maintenanceSubtitle A—Authorization of appropriationsSec. 301. Authorization of appropriations.Subtitle B—Energy and environmentSec. 311. Expansion of purposes of Sentinel Landscapes Partnership program to include resilience.Sec. 312. Maintenance of current analytical tools in evaluating energy resilience measures.Sec. 313. Military Aviation and Installation Assurance Clearinghouse matters.Sec. 314. Exemption from prohibition on use of open-air burn pits in contingency operations outside the United States.Sec. 315. Demonstration program on domestic production of rare earth elements from coal byproducts.Sec. 316. Authority to transfer amounts derived from energy cost savings.Sec. 317. Sense of Senate on energy independence and diversification.Subtitle C—National Security Climate ResilienceSec. 331. Short title.Sec. 332. Definitions.Sec. 333. Climate resilience in planning, engagement strategies, infrastructure, and force development of Department of Defense.Sec. 334. Climate Resilience Infrastructure Initiative of the Department of Defense.Sec. 335. Assessment of climate risks to infrastructure of Department of Defense.Subtitle D—Treatment of perfluoroalkyl substances and polyfluoroalkyl substancesSec. 351. Treatment by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances.Sec. 352. Public disclosure of testing and results of Department of Defense testing for perfluoroalkyl or polyfluoroalkyl substances and additional requirements for testing.Sec. 353. Extension of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry.Sec. 354. Report on remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain military installations.Sec. 355. Report on schedule for completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances.Subtitle E—Other mattersSec. 371. Extension of temporary authority to extend contracts and leases under the ARMS Initiative.Sec. 372. Incident reporting requirements for Department of Defense regarding lost or stolen weapons.Sec. 373. Repeal of sunset for naval vessel examination report.Sec. 374. Report on ammunition organic industrial base modernization by Department of the Army.Sec. 375. Annual report by Secretary of the Navy on ship maintenance.TITLE IV—Military personnel authorizationsSubtitle A—Active forcesSec. 401. End strengths for active forces.Sec. 402. Authority with respect to authorized strengths for general and flag officers within the Armed Forces for emerging requirements.Sec. 403. Additional authority to vary Space Force end strength.Sec. 404. Temporary exemption from end strength grade restrictions for the Space Force.Subtitle B—Reserve forcesSec. 411. End strengths for Selected Reserve.Sec. 412. End strengths for Reserves on active duty in support of the reserves.Sec. 413. End strengths for military technicians (dual status).Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support.Subtitle C—Authorization of appropriationsSec. 421. Military personnel.TITLE V—Military personnel policySubtitle A—Officer personnel policySec. 501. Increase in authorized lieutenant commander billets in the Navy.Sec. 502. Time in grade requirements.Subtitle B—General service authorities and correction of military recordsPART I— Selective service reform Sec. 511. Modernization of the Selective Service System.Sec. 512. Report on exemptions and deferments for a possible military draft.Sec. 513. Report on processes and procedures for appeal of denial of status or benefits for failure to register for Selective Service.Sec. 514. Responsibilities for national mobilization; personnel requirements.Sec. 515. Enhancements to national mobilization exercises.PART II—Other mattersSec. 518. Military service independent racial disparity review.Sec. 519. Appeals to Physical Evaluation Board determinations of fitness for duty.Sec. 520. Extension of paid parental leave.Sec. 520A. Bereavement leave for members of the Armed Forces.Subtitle C—Prevention and response to sexual assault, harassment, and related misconduct, and other military justice mattersSec. 521. DoD Safe Helpline authorization to perform intake of official restricted and unrestricted reports for eligible adult sexual assault victims.Sec. 522. Assessment of relationship between command climate and the prevention and adjudication of military sexual misconduct.Sec. 523. Policy for ensuring the annual report regarding sexual assaults involving members of the Armed Forces includes information on race and ethnicity of victims.Sec. 524. Department of Defense tracking of allegations of retaliation by victims of sexual assault or sexual harassment and related persons.Sec. 525. Special Victim's Counsel representation of civilian victims of sex-related offenses.Sec. 526. Notice to victims of further administrative action following a determination not to refer to trial by court-martial.Sec. 527. Recommendations on separate punitive article in the Uniform Code of Military Justice on violent extremism.Sec. 528. Determination and reporting of missing, absent unknown, absent without leave, and duty status-whereabouts unknown service members.Sec. 529. Conduct unbecoming an officer.Sec. 530. Analysis of the use of non-judicial punishment.Sec. 530A. Sexual Assault Response Coordinator Military Occupational Specialty.Sec. 530B. Implementation of recommendations of the Independent Review Commission on Sexual Assault in the Military.Subtitle D—Military justice reform and sexual assault preventionPART I—Military justice mattersSec. 531. Special victim prosecutors.Sec. 532. Policies with respect to special victim prosecutors.Sec. 533. Definition of military magistrate, special victim offense, and special victim prosecutor.Sec. 534. Clarification of applicability of domestic violence and stalking to dating partners.Sec. 535. Clarification relating to who may convene courts-martial.Sec. 536. Inclusion of sexual harassment as general punitive article.Sec. 537. Determinations of impracticability of rehearing.Sec. 538. Plea agreements.Sec. 539. Opportunity to obtain witness and other evidence in trials by court-martial.Sec. 540. Former jeopardy.Sec. 541. Advice to convening authority before referral for trial.Sec. 542. Preliminary hearing.Sec. 543. Detail of trial counsel.Sec. 544. Sentencing reform.Sec. 545. Uniform, document-based data system.Sec. 546. Primary prevention workforce.Sec. 547. Annual primary prevention research agenda.Sec. 548. Full functionality of certain advisory committees and panels.Sec. 549. Military defense counsel parity.Sec. 550. Resourcing.Sec. 551. Applicability to the United States Coast Guard.Sec. 552. Effective date.PART II—Military justice improvement and increasing preventionSec. 561. Short title.Sec. 562. Improvement of determinations on disposition of charges for certain offenses under UCMJ with authorized maximum sentence of confinement of more than one year.Sec. 563. Modification of officers authorized to convene general and special courts-martial for certain offenses under UCMJ with authorized maximum sentence of confinement of more than one year.Sec. 564. Discharge using otherwise authorized personnel and resources.Sec. 565. Monitoring and assessment of modification of authorities by Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces.Sec. 566. Limitation on modifications to sexual assault reporting procedures.Sec. 567. Professionalization of military prosecutors.Sec. 568. Increased training and education on military sexual assault.Sec. 569. Increasing the physical security of military installations.Sec. 570. Effective date and applicability.Subtitle E—Member education, training, and transitionSec. 571. Modification of grant program supporting science, technology, engineering, and math education in the Junior Reserve Officers' Training Corps to include quantum information sciences.Sec. 572. Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a member of Congress.Sec. 573. Troops-to-Teachers Program.Sec. 574. Combating foreign malign influence.Sec. 575. Prohibition on implementation by United States Air Force Academy of civilian faculty tenure system.Subtitle F—Military family readiness and dependents' educationSec. 581. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel.Sec. 582. Pilot program to establish employment fellowship opportunities for military spouses.Subtitle G—Other matters and reportsSec. 591. Amendments to additional Deputy Inspector General of the Department of Defense.Sec. 592. Inclusion of Senior Reserve Officers’ Training Corps data in diversity and inclusion reporting.Sec. 593. Modified deadline for establishment of special purpose adjunct to Armed Services Vocational Aptitude Battery test.Sec. 594. Reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N).Sec. 595. Reports on security force personnel performing protection level one duties.TITLE VI—MILITARY COMPENSATIONSec. 601. Basic needs allowance for members on active service in the Armed Forces.Sec. 602. Equal incentive pay for members of the reserve components of the Armed Forces.Sec. 603. Extension of expiring travel and transportation authorities.Sec. 604. Repeal of expiring travel and transportation authorities.Sec. 605. One-year extension of certain expiring bonus and special pay authorities.Sec. 606. Requirements in connection with suspension of retired pay and retirement annuities.TITLE VII—Health care provisionsSubtitle A—TRICARE and other health care benefitsSec. 701. Addition of preconception and prenatal carrier screening coverage as benefits under TRICARE program.Sec. 702. Coverage of overseas subacute and hospice care for eligible overseas dependents of members of the uniformed services.Sec. 703. Modification of pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program.Subtitle B—Health care administrationSec. 721. Revisions to TRICARE provider networks.Sec. 722. Implementation of an integrated TRICARE program through effective market management.Sec. 723. Establishment of centers of excellence for enhanced treatment of ocular injuries.Sec. 724. Mandatory training on health effects of burn pits.Sec. 725. Removal of requirement for one year of participation in certain medical and lifestyle incentive programs of the Department of Defense to receive benefits under such programs.Sec. 726. Authority of Secretary of Defense and Secretary of Veterans Affairs to enter into agreements for planning, design, and construction of facilities to be operated as shared medical facilities.Sec. 727. Consistency in accounting for medical reimbursements received by military medical treatment facilities from other Federal agencies.Subtitle C—Reports and other mattersSec. 741. Access by United States Government employees and their family members to certain facilities of Department of Defense for assessment and treatment of anomalous health conditions.Sec. 742. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.Sec. 743. Comptroller General study on implementation by Department of Defense of recent statutory requirements to reform the military health system.TITLE VIII—Acquisition policy, acquisition management, and related mattersSubtitle A—Acquisition policy and managementSec. 801. Repeal of preference for fixed-price contracts.Sec. 802. Improving the use of available data to manage and forecast service contract requirements.Sec. 803. Assessment of impediments and incentives to improving the acquisition of commercial technology, products, and services.Sec. 804. Pilot program on acquisition practices for emerging technologies.Sec. 805. Annual report on highest and lowest performing acquisition programs of the Department of Defense.Sec. 806. Systems engineering determinations.Subtitle B—Amendments to general contracting authorities, procedures, and limitationsSec. 811. Recommendations on the use of other transaction authority.Sec. 812. Modified condition for prompt contract payment eligibility.Sec. 813. Exclusion of certain services from intergovernmental support agreements for installation-support services.Sec. 814. Modification of prize authority for advanced technology achievements.Sec. 815. Cost or pricing data reporting in Department of Defense contracts.Sec. 816. Authority to acquire innovative commercial products and services using general solicitation competitive procedures.Sec. 817. Reporting requirement for defense acquisition activities.Sec. 818. Department of Defense contractor professional training material disclosure requirements.Sec. 819. Report on place of performance requirements.Sec. 820. Multiyear contract authority for defense acquisitions specifically authorized by law.Subtitle C—Industrial base mattersSec. 831. Addition of certain items to list of high priority goods and services for analyses, recommendations, and actions related to sourcing and industrial capacity.Sec. 832. Prohibition on acquisition of personal protective equipment from non-allied foreign nations.Sec. 833. Further prohibition on acquisition of sensitive materials.Sec. 834. Requirement for industry days and requests for information to be open to allied defense contractors.Sec. 835. Assessment of requirements for certain items to address supply chain vulnerabilities.Sec. 836. Requirement that certain providers of systems to Department of Defense disclose the source of printed circuit boards when sourced from certain countries.Sec. 837. Employment transparency regarding individuals who perform work in the People’s Republic of China.Subtitle D—Small business mattersSec. 841. Clarification of duties of Director of Small Business Programs.Sec. 842. Data on Phase III Small Business Innovation Research and Small Business Technology Transfer program awards.Sec. 843. Pilot program to incentivize employee ownership in defense contracting.Subtitle E—Other mattersSec. 851. Technology protection features activities.Sec. 852. Independent study on technical debt in software-intensive systems.Sec. 853. Determination with respect to optical fiber transmission equipment for Department of Defense purposes.Sec. 854. Two-year extension of Selected Acquisition Report requirement.Sec. 855. Military standards for high-hardness armor in combat vehicle specifications.Sec. 856. Revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems.TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENTSec. 901. Change in eligibility requirements for appointment to certain Department of Defense leadership positions.Sec. 902. Renaming of Air National Guard to Air and Space National Guard.Sec. 903. Joint Aviation Safety Council.Sec. 904. Assignments for participants in the John S. McCain Strategic Defense Fellows Program.Sec. 905. Alignment of Close Combat Lethality Task Force.Sec. 906. Management innovation activities.TITLE X—GENERAL PROVISIONSSubtitle A—Financial MattersSec. 1001. General transfer authority.Sec. 1002. Commission on Planning, Programming, Budgeting, and Execution Reform.Sec. 1003. Plan for consolidation of information technology systems used in the planning, programming, budgeting, and execution process.Subtitle B—Counterdrug activitiesSec. 1011. Codification and expansion of authority for joint task forces of the Department of Defense to support law enforcement agencies conducting counter-terrorism, counter-illicit trafficking, or counter-transnational organized crime activities.Sec. 1012. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia.Subtitle C—Naval vesselsSec. 1021. Modification to annual naval vessel construction plan.Sec. 1022. Navy battle force ship assessment and requirement reporting.Subtitle D—CounterterrorismSec. 1031. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States.Sec. 1032. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.Sec. 1033. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.Sec. 1034. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba.Sec. 1035. Report on medical care provided to detainees at United States Naval Station, Guantanamo Bay, Cuba.Subtitle E—Miscellaneous Authorities and LimitationsSec. 1041. Notification of significant Army force structure changes.Sec. 1042. Extension of admission to Guam or the Commonwealth of the Northern Mariana Islands for certain nonimmigrant H–2B workers.Subtitle F—Studies and ReportsSec. 1051. Report on implementation of irregular warfare strategy.Sec. 1052. Optimization of Irregular Warfare Technical Support Directorate.Sec. 1053. Quarterly briefings on anomalous health incidents.Subtitle G—Other MattersSec. 1061. Commission on the National Defense Strategy.Sec. 1062. Assessment of requirements for and management of Army three-dimensional terrain data.Sec. 1063. Modification to Regional Centers for Security Studies.TITLE XI—Civilian personnel mattersSec. 1101. Civilian personnel management.Sec. 1102. Consideration of employee performance in reductions in force for civilian positions in the Department of Defense.Sec. 1103. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees.Sec. 1104. Authority to employ civilian faculty members at the Defense Institute of International Legal Studies.Sec. 1105. Extension of temporary increase in maximum amount of voluntary separation incentive pay authorized for civilian employees of the Department of Defense.Sec. 1106. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.Sec. 1107. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.Sec. 1108. Pilot program on direct hire authority for spouses of members of the uniformed services at locations outside the United States.Sec. 1109. Civilian Cybersecurity Reserve pilot project at United States Cyber Command.TITLE XII—Matters relating to foreign nationsSubtitle A—Assistance and trainingSec. 1201. Authority to build capacity for additional operations.Sec. 1202. Administrative support and payment of certain expenses for covered foreign defense personnel.Sec. 1203. Authority for certain reimbursable interchange of supplies and services.Sec. 1204. Extension and modification of Department of Defense support for stabilization activities in national security interest of the United States.Sec. 1205. Temporary authority to pay for personnel expenses of foreign national security forces participating in the training program of the United States-Colombia Action Plan for Regional Security.Sec. 1206. Security cooperation strategy for certain combatant commands.Sec. 1207. Plan for enhancing Western Hemisphere security cooperation.Sec. 1208. Pilot program to support the implementation of the Women, Peace, and Security Act of 2017.Sec. 1209. Limitation on support to military forces of the Kingdom of Morocco for bilateral or multilateral exercises.Subtitle B—Matters relating to Afghanistan and PakistanSec. 1211. Extension and modification of authority for support for reconciliation activities led by the Government of Afghanistan and prohibition on use of funds for the Taliban and other terrorist groups.Sec. 1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.Sec. 1213. Afghanistan Security Forces Fund.Sec. 1214. Quarterly security briefings on Afghanistan.Sec. 1215. Sense of Senate and briefing on counterterrorism posture of the United States after transition of United States Armed Forces from Afghanistan.Subtitle C—Matters relating to Syria, Iraq, and IranSec. 1221. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals.Sec. 1222. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.Sec. 1223. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria.Subtitle D—Matters relating to Europe and the Russian FederationSec. 1231. Extension of limitation on military cooperation between the United States and the Russian Federation.Sec. 1232. Extension of prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea.Sec. 1233. Extension of Ukraine Security Assistance Initiative.Sec. 1234. Extension of authority for training for Eastern European national security forces in the course of multilateral exercises.Sec. 1235. Sense of Senate on the North Atlantic Treaty Organization.Sec. 1236. Sense of Senate on continuing support for Estonia, Latvia, and Lithuania.Subtitle E—Matters relating to the Indo-Pacific regionSec. 1241. Extension and modification of Indo-Pacific Maritime Security Initiative.Sec. 1242. Extension and modification of Pacific Deterrence Initiative.Sec. 1243. Extension of authority to transfer funds for Bien Hoa dioxin cleanup.Sec. 1244. Cooperative program with Vietnam to account for Vietnamese personnel missing in action.Sec. 1245. Assessment of and plan for improving the defensive asymmetric capabilities of Taiwan.Sec. 1246. Annual feasibility briefing on cooperation between the National Guard and Taiwan.Sec. 1247. Defense of Taiwan.Sec. 1248. Comparative analyses and reports on efforts by the United States and the People's Republic of China to advance critical modernization technology with respect to military applications.Sec. 1249. Modification of annual report on military and security developments involving the People's Republic of China.Sec. 1250. Feasibility report on establishing more robust military-to-military crisis communications with the People's Republic of China.Sec. 1251. Semiannual briefings on efforts to deter Chinese aggression and military coercion.Sec. 1252. Sense of Congress on defense alliances and partnerships in the Indo-Pacific region.Subtitle F—ReportsSec. 1261. Report on security cooperation authorities and associated resourcing in support of the Security Force Assistance Brigades.Sec. 1262. Independent assessment with respect to Arctic region and establishment of Arctic Security Initiative.Sec. 1263. Annual report and briefing on Global Force Management Allocation Plan.Subtitle G—Other mattersSec. 1271. Modification of United States-Israel Operations-Technology cooperation within the United States-Israel Defense Acquisition Advisory Group.Sec. 1272. Prohibition on support for offensive military operations against the Houthis in Yemen.Sec. 1273. Repeal of authorization of non-conventional assisted recovery capabilities; modification of authority for expenditure of funds for clandestine activities that support operational preparation of the environment.Sec. 1274. Extension and modification of authority for certain payments to redress injury and loss.Sec. 1275. Secretary of Defense Strategic Competition Initiative.Sec. 1276. Strategic competition initiative for United States Southern Command and United States Africa Command.Sec. 1277. Modification of notification requirements for sensitive military operations.Sec. 1278. Special Operations Forces joint operating concept for competition and conflict.Sec. 1279. Plan for provision of information support to commanders of the combatant commands.Sec. 1280. Independent review of and report on the Unified Command Plan.Sec. 1281. Establishment of mission-oriented pilot programs to close significant capabilities gaps.Sec. 1282. Limitation on availability of certain funding for operation and maintenance.TITLE XIII—COOPERATIVE THREAT REDUCTIONSec. 1301. Funding allocations; specification of Cooperative Threat Reduction funds.TITLE XIV—Other authorizationsSubtitle A—Military programsSec. 1401. Working capital funds.Sec. 1402. Chemical Agents and Munitions Destruction, Defense.Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.Sec. 1404. Defense Inspector General.Sec. 1405. Defense Health Program.Subtitle B—Armed Forces Retirement HomeSec. 1411. Authorization of appropriations for Armed Forces Retirement Home.Subtitle C—Other mattersSec. 1421. Authorization to loan materials in National Defense Stockpile.Sec. 1422. Repeal of termination of biennial report on National Defense Stockpile requirements.Sec. 1423. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.TITLE XV—Space activities, strategic programs, and intelligence mattersSubtitle A—Space activitiesSec. 1501. Delegation of authorities to Space Development Agency.Sec. 1502. Modification to Space Development Agency.Sec. 1503. Disclosure of National Security Space Launch program contract pricing terms.Sec. 1504. Extension and modification of Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise.Sec. 1505. Senior Procurement Executive authority.Sec. 1506. Modifications to Space Force Acquisition Council.Sec. 1507. Modifications relating to the Assistant Secretary of the Air Force for Space Acquisition and Integration.Sec. 1508. Modification to transfer of acquisition projects for space systems and programs.Sec. 1509. Extension and modification of certifications regarding integrated tactical warning and attack assessment mission of the Air Force.Sec. 1510. Prohibition on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites.Sec. 1511. Continued requirement for National Security Space Launch program.Sec. 1512. Limitation, report, and briefing on use of commercial satellite services and associated systems.Sec. 1513. Study on commercial systems integration into, and support of, Armed Forces space operations.Sec. 1514. Space policy review.Sec. 1515. Annual briefing on threats to space operations.Subtitle B—Defense intelligence and intelligence-related activitiesSec. 1521. Authority for Army counterintelligence agents to execute warrants and make arrests.Sec. 1522. Annual briefing by Director of the Defense Intelligence Agency on electronic warfare threat to operations of the Department of Defense.Subtitle C—Nuclear forcesSec. 1531. Participation in United States Strategic Command strategic deterrence exercises.Sec. 1532. Modification to requirements relating to nuclear force reductions.Sec. 1533. Modifications to requirements relating to unilateral changes in nuclear weapons stockpile of the United States.Sec. 1534. Deadline for reports on modification of force structure for strategic nuclear weapons delivery systems.Sec. 1535. Modification of deadline for notifications relating to reduction, consolidation, or withdrawal of nuclear forces based in Europe.Sec. 1536. Congressional Commission on the Strategic Posture of the United States.Sec. 1537. Revised nuclear posture review.Sec. 1538. Ground-based strategic deterrent development program accountability matrices.Sec. 1539. Procurement authority for certain parts of ground-based strategic deterrent cryptographic device.Sec. 1540. Mission-design series popular name for ground-based strategic deterrent.Sec. 1541. B–21 Raider nuclear capability and integration with long-range standoff weapon.Sec. 1542. Comptroller General study and updated report on nuclear weapons capabilities and force structure requirements.Sec. 1543. Prohibition on reduction of the intercontinental ballistic missiles of the United States.Sec. 1544. Limitation on use of funds until completion of analysis of alternatives for nuclear sea-launched cruise missile.Sec. 1545. Sense of the Senate on NATO security and nuclear cooperation between the United States and the United Kingdom.Sec. 1546. Sense of the Senate on maintaining diversity in the nuclear weapons stockpile.Sec. 1547. Sense of the Senate on ground-based strategic deterrent.Subtitle D—Missile defense programsSec. 1551. Authority to develop and deploy Next Generation Interceptor for missile defense of the United States homeland.Sec. 1552. Annual reliability testing for the Next Generation Interceptor.Sec. 1553. Next Generation Interceptor development program accountability matrices.Sec. 1554. Extension of period for transition of ballistic missile defense programs to military departments.Sec. 1555. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production.Sec. 1556. Semiannual updates on meetings held by the Missile Defense Executive Board.Sec. 1557. Independent study of Department of Defense components’ roles and responsibilities relating to missile defense.TITLE XVI—Cyberspace-related mattersSec. 1601. Matters concerning cyber personnel requirements.Sec. 1602. Cyber data management.Sec. 1603. Assignment of certain budget control responsibilities to Commander of United States Cyber Command.Sec. 1604. Coordination between United States Cyber Command and private sector.Sec. 1605. Pilot program on public-private partnerships with internet ecosystem companies to detect and disrupt adversary cyber operations.Sec. 1606. Zero trust strategy, principles, model architecture, and implementation plans.Sec. 1607. Demonstration program for automated security validation tools.Sec. 1608. Improvements to consortium of universities to advise Secretary of Defense on cybersecurity matters.Sec. 1609. Quarterly reports on cyber operations.Sec. 1610. Assessment of cybersecurity posture and operational assumptions and development of targeting strategies and supporting capabilities.Sec. 1611. Assessing capabilities to counter adversary use of ransomware tools, capabilities, and infrastructure.Sec. 1612. Comparative analysis of cybersecurity capabilities.Sec. 1613. Report on the Cybersecurity Maturity Model Certification program.Sec. 1614. Report on potential Department of Defense support and assistance for increasing the awareness of the Cybersecurity and Infrastructure Security Agency of cyber threats and vulnerabilities affecting critical infrastructure.Sec. 1615. Deadline for reports on assessment of cyber resiliency of nuclear command and control system.DIVISION B—Military Construction AuthorizationsSec. 2001. Short title.Sec. 2002. Expiration of authorizations and amounts required to be specified by law.Sec. 2003. Effective date.TITLE XXI—Army military constructionSec. 2101. Authorized Army construction and land acquisition projects.Sec. 2102. Family housing.Sec. 2103. Authorization of appropriations, Army.Sec. 2104. Extension of authorization of fiscal year 2017 project at Wiesbaden Army Airfield.Sec. 2105. Additional authority to carry out fiscal year 2018 project at Fort Bliss, Texas.Sec. 2106. Modification of authority to carry out fiscal year 2021 project at Fort Wainwright, Alaska.Sec. 2107. Additional authority to carry out fiscal year 2022 project at Aberdeen Proving Ground, Maryland.TITLE XXII—Navy military constructionSec. 2201. Authorized Navy construction and land acquisition projects.Sec. 2202. Family housing.Sec. 2203. Improvements to military family housing units.Sec. 2204. Authorization of appropriations, Navy.TITLE XXIII—Air Force military constructionSec. 2301. Authorized Air Force construction and land acquisition projects.Sec. 2302. Family housing.Sec. 2303. Improvements to military family housing units.Sec. 2304. Authorization of appropriations, Air Force.Sec. 2305. Extension of authorizations of certain fiscal year 2017 projects.Sec. 2306. Extension of authorizations of fiscal year 2017 projects at Spangdahlem Air Base, Germany.Sec. 2307. Extension of authorization of fiscal year 2017 project at Hanscom Air Force Base, Massachusetts.Sec. 2308. Modification of authority to carry out fiscal year 2018 project at Tyndall Air Force Base, Florida.Sec. 2309. Modification of authority to carry out fiscal year 2020 projects at Tyndall Air Force Base, Florida.TITLE XXIV—Defense Agencies military constructionSec. 2401. Authorized Defense Agencies construction and land acquisition projects.Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects.Sec. 2403. Authorization of appropriations, Defense Agencies.Sec. 2404. Extension of authorization of fiscal year 2017 project at Yokota Air Base, Japan.TITLE XXV—International programsSubtitle A—North Atlantic Treaty Organization Security Investment ProgramSec. 2501. Authorized NATO construction and land acquisition projects.Sec. 2502. Authorization of appropriations, NATO.Subtitle B—Host Country In-Kind ContributionsSec. 2511. Republic of Korea funded construction projects.Sec. 2512. Republic of Poland provided infrastructure projects.Sec. 2513. Authorization to accept contributions from the Republic of Korea in the form of an irrevocable letter of credit.TITLE XXVI—Guard and Reserve Forces facilitiesSec. 2601. Authorized Army National Guard construction and land acquisition projects.Sec. 2602. Authorized Army Reserve construction and land acquisition projects.Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.Sec. 2604. Authorized Air National Guard construction and land acquisition projects.Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.Sec. 2606. Authorization of appropriations, National Guard and Reserve.TITLE XXVII—Base realignment and closure activitiesSec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round.TITLE XXVIII—Military construction and general provisionsSubtitle A—Military construction programSec. 2801. Clarification of establishment of the Office of Local Defense Community Cooperation as a Department of Defense Field Activity.Sec. 2802. Use of amounts available for operation and maintenance in carrying out military construction projects for energy resilience, energy security, or energy conservation.Subtitle B—Military family housingSec. 2811. Command oversight of military privatized housing as element of performance evaluations.Sec. 2812. Clarification of prohibition against collection from tenants of privatized military housing units of amounts in addition to rent and application of existing law.Sec. 2813. Modification of calculation of military housing contractor pay for privatized military housing.Sec. 2814. Modification of requirements relating to window fall prevention devices at military family housing.Subtitle C—Land conveyancesSec. 2821. Land conveyance, St. Louis, Missouri.Sec. 2822. Land conveyance, Saint Joseph, Missouri.Sec. 2823. Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina.Sec. 2824. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia.Subtitle D—Other mattersSec. 2831. Consideration of public education when making basing decisions.Sec. 2832. Designation of facility at Rock Island Arsenal, Illinois.Sec. 2833. Improvement of security of lodging and living spaces on military installations.Sec. 2834. Expansion of authority of Secretary of the Navy to lease and license Navy museum facilities to generate revenue to support museum administration and operations.Sec. 2835. Pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force.DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONSTITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMSSubtitle A—National Security Programs and AuthorizationsSec. 3101. National Nuclear Security Administration.Sec. 3102. Defense environmental cleanup.Sec. 3103. Other defense activities.Sec. 3104. Nuclear energy.Subtitle B—Nuclear Weapons Stockpile MattersSec. 3111. Portfolio management framework for National Nuclear Security Administration.Sec. 3112. Reports on risks to and gaps in industrial base for nuclear weapons components, subsystems, and materials.Sec. 3113. Sense of Senate on oversight role of Congress in conduct of nuclear weapons testing.Subtitle C—Defense Environmental Cleanup MattersPART I—Environmental Management Liability Reduction and Technology DevelopmentSec. 3121. Definitions.Sec. 3122. Independent assessment and management of defense environmental cleanup programs.Sec. 3123. Incremental Technology Development Program.Sec. 3124. High-Impact Technology Development Program.Sec. 3125. Environmental Management University Program.PART II—Other MattersSec. 3131. Comprehensive strategy for treating, storing, and disposing of defense nuclear waste resulting from stockpile maintenance and modernization activities.Subtitle D—Budget and Financial Management MattersSec. 3141. Improvements to cost estimates informing analyses of alternatives.Sec. 3142. Modification of requirements for certain construction projects.Sec. 3143. Modification to terminology for reports on financial balances for atomic energy defense activities.Subtitle E—Other MattersSec. 3151. Extension of authority for appointment of certain scientific, engineering, and technical personnel.Sec. 3152. Extension of enhanced procurement authority to manage supply chain risk.Sec. 3153. Extension of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide.Sec. 3154. Updates to Infrastructure Modernization Initiative.Sec. 3155. Acquisition of high-performance computing capabilities by National Nuclear Security Administration.Sec. 3156. Limitation on use of funds for naval nuclear fuel systems based on low-enriched uranium.TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARDSec. 3201. Authorization.Sec. 3202. References to Chairperson and Vice Chairperson of Defense Nuclear Facilities Safety Board.TITLE XXXV—MARITIME ADMINISTRATIONSec. 3501. Maritime Administration.DIVISION D—Funding TablesSec. 4001. Authorization of amounts in funding tables.

3.

Congressional defense committees

In this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

4.

Budgetary effects of this Act

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.

B

Military Construction Authorizations

2001.

Short title

This division may be cited as the Military Construction Authorization Act for Fiscal Year 2022.

2002.

Expiration of authorizations and amounts required to be specified by law

(a)

Expiration of authorizations after three years

Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—(1)October 1, 2024; or(2)the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025.(b)

Exception

Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—(1)October 1, 2024; or(2)the date of the enactment of an Act authorizing funds for fiscal year 2025 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.

2003.

Effective date

Titles XXI through XXVII shall take effect on the later of—(1)October 1, 2021; or(2)the date of the enactment of this Act.

C

DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

D

Funding Tables

4001.

Authorization of amounts in funding tables

(a)

In general

Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations.(b)

Merit-based decisions

A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall—(1)be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and(2)comply with other applicable provisions of law.(c)

Relationship to transfer and programming authority

An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 or section 1522 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.(d)

Applicability to classified annex

This section applies to any classified annex that accompanies this Act.(e)

Oral written communications

No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.

September 22 (legislative day, September 21), 2021Read twice and placed on the calendar