[Congressional Record Volume 167, Number 163 (Tuesday, September 21, 2021)]
[House]
[Pages H4596-H4861]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2022
Mr. SMITH of Washington. Madam Speaker, pursuant to House Resolution
667, I call up the bill (H.R. 4350) to authorize appropriations for
fiscal year 2022 for military activities of the Department of Defense
and for military construction, to prescribe military personnel
strengths for such fiscal year, and for other purposes, and ask for its
immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 667, in lieu of
the amendment in the nature of a substitute recommended by the
Committee on Armed Services printed in the bill, an amendment in the
nature of a substitute consisting of the text of Rules Committee Print
117-13 modified by the amendment printed in part B of House Report 117-
125, is adopted and the bill, as amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 4350
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2022''.
SEC. 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.
(5) Division E--Non-Department of Defense Matters.
(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.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for AH-64E Apache
helicopters.
Sec. 112. Multiyear procurement authority for UH-60M and HH-60M Black
Hawk helicopters.
Sec. 113. Continuation of Soldier Enhancement Program.
Sec. 114. Strategy for the procurement of accessories for the next
generation squad weapon.
Subtitle C--Navy Programs
Sec. 121. Extension of procurement authority for certain amphibious
shipbuilding programs.
Sec. 122. Inclusion of basic and functional design in assessments
required prior to start of construction on first ship of
a shipbuilding program.
Sec. 123. Multiyear procurement authority for Arleigh Burke class
destroyers.
Sec. 124. Incorporation of advanced degaussing systems into DDG-51
class destroyers.
Subtitle D--Air Force Programs
Sec. 131. Contract for logistics support for VC-25B aircraft.
Sec. 132. Limitation on availability of funds for the B-52 Commercial
Engine Replacement Program.
Sec. 133. Inventory requirements and limitations relating to certain
air refueling tanker aircraft.
Sec. 134. Minimum inventory of tactical airlift aircraft and limitation
on modification of Air National Guard tactical airlift
flying missions.
Sec. 135. Procurement authority for certain parts of the ground-based
strategic deterrent cryptographic device.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 141. Implementation of affordability, operational, and sustainment
cost constraints for the F-35 aircraft program.
Sec. 142. Limitation on availability of funds for aircraft systems for
the armed overwatch program.
Sec. 143. Major weapon systems capability assessment process and
procedure review and report.
Sec. 144. Reports on exercise of waiver authority with respect to
certain aircraft ejection seats.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Duties and regional activities of the Defense Innovation
Unit.
Sec. 212. Modification of mechanisms for expedited access to technical
talent and expertise at academic institutions to support
Department of Defense missions.
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Sec. 213. Modification of mechanisms for expedited access to technical
talent and expertise at academic institutions.
Sec. 214. Minority Institute for Defense Research.
Sec. 215. Test program for engineering plant of DDG(X) destroyer
vessels.
Sec. 216. Consortium to study irregular warfare.
Sec. 217. Development and implementation of digital technologies for
survivability and lethality testing.
Sec. 218. Pilot program on the use of intermediaries to connect the
Department of Defense with technology producers.
Sec. 219. Assessment and correction of deficiencies in the F-35
aircraft pilot breathing system.
Sec. 220. Identification of the hypersonics facilities and capabilities
of the Major Range and Test Facility Base.
Sec. 221. Requirement to maintain access to category 3 subterranean
training facility.
Sec. 222. Prohibition on reduction of naval aviation testing and
evaluation capacity.
Sec. 223. Limitation on availability of funds for certain C-130
aircraft.
Sec. 224. Limitation on availability of funds for VC-25B aircraft
program pending submission of documentation.
Subtitle C--Plans, Reports, and Other Matters
Sec. 231. Modification to annual report of the Director of Operational
Test and Evaluation.
Sec. 232. Adaptive engine transition program acquisition strategy for
the F-35A aircraft.
Sec. 233. Advanced propulsion system acquisition strategy for the F-35B
and F-35C aircraft.
Sec. 234. Assessment and report on airborne electronic attack
capabilities and capacity.
Sec. 235. Strategy for autonomy integration in major weapon systems.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Inclusion of impacts on military installation resilience in
the National Defense Strategy and associated documents.
Sec. 312. Modification of authorities governing cultural and
conservation activities of the Department of Defense.
Sec. 313. Modification of authority for environmental restoration
projects of National Guard.
Sec. 314. Prohibition on use of open-air burn pits in contingency
operations outside the United States.
Sec. 315. Maintenance of current analytical tools for evaluation of
energy resilience measures.
Sec. 316. Energy efficiency targets for Department of Defense data
centers.
Sec. 317. Modification of restriction on Department of Defense
procurement of certain items containing perfluorooctane
sulfonate or perfluorooctanoic acid.
Sec. 318. Temporary moratorium on incineration by Department of Defense
of perfluoroalkyl substances, polyfluoroalkyl substances,
and aqueous film forming foam.
Sec. 319. Public disclosure of results of Department of Defense testing
of water for perfluoroalkyl or polyfluoroalkyl
substances.
Sec. 320. PFAS testing requirements.
Sec. 321. Standards for response actions with respect to PFAS
contamination.
Sec. 322. Review and guidance relating to prevention and mitigation of
spills of aqueous film-forming foam.
Sec. 323. Budget information for alternatives to burn pits.
Sec. 324. Establishment of emissions control standard operating
procedures.
Sec. 325. Long-duration demonstration initiative and joint program.
Sec. 326. Pilot program on use of sustainable aviation fuel.
Sec. 327. Joint Department of Defense and Department of Agriculture
study on bioremediation of PFAS using mycological organic
matter.
Subtitle C--Logistics and Sustainment
Sec. 341. Mitigation of contested logistics challenges of the
Department of Defense through reduction of operational
energy demand.
Sec. 342. Global bulk fuel management and delivery.
Sec. 343. Comptroller General annual reviews of F-35 sustainment
efforts.
Sec. 344. Pilot program on biobased corrosion control and mitigation.
Sec. 345. Pilot program on digital optimization of organic industrial
base maintenance and repair operations.
Sec. 346. Pilot program on implementation of mitigating actions to
address vulnerabilities to critical defense facilities
and associated defense critical electric infrastructure.
Sec. 347. Report and certification requirements regarding sustainment
costs for F-35 aircraft program.
Subtitle D--Risk Mitigation and Safety Improvement
Sec. 351. Treatment of notice of presumed risk issued by Military
Aviation and Installation Assurance Clearinghouse for
review of mission obstructions.
Sec. 352. Establishment of Joint Safety Council.
Sec. 353. Mishap Investigation Review Board.
Sec. 354. Implementation of Comptroller General recommendations on
preventing tactical vehicle training accidents.
Sec. 355. Pilot program for tactical vehicle safety data collection.
Subtitle E--Reports
Sec. 361. Inclusion of information regarding borrowed military manpower
in readiness reports.
Sec. 362. Annual report on missing, lost, and stolen weapons, large
amounts of ammunition, destructive devices, and explosive
material.
Sec. 363. Annual report on material readiness of Navy ships.
Sec. 364. Strategy and annual report on critical language proficiency
of special operations forces.
Sec. 365. Report and briefing on approach for certain properties
affected by noise from military flight operations.
Sec. 366. Study on use of military resources to transport certain
individuals and effect on military readiness.
Subtitle F--Other Matters
Sec. 371. Budget justification for operation and maintenance.
Sec. 372. Improvements and clarifications related to military working
dogs.
Sec. 373. Management of fatigue among crew of naval surface ships and
related improvements.
Sec. 374. Authority to establish Center of Excellence for radar systems
and complementary workforce and education programs.
Sec. 375. Pilot program on military working dog and explosives
detection canine health and excellence.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Sec. 415. Accounting of reserve component members performing active
duty or full-time National Guard duty towards authorized
end strengths.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Reserve Component Management
Sec. 501. Grade of certain chiefs of reserve components.
Sec. 502. Grade of Vice Chief of the National Guard Bureau.
Sec. 503. Prohibition on private funding for interstate deployment of
National Guard.
Sec. 504. Requirement of consent of the chief executive officer for
certain full-time National Guard duty performed in a
State, Territory, or the District of Columbia.
Sec. 505. Continued National Guard support for FireGuard program.
Sec. 506. Study on reapportionment of National Guard force structure
based on domestic responses.
Sec. 507. Report on feasibility and advisability of including
cybersecurity operations and missions to protect critical
infrastructure by members of the National Guard in
connection with training or other duty.
Sec. 508. Access to Tour of Duty system.
Subtitle B--General Service Authorities and Military Records
Sec. 511. Prohibition on commissioning or enlistment in the Armed
Forces of an individual convicted of a felony hate crime.
Sec. 512. Reduction in service commitment required for participation in
career intermission program of a military department.
Sec. 513. Modernization of the Selective Service System.
Sec. 514. Improvements to military accessions in Armed Forces under the
jurisdiction of the Secretaries of the military
departments.
Sec. 515. Authorization of permissive temporary duty for wellness.
Sec. 516. Required staffing of administrative separation boards.
Sec. 517. Administrative separation: miscellaneous authorities and
requirements.
Sec. 518. Prohibition on algorithmic career termination.
Sec. 519. Prohibition on discipline against a member based on certain
social media.
Sec. 519A. Command oversight of military privatized housing as element
of performance evaluations.
Sec. 519B. Feasibility study on establishment of housing history for
members of the Armed Forces who reside in housing
provided by the United States.
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Sec. 519C. Seaman to Admiral-21 program: credit towards retirement.
Sec. 519D. Progress report on implementation of GAO recommendations
regarding career paths for surface warfare officers of
the Navy.
Sec. 519E. Independent assessment of retention of female surface
warfare officers.
Subtitle C--Military Justice and Other Legal Matters
Sec. 521. Rights of the victim of an offense under the Uniform Code of
Military Justice.
Sec. 522. Commanding officer's non-judicial punishment.
Sec. 523. Selection process for members to serve on courts-martial.
Sec. 524. Petition for DNA testing under the Uniform Code of Military
Justice.
Sec. 525. Punitive article on violent extremism.
Sec. 526. Clarifications of procedure in investigations of personnel
actions taken against members of the Armed Forces in
retaliation for protected communications.
Sec. 527. Activities to improve family violence prevention and
response.
Sec. 528. Mandatory notification of members of the Armed Forces
identified in certain records of criminal investigations.
Sec. 529. Authority of military judges and military magistrates to
issue military court protective orders.
Sec. 529A. Countering extremism in the Armed Forces.
Sec. 529B. Reform and improvement of military criminal investigative
organizations.
Sec. 529C. Measures to improve the safety and security of members of
the Armed Forces.
Sec. 529D. Distribution of information on the availability of civilian
victim services.
Sec. 529E. Report on mandatory restitution.
Subtitle D--Implementation of Recommendations of the Independent Review
Commission on Sexual Assault in the Military
Sec. 531. Short title.
Part 1--Special Victim Prosecutors and Special Victim Offenses
Sec. 532. Special victim prosecutors.
Sec. 533. Department of Defense policies with respect to special victim
prosecutors and establishment of offices of special
victim prosecutors within military departments.
Sec. 534. Definitions of military magistrate, special victim offense,
and special victim prosecutor.
Sec. 535. Clarification relating to who may convene courts-martial.
Sec. 536. Detail of trial counsel.
Sec. 537. Preliminary hearing.
Sec. 538. Advice to convening authority before referral for trial.
Sec. 539. Former jeopardy.
Sec. 539A. Plea agreements.
Sec. 539B. Determinations of impracticality of rehearing.
Sec. 539C. Punitive article on sexual harassment.
Sec. 539D. Clarification of applicability of domestic violence and
stalking to dating partners.
Sec. 539E. Effective date.
Part 2--Sentencing Reform
Sec. 539F. Sentencing reform.
Part 3--Reports and Other Matters
Sec. 539G. Report on modification of disposition authority for offenses
other than special victim offenses.
Sec. 539H. Report on implementation of certain recommendations of the
Independent Review Commission on Sexual Assault in the
Military.
Sec. 539I. Report on implementation of recommendations and other
activities to address racial, ethnic, and gender
disparities in the military justice system.
Subtitle E--Other Sexual Assault-Related Matters
Sec. 541. Independent investigation of complaints of sexual harassment.
Sec. 542. Modification of notice to victims of pendency of further
administrative action following a determination not to
refer to trial by court-martial.
Sec. 543. Modifications to annual report regarding sexual assaults
involving members of the Armed Forces.
Sec. 544. Civilian positions to support Special Victims' Counsel.
Sec. 545. Feasibility study on establishment of clearinghouse of
evidence-based practices to prevent sexual assault,
suicide, and other harmful behaviors among members of the
Armed Forces and military families.
Subtitle F--Member Education, Training, and Transition
Sec. 551. Training on consequences of committing a crime in
preseparation counseling of the Transition Assistance
Program.
Sec. 552. Participation of members of the reserve components of the
Armed Forces in the Skillbridge program.
Sec. 553. Expansion and codification of matters covered by diversity
training in the Department of Defense.
Sec. 554. Expansion of Junior Reserve Officers' Training Corps program.
Sec. 555. Defense Language Institute Foreign Language Center.
Sec. 556. 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. 557. Votes required to call a meeting of the Board of Visitors of
a military service academy.
Sec. 558. United States Naval Community College.
Sec. 559. Codification of establishment of United States Air Force
Institute of Technology.
Sec. 559A. Clarifications regarding scope of employment and
reemployment rights of members of the uniformed services.
Sec. 559B. Clarification and expansion of prohibition on gender-
segregated training in the Marine Corps.
Sec. 559C. Requirement to issue regulations ensuring certain parental
guardianship rights of cadets and midshipmen.
Sec. 559D. Defense language continuing education program.
Sec. 559E. Public-private consortium to improve professional military
education.
Sec. 559F. Standards for training of surface warfare officers and
enlisted members.
Sec. 559G. Professional military education: report; definition.
Sec. 559H. Study on training and education of members of the Armed
Forces regarding social reform and unhealthy behaviors.
Subtitle G--Military Family Readiness and Dependents' Education
Sec. 561. Establishment of Exceptional Family Member Program Advisory
Council.
Sec. 562. Non-medical counseling services for military families.
Sec. 563. Expansion of support programs for special operations forces
personnel and immediate family members.
Sec. 564. Clarification of qualifications for attorneys who provide
legal services to families enrolled in the Exceptional
Family Member Program.
Sec. 565. Improvements to the Exceptional Family Member Program.
Sec. 566. Database of next of kin of deceased members of the Armed
Forces.
Sec. 567. Policy regarding remote military installations.
Sec. 568. Feasibility study on program for drop-in child care furnished
to certain military spouses at military child development
centers.
Sec. 569. Comptroller General of the United States reports on
employment discrimination against military spouses by
civilian employers.
Sec. 569A. Report on efforts of commanders of military installations to
connect military families with local entities that
provide services to military families.
Sec. 569B. Report on Preservation of the Force and Family Program of
United States Special Operations Command.
Sec. 569C. GAO review of Preservation of the Force and Family Program
of United States Special Operations Command.
Sec. 569D. Continued assistance to schools with significant numbers of
military dependent students.
Sec. 569E. Verification of reporting of eligible federally connected
children for purposes of Federal impact aid programs.
Subtitle H--Diversity and Inclusion
Sec. 571. Information on female and minority participation in military
service academies and the Senior Reserve Officers'
Training Corps.
Sec. 572. Surveys on diversity, equity, and inclusion and annual
reports on sexual assaults and racial and ethnic
demographics in the military justice system.
Sec. 573. Amendments to additional Deputy Inspector General of the
Department of Defense.
Sec. 574. Extension of deadline for GAO report on equal opportunity at
the military service academies.
Sec. 575. GAO review of extremist affiliations and activity among
members of the Armed Forces on active duty.
Subtitle I--Decorations and Awards
Sec. 581. Semiannual reports regarding review of service records of
certain veterans.
Sec. 582. Eligibility of veterans of Operation End Sweep for Vietnam
Service Medal.
Sec. 583. Establishment of the Atomic Veterans Service Medal.
Sec. 584. Authorization for award of the Medal of Honor to Marcelino
Serna for acts of valor during World War I.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Command climate assessments: independent review; reports.
Sec. 592. Healthy eating in the Department of Defense.
Sec. 593. Plant-based protein pilot program of the Navy.
Sec. 594. Reports on misconduct by members of special operations
forces.
Sec. 595. Updates and preservation of memorials to chaplains at
Arlington National Cemetery.
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TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Basic needs allowance for low-income regular members.
Sec. 602. Equal incentive pay for members of the reserve components of
the Armed Forces.
Sec. 603. Expansions of certain travel and transportation authorities.
Sec. 604. Unreimbursed moving expenses for members of the Armed Forces:
report; policy.
Sec. 605. Report on relationship between basic allowance for housing
and sizes of military families.
Sec. 606. Report on temporary lodging expenses in competitive housing
markets.
Sec. 607. Report on rental partnership programs.
Subtitle B--Bonuses and Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Subtitle C--Family and Survivor Benefits
Sec. 621. Expansion of parental leave for members of the Armed Forces.
Sec. 622. Transitional compensation and benefits for the former spouse
of a member of the Armed Forces who allegedly committed a
dependent-abuse offense during marriage.
Sec. 623. Claims relating to the return of personal effects of a
deceased member of the Armed Forces.
Sec. 624. Expansion of pilot program to provide financial assistance to
members of the Armed Forces for in-home child care.
Sec. 625. Continuation of paid parental leave for a member of the Armed
Forces upon death of child.
Sec. 626. Casualty assistance program: reform; establishment of working
group.
Subtitle D--Defense Resale Matters
Sec. 631. Additional sources of funds available for construction,
repair, improvement, and maintenance of commissary
stores.
Subtitle E--Miscellaneous Rights and Benefits
Sec. 641. Electronic or online notarization for members of the Armed
Forces.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Improvement of postpartum care for certain members of the
Armed Forces and dependents.
Sec. 702. Eating disorders treatment for certain members of the Armed
Forces and dependents.
Sec. 703. Modifications relating to coverage of telehealth services
under TRICARE program and other matters.
Sec. 704. Modifications to pilot program on health care assistance
system.
Sec. 705. Temporary requirement for contraception coverage parity under
the TRICARE program.
Subtitle B--Health Care Administration
Sec. 711. Modification of certain Defense Health Agency organization
requirements.
Sec. 712. Requirement for consultations related to military medical
research and Defense Health Agency Research and
Development.
Sec. 713. Authorization of program to prevent fraud and abuse in the
military health system.
Sec. 714. Mandatory referral for mental health evaluation.
Sec. 715. Inclusion of exposure to perfluoroalkyl and polyfluoroalkyl
substances as component of periodic health assessments.
Sec. 716. Prohibition on adverse personnel actions taken against
certain members of the Armed Forces based on declining
COVID-19 vaccine.
Sec. 717. Establishment of Department of Defense system to track and
record information on vaccine administration.
Sec. 718. Authorization of provision of instruction at Uniformed
Services University of the Health Sciences to certain
Federal employees.
Sec. 719. Mandatory training on health effects of burn pits.
Sec. 720. Department of Defense procedures for exemptions from
mandatory COVID-19 vaccines.
Sec. 721. Modifications and report related to reduction or realignment
of military medical manning and medical billets.
Sec. 722. Cross-functional team for emerging threat relating to
anomalous health incidents.
Sec. 723. Implementation of integrated product for management of
population health across military health system.
Sec. 724. Digital health strategy of Department of Defense.
Sec. 725. Development and update of certain policies relating to
military health system and integrated medical operations.
Sec. 726. Standardization of definitions used by the Department of
Defense for terms related to suicide.
Subtitle C--Reports and Other Matters
Sec. 731. Grant program for increased cooperation on post-traumatic
stress disorder research between United States and
Israel.
Sec. 732. Pilot program on cardiac screening at certain military
service academies.
Sec. 733. Pilot program on cryopreservation and storage.
Sec. 734. Pilot program on assistance for mental health appointment
scheduling at military medical treatment facilities.
Sec. 735. Pilot program on oral rehydration solutions.
Sec. 736. Authorization of pilot program to survey access to mental
health care under military health system.
Sec. 737. Prohibition on availability of funds for research connected
to China.
Sec. 738. Independent analysis of Department of Defense Comprehensive
Autism Care Demonstration program.
Sec. 739. Independent review of suicide prevention and response at
military installations.
Sec. 740. Feasibility and advisability study on establishment of
aeromedical squadron at Joint Base Pearl Harbor-Hickam.
Sec. 741. Plan to address findings related to access to contraception
for members of the Armed Forces.
Sec. 742. GAO biennial study on Individual Longitudinal Exposure Record
program.
Sec. 743. GAO study on exclusion of certain remarried individuals from
medical and dental coverage under TRICARE program.
Sec. 744. Study on joint fund of the Department of Defense and the
Department of Veterans Affairs for Federal Electronic
Health Record Modernization Office.
Sec. 745. Briefing on domestic production of critical active
pharmaceutical ingredients.
Sec. 746. Briefing on anomalous health incidents involving members of
the Armed Forces.
Sec. 747. Sense of Congress on National Warrior Call Day.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Acquisition workforce educational partnerships.
Sec. 802. Special emergency reimbursement authority.
Sec. 803. Prohibition on procurement of personal protective equipment
from non-allied foreign nations.
Sec. 804. Minimum wage for employees of Department of Defense
contractors.
Sec. 805. Diversity and inclusion reporting requirements for covered
contractors.
Sec. 806. Website for certain domestic procurement waivers.
Sec. 807. Suspension or debarment referral for egregious violations of
certain domestic preference laws.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 811. Extension of authorization for the defense civilian
acquisition workforce personnel demonstration project.
Sec. 812. Modifications to contracts subject to cost or pricing data
certification.
Sec. 813. Office of Corrosion Policy and Oversight employee training
requirements.
Sec. 814. Standard guidelines for evaluation of requirements for
services contracts.
Sec. 815. Extension of requirement to submit Selected Acquisition
Reports.
Sec. 816. Limitation on procurement of welded shipboard anchor and
mooring chain for naval vessels.
Sec. 817. Competition requirements for purchases from Federal Prison
Industries.
Sec. 818. Repeal of preference for fixed-price contracts.
Sec. 819. Modification to the pilot program for streamlining awards for
innovative technology projects.
Sec. 820. Other transaction authority information accessibility.
Subtitle C--Provisions Relating to Supply Chain Security
Sec. 831. Department of Defense research and development priorities.
Sec. 832. Defense supply chain risk assessment framework.
Sec. 833. Plan to reduce reliance on supplies and materials from
adversaries in the defense supply chain.
Sec. 834. Enhanced domestic content requirement for major defense
acquisition programs.
Sec. 835. Reduction of fluctuations of supply and demand for certain
covered items.
Sec. 836. Prohibition on certain procurements from the Xinjiang Uyghur
Autonomous Region.
Subtitle D--Industrial Base Matters
Sec. 841. Modification of pilot program for development of technology-
enhanced capabilities with partnership intermediaries.
Sec. 842. Designating certain SBIR and STTR programs as entrepreneurial
innovation projects.
Sec. 843. Modifications to printed circuit board acquisition
restrictions.
Sec. 844. Defense industrial base coalition for career development.
Sec. 845. Additional testing of commercial e-commerce portal models.
Sec. 846. Support for industry participation in global standards
organizations.
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Subtitle E--Other Matters
Sec. 851. Mission management pilot program.
Sec. 852. Pilot program to determine the cost competitiveness of drop-
in fuels.
Sec. 853. Assuring integrity of overseas fuel supplies.
Sec. 854. Cadre of software development and acquisition experts.
Sec. 855. Acquisition practices and policies assessment.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Modification of requirements for appointment of a person as
Secretary of Defense after relief from active duty.
Sec. 902. Implementation of repeal of Chief Management Officer of the
Department of Defense.
Sec. 903. Designation of senior official for implementation of
Electromagnetic Spectrum Superiority Strategy.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Clarification of treatment of Office of Local Defense
Community Cooperation as a Department of Defense Field
Activity.
Sec. 912. Use of Combatant Commander Initiative Fund for certain
environmental matters.
Sec. 913. Inclusion of explosive ordnance disposal in special
operations activities.
Sec. 914. Coordination of certain Naval activities with the Space
Force.
Sec. 915. Space Force organizational matters and modification of
certain space-related acquisition authorities.
Sec. 916. Report on establishment of office to oversee sanctions with
respect to Chinese military companies.
Sec. 917. Independent review of and report on the Unified Command Plan.
Subtitle C--Space National Guard
Sec. 921. Establishment of Space National Guard.
Sec. 922. No effect on military installations.
Sec. 923. Implementation of Space National Guard.
Sec. 924. Conforming amendments and clarification of authorities.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Determination of budgetary effects.
Sec. 1003. Budget justification for operation and maintenance.
Subtitle B--Naval Vessels
Sec. 1011. Critical components of national sea-based deterrence
vessels.
Sec. 1012. Biennial report on shipbuilder training and the defense
industrial base.
Sec. 1013. Revision of sustainment key performance parameters for
shipbuilding programs.
Sec. 1014. Prohibition on use of funds for retirement of Mark VI patrol
boats.
Sec. 1015. Assessment of security of global maritime chokepoints.
Sec. 1016. Annual report on ship maintenance.
Sec. 1017. Availability of funds for retirement or inactivation of
Ticonderoga class cruisers.
Subtitle C--Counterterrorism
Sec. 1021. Inclusion in counterterrorism briefings of information on
use of military force in collective self-defense.
Sec. 1022. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1023. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to certain countries.
Subtitle D--Miscellaneous Authorities and Limitations
Sec. 1031. Navy coordination with Coast Guard on aircraft, weapons,
tactics, technique, organization, and equipment of joint
concern.
Sec. 1032. Prohibition on use of Navy, Marine Corps, and Space Force as
posse comitatus.
Sec. 1033. Program to improve relations between members of the Armed
Forces and military communities.
Sec. 1034. Authority to provide space and services to military welfare
societies.
Sec. 1035. Required revision of Department of Defense unmanned aircraft
systems categorization.
Sec. 1036. Limitation on funding for information operations matters.
Sec. 1037. Prohibition on provision of equipment to other departments
and agencies for protection of certain facilities and
assets from unmanned aircraft.
Sec. 1038. Limitation on use of funds for United States Space Command
headquarters.
Subtitle E--Studies and Reports
Sec. 1041. Congressional oversight of alternative compensatory control
measures.
Sec. 1042. Comparative testing reports for certain aircraft.
Sec. 1043. Extension of reporting requirement regarding enhancement of
information sharing and coordination of military training
between Department Of Homeland Security And Department Of
Defense.
Sec. 1044. Continuation of certain Department of Defense reporting
requirements.
Sec. 1045. Geographic combatant command risk assessment of Air Force
airborne intelligence, surveillance, and reconnaissance
modernization plan.
Sec. 1046. Biennial assessments of Air Force Test Center.
Sec. 1047. Comparative study on .338 Norma Magnum platform.
Sec. 1048. Comptroller General report on aging Department of Defense
equipment.
Sec. 1049. Report on acquisition, delivery, and use of mobility assets
that enable implementation of expeditionary advanced base
operations.
Sec. 1050. Force posture in the Indo-Pacific region.
Sec. 1051. Assessment of United States military infrastructure in Diego
Garcia, British Indian Ocean Territory.
Sec. 1052. Report on 2019 World Military Games.
Sec. 1053. Reports and briefings regarding oversight of Afghanistan.
Sec. 1054. Report and briefing on United States equipment, property,
and classified material that was destroyed, surrendered,
and abandoned in the withdrawal from Afghanistan.
Sec. 1055. Report on defense utility of United States territories and
possessions.
Sec. 1056. Report on Coast Guard explosive ordnance disposal.
Sec. 1057. Independent assessment with respect to the Arctic region.
Sec. 1058. Annual report and briefing on Global Force Management
Allocation Plan.
Subtitle F--District of Columbia National Guard Home Rule
Sec. 1066. Short title.
Sec. 1067. Extension of National Guard authorities to Mayor of the
District of Columbia.
Sec. 1068. Conforming amendments to title 10, United States Code.
Sec. 1069. Conforming amendments to title 32, United States Code.
Sec. 1070. Conforming amendment to the District of Columbia Home Rule
Act.
Subtitle G--Other Matters
Sec. 1071. Technical, conforming, and clerical amendments.
Sec. 1072. Assistant Secretary of Defense for Indo-Pacific Security
Affairs.
Sec. 1073. Improvement of transparency and congressional oversight of
civil reserve air fleet.
Sec. 1074. Enhancements to national mobilization exercises.
Sec. 1075. Providing end-to-end electronic voting services for absent
uniformed services voters in locations with limited or
immature postal service.
Sec. 1076. Responsibilities for national mobilization; personnel
requirements.
Sec. 1077. Update of Joint Publication 3-68: Noncombatant Evacuation
Operations.
Sec. 1078. Treatment of operational data from Afghanistan.
Sec. 1079. Defense Resource Budgeting and Allocation Commission.
Sec. 1080. Commission on Afghanistan.
Sec. 1081. Technology pilot program to support ballot transmission for
absent uniformed services and overseas votes.
Sec. 1082. Recognition of the Memorial, Memorial Garden, and K9
Memorial of the National Navy UDT-SEAL Museum in Fort
Pierce, Florida, as the official national memorial,
memorial garden, and K9 memorial, respectively, of Navy
SEALs and their predecessors.
Sec. 1083. Sense of Congress on the legacy, contributions, and
sacrifices of American Indian and Alaska Natives in the
Armed Forces.
Sec. 1084. Name of Naval Medical Center Camp Lejeune.
Sec. 1085. Sense of Congress regarding naming a warship the USS
Fallujah.
Sec. 1086. Name of Air Force Utah test and training range.
Sec. 1087. Name of Air Force Utah Test and Training Range Consolidated
Mission Control Center.
Sec. 1088. Sense of Congress regarding crisis at the Southwest border.
Sec. 1089. Improvements and clarifications relating to unauthorized use
of computers of Department of Defense.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on pay for
Federal civilian employees working overseas.
Sec. 1102. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone.
Sec. 1103. DARPA personnel management authority to attract science and
engineering experts.
Sec. 1104. Civilian personnel management.
Sec. 1105. Comptroller General review of Naval Audit Service
operations.
Sec. 1106. Implementation of GAO recommendations on tracking, response,
and training for civilian employees of the Department of
Defense regarding sexual harassment and assault.
Sec. 1107. Guidelines for reductions in civilian positions.
Sec. 1108. Repeal of 2-year probationary period.
[[Page H4601]]
Sec. 1109. Amendment to diversity and inclusion reporting.
Sec. 1110. Including active duty in the armed forces in meeting service
requirement for Federal employee family and medical
leave.
Sec. 1111. Treatment of hours worked under a qualified trade-of-time
arrangement.
Sec. 1112. Modification of temporary authority to appoint retired
members of the armed forces to positions in the
Department of Defense.
Sec. 1113. Increase in allowance based on duty at remote worksites.
Sec. 1114. Limiting the number of local wage areas defined within a pay
locality.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Extension of support of special operations for irregular
warfare.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Clarification of certain matters regarding protection of
Afghan allies.
Sec. 1212. Afghanistan Security Forces Fund.
Sec. 1213. Prohibition on providing funds or material resources of the
Department of Defense to the Taliban.
Sec. 1214. Prohibition on transporting currency to the Taliban and the
Islamic Emirate of Afghanistan.
Sec. 1215. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1216. Quarterly briefings on the security environment in
Afghanistan and United States military operations related
to the security of, and threats emanating from,
Afghanistan.
Sec. 1217. Quarterly report on the threat potential of Al-Qaeda and
related terrorist groups under a Taliban regime in
Afghanistan.
Sec. 1218. Sense of Congress.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 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.
Sec. 1224. Prohibition of transfers to Badr organization.
Sec. 1225. Prohibition on transfers to Iran.
Sec. 1226. Report on Iran-China military ties.
Sec. 1227. Report on Iranian military capabilities.
Sec. 1228. Report on Iranian terrorist proxies.
Subtitle D--Matters Relating to Russia
Sec. 1231. Extension of limitation on military cooperation between the
United States and Russia.
Sec. 1232. Prohibition on availability of funds relating to sovereignty
of Russia over Crimea.
Sec. 1233. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1234. Report on options for assisting the Government of Ukraine in
addressing integrated air and missile defense gaps.
Sec. 1235. Biennial report on Russian influence operations and
campaigns targeting military alliances and partnerships
of which the United States is a member.
Sec. 1236. Sense of Congress on Georgia.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1241. Sense of Congress on a free and open Indo-Pacific region.
Sec. 1242. Clarification of required budget information related to the
Indo-Pacific.
Sec. 1243. Report on cooperation between the National Guard and Taiwan.
Sec. 1244. Report on military and security developments involving the
People's Republic of China.
Sec. 1245. Biennial report on influence operations and campaigns of the
Government of the People's Republic of China targeting
military alliances and partnerships of which the United
States is a member.
Sec. 1246. Report on efforts by the People's Republic of China to
expand its presence and influence in Latin America and
the Caribbean.
Sec. 1247. Sense of Congress on Taiwan defense relations.
Sec. 1248. Sense of Congress on inviting Taiwan to the Rim of the
Pacific exercise.
Sec. 1249. Sense of Congress on enhancing defense and security
cooperation with Singapore.
Sec. 1250. Sense of Congress.
Sec. 1251. Sense of Congress with respect to Qatar.
Sec. 1252. Statement of policy.
TITLE XIII--OTHER MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Matters Relating to Europe and NATO
Sec. 1301. Report on the state of United States military investment in
Europe including the European Deterrence Initiative.
Sec. 1302. Sense of Congress on United States defense posture in
Europe.
Sec. 1303. Sense of Congress on security assistance to the Baltic
countries.
Subtitle B--Security Cooperation and Assistance
Sec. 1311. Extension of authority for certain payments to redress
injury and loss.
Sec. 1312. Foreign Area Officer assessment and review.
Sec. 1313. Women, peace, and security act implementation at military
service academies.
Subtitle C--Other Matters
Sec. 1321. Extension of authority for Department of Defense support for
stabilization activities in national security interest of
the United States.
Sec. 1322. Notification relating to overseas humanitarian, disaster,
and civic aid funds obligated in support of Operation
Allies Refuge.
Sec. 1323. Limitation on use of funds for the 2022 Olympic and
Paralympic Winter games in China.
Sec. 1324. Report on hostilities involving United States Armed Forces.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 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--Other Matters
Sec. 1411. Acquisition of strategic and critical materials from the
national technology and industrial base.
Sec. 1412. 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.
Sec. 1413. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--CYBERSPACE-RELATED MATTERS
Subtitle A--Cyber Threats
Sec. 1501. Cyber threat information collaboration environment.
Sec. 1502. Enterprise-wide procurement of commercial cyber threat
information products.
Subtitle B--Cyber Systems and Operations
Sec. 1511. Legacy information technologies and systems accountability.
Sec. 1512. Update relating to responsibilities of Chief Information
Officer.
Sec. 1513. Protective Domain Name System within the Department of
Defense.
Subtitle C--Cyber Weapons
Sec. 1521. Notification requirements regarding cyber weapons.
Sec. 1522. Cybersecurity of weapon systems.
Subtitle D--Other Cyber Matters
Sec. 1531. Feasibility study regarding establishment within the
Department of Defense a designated central program
office, headed by a senior Department official,
responsible for overseeing all academic engagement
programs focusing on creating cyber talent across the
Department.
Sec. 1532. Prohibition on Chief Information Officer of the Department
of Defense serving as Principal Cyber Advisor of the
Department.
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
Sec. 1601. Improvements to tactically responsive space launch program.
Sec. 1602. National security space launch program.
Sec. 1603. Classification review of programs of the Space Force.
Sec. 1604. Report on Range of the Future initiative of the Space Force.
Sec. 1605. Norms of behavior for international rules-based order in
space.
Sec. 1606. Programs of record of Space Force and commercial
capabilities.
Sec. 1607. Clarification of domestic services and capabilities in
leveraging commercial satellite remote sensing.
Sec. 1608. National Security Council briefing on potential harmful
interference to Global Positioning System.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1611. Notification of certain threats to United States Armed
Forces by foreign governments.
Sec. 1612. Strategy and plan to implement certain defense intelligence
reforms.
Sec. 1613. Authority of Under Secretary of Defense for Intelligence and
Security to engage in fundraising for certain nonprofit
organizations.
Sec. 1614. Executive agent for explosive ordnance intelligence.
Sec. 1615. Inclusion of explosive ordnance intelligence in Defense
Intelligence Agency activities.
[[Page H4602]]
Subtitle C--Nuclear Forces
Sec. 1621. Exercises of nuclear command, control, and communications
system.
Sec. 1622. Independent review of nuclear command, control, and
communications system.
Sec. 1623. Review of safety, security, and reliability of nuclear
weapons and related systems.
Sec. 1624. Review of engineering and manufacturing development contract
for ground-based strategic deterrent program.
Sec. 1625. Long-range standoff weapon.
Sec. 1626. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1627. Limitation on availability of certain funds until submission
of information relating to proposed budget for nuclear-
armed sea-launched cruise missile.
Sec. 1628. Limitation on availability of certain funds until submission
of information relating to nuclear-armed sea-launched
cruise missile.
Sec. 1629. Annual certification on readiness of Minuteman III
intercontinental ballistic missiles.
Sec. 1630. Cost estimate to re-alert long-range bombers.
Sec. 1631. Notification regarding intercontinental ballistic missiles
of China.
Sec. 1632. Information regarding review of Minuteman III service life
extension program.
Sec. 1633. Sense of Congress regarding nuclear posture review.
Subtitle D--Missile Defense Programs
Sec. 1641. Directed energy programs for ballistic and hypersonic
missile defense.
Sec. 1642. Notification of changes to non-standard acquisition and
requirements processes and responsibilities of Missile
Defense Agency.
Sec. 1643. Missile defense radar in Hawaii.
Sec. 1644. Guam integrated air and missile defense system.
Sec. 1645. Limitation on availability of funds until receipt of certain
report on Guam.
Sec. 1646. Repeal of transition of ballistic missile defense programs
to military departments .
Sec. 1647. Certification required for Russia and China to tour certain
missile defense sites.
Sec. 1648. Sense of Congress on next generation interceptor program.
Subtitle E--Other Matters
Sec. 1651. Cooperative threat reduction funds.
Sec. 1652. Establishment of office to address unidentified aerial
phenomena.
Sec. 1653. Matters regarding Integrated Deterrence Review.
Sec. 1654. Sense of Congress on indemnification and the conventional
prompt global strike weapon system.
TITLE XVII--TECHNICAL AMENDMENTS RELATED TO THE TRANSFER AND
REORGANIZATION OF DEFENSE ACQUISITION STATUTES
Sec. 1701. Technical, conforming, and clerical amendments related to
the transfer and reorganization of defense acquisition
statutes.
Sec. 1702. Conforming cross reference technical amendments related to
the transfer and reorganization of defense acquisition
statutes.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authority to carry out certain fiscal year 2017
project.
Sec. 2105. Modification of authority to carry out certain fiscal year
2021 project.
Sec. 2106. Additional authorized funding source for certain fiscal year
2022 project.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Authorization of appropriations, Navy.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Extension of authority to carry out certain fiscal year 2017
projects.
Sec. 2305. Modification of authority to carry out military construction
projects at Tyndall Air Force Base, Florida.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 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 authority to carry out certain fiscal year 2017
project.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Republic of Poland funded construction projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 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 ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
Base Closure Account.
Sec. 2702. Conditions on closure of Pueblo Chemical Depot and Chemical
Agent-Destruction Pilot Plant, Colorado.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
Sec. 2801. Special construction authority to use operation and
maintenance funds to meet certain United States military-
related construction needs in friendly foreign countries.
Sec. 2802. Increase in maximum amount authorized for use of
unspecified minor military construction project
authority.
Sec. 2803. Increased transparency and public availability of
information regarding solicitation and award of
subcontracts under military construction contracts.
Sec. 2804. Public availability of information on Facilities
Sustainment, Restoration, and Modernization projects and
activities.
Sec. 2805. Limitations on authorized cost and scope of work variations.
Sec. 2806. Use of qualified apprentices by military construction
contractors.
Sec. 2807. Modification and extension of temporary, limited authority
to use operation and maintenance funds for construction
projects in certain areas outside the United States.
Subtitle B--Continuation of Military Housing Reforms
Sec. 2811. Applicability of window fall prevention requirements to all
military family housing whether privatized or Government-
owned and Government-controlled.
Sec. 2812. Modification of military housing to accommodate tenants with
disabilities.
Sec. 2813. Required investments in improving military unaccompanied
housing.
Sec. 2814. Improvement of Department of Defense child development
centers and increased availability of child care for
children of military personnel.
Subtitle C--Real Property and Facilities Administration
Sec. 2821. Secretary of the Navy authority to support development and
operation of National Museum of the United States Navy.
Sec. 2822. Expansion of Secretary of the Navy authority to lease and
license United States Navy museum facilities to generate
revenue to support museum administration and operations.
Sec. 2823. Department of Defense monitoring of real property ownership
and occupancy in vicinity of military installations to
identify foreign adversary ownership or occupancy.
Subtitle D--Military Facilities Master Plan Requirements
Sec. 2831. Cooperation with State and local governments in development
of master plans for major military installations.
Sec. 2832. Prompt completion of military installation resilience
component of master plans for at-risk major military
installations.
Sec. 2833. Congressional oversight of master plans for Army ammunition
plants guiding future infrastructure, facility, and
production equipment improvements.
[[Page H4603]]
Subtitle E--Matters Related to Unified Facilities Criteria and Military
Construction Planning and Design
Sec. 2841. Amendment of Unified Facilities Criteria to require
inclusion of private nursing and lactation space in
certain military construction projects.
Sec. 2842. Additional Department of Defense activities to improve
energy resiliency of military installations.
Sec. 2843. Consideration of anticipated increased share of electric
vehicles in Department of Defense vehicle fleet and owned
by members of the Armed Forces and Department employees.
Sec. 2844. Conditions on revision of Unified Facilities Criteria or
Unified Facilities Guide Specifications regarding use of
variable refrigerant flow systems.
Subtitle F--Land Conveyances
Sec. 2851. Modification of restrictions on use of former Navy property
conveyed to University of California, San Diego,
California.
Sec. 2852. Land conveyance, Joint Base Cape Cod, Bourne, Massachusetts.
Sec. 2853. Land conveyance, Rosecrans Air National Guard Base, Saint
Joseph, Missouri.
Sec. 2854. Land conveyance, Naval Air Station Oceana, Virginia Beach,
Virginia.
Subtitle G--Authorized Pilot Programs
Sec. 2861. Pilot program on increased use of mass timber in military
construction.
Sec. 2862. Pilot program on increased use of sustainable building
materials in military construction.
Sec. 2863. Pilot program on establishment of account for reimbursement
for use of testing facilities at installations of the
Department of the Air Force.
Sec. 2864. Pilot program to expedite 5G telecommunications on military
installations through deployment of telecommunications
infrastructure.
Subtitle H--Asia-Pacific and Indo-Pacific Issues
Sec. 2871. Improved oversight of certain infrastructure services
provided by Naval Facilities Engineering Systems Command
Pacific.
Subtitle I--Miscellaneous Studies and Reports
Sec. 2881. Identification of organic industrial base gaps and
vulnerabilities related to climate change and defensive
cybersecurity capabilities.
Subtitle J--Other Matters
Sec. 2891. Clarification of installation and maintenance requirements
regarding fire extinguishers in Department of Defense
facilities.
TITLE XXIX--ADDITIONAL MILITARY CONSTRUCTION PROJECTS RELATED TO
SCIENCE, TECHNOLOGY, TEST, AND EVALUATION
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorization of appropriations.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, Limitations, and
Other Matters
Sec. 3111. Improvements to annual reports on condition of the United
States nuclear weapons stockpile.
Sec. 3112. Modifications to certain reporting requirements.
Sec. 3113. Plutonium pit production capacity.
Sec. 3114. Report on Runit Dome and related hazards.
Sec. 3115. University-based nuclear nonproliferation collaboration
program.
Sec. 3116. Prohibition on availability of funds to reconvert or retire
W76-2 warheads.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Technical amendments regarding Chair and Vice Chair of
Defense Nuclear Facilities Safety Board.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Maritime Administration.
Subtitle B--Other Matters
Sec. 3511. Effective period for issuance of documentation for
recreational vessels.
Sec. 3512. America's marine highway program.
Sec. 3513. Committees on maritime matters.
Sec. 3514. Port Infrastructure Development Program.
Sec. 3515. Uses of emerging marine technologies and practices.
Sec. 3516. Prohibition on participation of long term charters in Tanker
Security Fleet.
Sec. 3517. Coastwise endorsement.
Sec. 3518. Report on efforts of combatant commands to combat threats
posed by illegal, unreported, and unregulated fishing.
Sec. 3519. Coast Guard yard improvement.
Sec. 3520. Authorization to purchase duplicate medals.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
DIVISION E--NON-DEPARTMENT OF DEFENSE MATTERS
TITLE L--BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION
MODERNIZATION ACT
Sec. 5001. Short title.
Sec. 5002. Clarifying amendments to definitions.
Sec. 5003. Barry Goldwater Scholarship and Excellence in Education
Awards.
Sec. 5004. Stipends.
Sec. 5005. Scholarship and research internship conditions.
Sec. 5006. Sustainable investments of funds.
Sec. 5007. Administrative provisions.
TITLE LI--FINANCIAL SERVICES MATTERS
Sec. 5101. Enhanced protection against debt collector harassment of
servicemembers.
Sec. 5102. Comptroller General study on enhanced protection against
debt collector harassment of servicemembers.
Sec. 5103. Support to enhance the capacity of International Monetary
Fund members to evaluate the legal and financial terms of
sovereign debt contracts.
Sec. 5104. Adverse information in cases of trafficking.
Sec. 5105. United States policy regarding international financial
institution assistance with respect to advanced wireless
technologies.
TITLE LII--RECOMMENDATIONS OF THE NATIONAL SECURITY COMMISSION ON
ARTIFICIAL INTELLIGENCE
Sec. 5201. Modification of National Defense Science and Technology
Strategy.
Sec. 5202. Department of Defense plan to compete in the global
information environment.
Sec. 5203. Resourcing plan for digital ecosystem.
Sec. 5204. Digital Talent recruiting officer.
Sec. 5205. Occupational series for digital career fields.
Sec. 5206. Artificial intelligence readiness goals.
Sec. 5207. Pilot program to facilitate the agile acquisition of
technologies for warfighters.
Sec. 5208. Short course on emerging technologies for senior civilian
leaders.
TITLE LIII--GREAT LAKES WINTER SHIPPING
Sec. 5301. Great Lakes winter shipping.
TITLE LX--OTHER MATTERS
Sec. 6001. FAA rating of civilian pilots of the Department of Defense.
Sec. 6002. Property disposition for affordable housing.
Sec. 6003. Requirement to establish a national network for
microelectronics research and development.
Sec. 6004. Definition of State for purposes of Omnibus Crime Control
and Safe Streets Act of 1968.
Sec. 6005. Advancing Mutual Interests and Growing Our Success.
Sec. 6006. Department of Veterans Affairs Governors Challenge grant
program.
Sec. 6007. Foreign Corruption Accountability.
Sec. 6008. Justice for Victims of Kleptocracy.
Sec. 6009. Expansion of scope of Department of Veterans Affairs open
burn pit registry to include open burn pits in Egypt and
Syria.
Sec. 6010. Extension of period of eligibility by reason of school
closures due to emergency and other situations under
Department of Veterans Affairs training and
rehabilitation program for veterans with service-
connected disabilities.
Sec. 6011. Extension of time limitation for use of entitlement under
Department of Veterans Affairs educational assistance
programs by reason of school closures due to emergency
and other situations.
Sec. 6012. Exemption of certain Homeland Security fees for certain
immediate relatives of an individual who received the
Purple Heart.
[[Page H4604]]
SEC. 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.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2022 for procurement for the Army, the Navy and the
Marine Corps, the Air Force and the Space Force, and Defense-
wide activities, as specified in the funding table in section
4101.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR AH-64E APACHE
HELICOPTERS.
(a) Authority for Multiyear Procurement.--Subject to
section 2306b of title 10, United States Code, the Secretary
of the Army may enter into one or more multiyear contracts,
beginning with the fiscal year 2022 program year, for the
procurement of AH-64E Apache helicopters.
(b) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2022 is subject
to the availability of appropriations for that purpose for
such later fiscal year.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR UH-60M AND HH-
60M BLACK HAWK HELICOPTERS.
(a) Authority for Multiyear Procurement.--Subject to
section 2306b of title 10, United States Code, the Secretary
of the Army may enter into one or more multiyear contracts,
beginning with the fiscal year 2022 program year, for the
procurement of UH-60M and HH-60M Black Hawk helicopters.
(b) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2022 is subject
to the availability of appropriations for that purpose for
such later fiscal year.
SEC. 113. CONTINUATION OF SOLDIER ENHANCEMENT PROGRAM.
(a) Requirement to Continue Program.--The Secretary of the
Army, acting through the Assistant Secretary of the Army for
Acquisition, Logistics, and Technology in accordance with
subsection (b), shall continue to carry out the Soldier
Enhancement Program established pursuant to section 203 of
the National Defense Authorization Act for Fiscal Years 1990
and 1991 (Public Law 101-189; 103 Sat. 1394).
(b) Responsible Official.--The Secretary of the Army shall
designate the Assistant Secretary of the Army for
Acquisition, Logistics, and Technology as the official in the
Department of the Army with principal responsibility for the
management of the Soldier Enhancement Program under
subsection (a).
(c) Duties.--The duties of the Soldier Enhancement Program
shall include the identification, research, development,
test, and evaluation of commercially available off-the-shelf
items (as defined in section 104 of title 41, United States
Code) and software applications to accelerate the efforts of
the Army to integrate, modernize, and enhance weapons and
equipment for use by Army soldiers, including--
(1) lighter, more lethal weapons; and
(2) support equipment, including lighter, more comfortable
load-bearing equipment, field gear, combat clothing,
survivability items, communications equipment, navigational
aids, night vision devices, tactical power, sensors, and
lasers.
SEC. 114. STRATEGY FOR THE PROCUREMENT OF ACCESSORIES FOR THE
NEXT GENERATION SQUAD WEAPON.
(a) Strategy Required.--The Secretary of the Army shall
develop and implement a strategy to identify, test, qualify,
and procure, on a competitive basis, accessories for the next
generation squad weapon of the Army, including magazines and
other components that could affect the performance of such
weapon.
(b) Market Survey and Qualification Activities.--
(1) Initial market survey.--Not later than one year after a
decision is made to enter into full-rate production for the
next generation squad weapon, the Secretary of the Army shall
conduct a market survey to identify accessories for such
weapon, including magazines and other components, that could
affect the weapon's performance.
(2) Qualification activities.--After completing the market
survey under paragraph (1), the Secretary of the Army may
compete, select, procure, and conduct tests of such
components to qualify such components for purchase and use. A
decision to qualify such components shall be based on
established technical standards for operational safety and
weapon effectiveness.
(c) Information to Congress.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of the
Army shall provide to the congressional defense committees a
briefing or a report on--
(1) the strategy developed and implemented by the Secretary
under subsection (a); and
(2) the results of the market survey and qualification
activities under subsection (b).
Subtitle C--Navy Programs
SEC. 121. EXTENSION OF PROCUREMENT AUTHORITY FOR CERTAIN
AMPHIBIOUS SHIPBUILDING PROGRAMS.
Section 124(a)(1) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) is amended by striking ``fiscal year
2021'' and inserting ``fiscal years 2021 and 2022''.
SEC. 122. INCLUSION OF BASIC AND FUNCTIONAL DESIGN IN
ASSESSMENTS REQUIRED PRIOR TO START OF
CONSTRUCTION ON FIRST SHIP OF A SHIPBUILDING
PROGRAM.
Section 124 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 28; 10 U.S.C.
8661 note) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``Concurrent with approving the start of construction of the
first ship for any major shipbuilding program, the Secretary
of the Navy shall'' and inserting ``The Secretary of the Navy
may not enter into a contract for the construction of the
first ship for any major shipbuilding program until a period
of 30 days has elapsed following the date on which the
Secretary'';
(B) in paragraph (1)--
(i) by striking ``submit'' and inserting ``submits''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (2)--
(i) by striking ``certify'' and inserting ``certifies'';
and
(ii) by striking the period at the end and inserting ``;
and''; and
(D) by adding at the end the following new paragraph:
``(3) certifies to the congressional defense committees
that the basic and functional design of the vessel is
complete.''; and
(2) in subsection (d), by adding at the end the following
new paragraph:
``(5) Basic and functional design.--The term `basic and
functional design', when used with respect to a vessel, means
design through computer-aided models, that--
``(A) fixes the hull structure of the vessel;
``(B) sets the hydrodynamics of the vessel;
``(C) routes all major distributive systems of the vessel,
including electricity, water, and other utilities; and
``(D) identifies the exact positioning of piping and other
outfitting within each block of the vessel.''.
SEC. 123. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH BURKE
CLASS DESTROYERS.
(a) Authority for Multiyear Procurement.--Subject to
section 2306b of title 10, United States Code, the Secretary
of the Navy may enter into one or more multiyear contracts
for the procurement of up to 15 Arleigh Burke class Flight
III guided missile destroyers.
(b) Authority for Advance Procurement.--The Secretary of
the Navy may enter into one or more contracts, beginning in
fiscal year 2023, for advance procurement associated with the
destroyers for which authorization to enter into a multiyear
procurement contract is provided under subsection (a), and
for systems and subsystems associated with such destroyers in
economic order quantities when cost savings are achievable.
(c) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2023 is subject
to the availability of appropriations or funds for that
purpose for such later fiscal year.
(d) Limitation.--The Secretary of the Navy may not modify a
contract entered into under subsection (a) if the
modification would increase the target price of the destroyer
by more than 10 percent above the target price specified in
the original contract awarded for the destroyer under
subsection (a).
SEC. 124. INCORPORATION OF ADVANCED DEGAUSSING SYSTEMS INTO
DDG-51 CLASS DESTROYERS.
(a) In General.--The Secretary of the Navy shall ensure
that an advanced degaussing system is incorporated into any
DDG-51 class destroyer procured pursuant to a covered
contract.
(b) Covered Contract Defined.--In this section, the term
``covered contract'' means a multiyear contract for the
procurement of a DDG-51 destroyer that is entered into by the
Secretary of the Navy on or after the date of the enactment
of this Act.
Subtitle D--Air Force Programs
SEC. 131. CONTRACT FOR LOGISTICS SUPPORT FOR VC-25B AIRCRAFT.
Section 143 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1668) is amended--
(1) in paragraph (1), by striking ``, unless otherwise
approved in accordance with established procedures''; and
(2) in paragraph (2), by inserting ``such'' before
``logistics support contract''.
SEC. 132. LIMITATION ON AVAILABILITY OF FUNDS FOR THE B-52
COMMERCIAL ENGINE REPLACEMENT PROGRAM.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2022 for the research and development, design,
procurement, or advanced procurement of materials for the B-
52 Commercial Engine Replacement Program may be obligated or
expended until the date on which the Secretary of Defense
submits to the congressional defense committees the report
described in section 2432 of title 10, United States Code,
for the most recently concluded fiscal quarter for the B-52
Commercial Engine Replacement Program in accordance with
subsection (b)(1).
(b) Additional Requirements.--
(1) Treatment of baseline estimate.--The Secretary of
Defense shall deem the Baseline Estimate for the B-52
Commercial Engine Replacement Program for fiscal year 2018 as
the original Baseline Estimate for the Program.
(2) Unit cost reports and critical cost growth.--
(A) Subject to subparagraph (B), the Secretary shall carry
out sections 2433 and 2433a of title 10, United States Code,
with respect to the B-52 Commercial Engine Replacement
Program,
[[Page H4605]]
as if the Department had submitted a Selected Acquisition
Report for the Program that included the Baseline Estimate
for the Program for fiscal year 2018 as the original Baseline
Estimate, except that the Secretary shall not carry out
subparagraph (B) or subparagraph (C) of section 2433a(c)(1)
of such title with respect to the Program.
(B) In carrying out the review required by section 2433a of
such title, the Secretary shall not enter into a transaction
under section 2371 or 2371b of such title, exercise an option
under such a transaction, or otherwise extend such a
transaction with respect to the B-52 Commercial Engine
Replacement Program except to the extent determined necessary
by the milestone decision authority, on a non-delegable
basis, to ensure that the program can be restructured as
intended by the Secretary without unnecessarily wasting
resources.
(c) Definitions.--In this section:
(1) The term ``Baseline Estimate'' has the meaning given
the term in section 2433(a)(2) of title 10, United States
Code.
(2) The term ``milestone decision authority'' has the
meaning given the term in section 2366b(g)(3) of title 10,
United States Code.
(3) The term ``original Baseline Estimate'' has the meaning
given the term in section 2435(d)(1) of title 10, United
States Code.
(4) The term ``Selected Acquisition Report'' means a
Selected Acquisition Report submitted to Congress under
section 2432 of title 10, United States Code.
SEC. 133. INVENTORY REQUIREMENTS AND LIMITATIONS RELATING TO
CERTAIN AIR REFUELING TANKER AIRCRAFT.
(a) Minimum Inventory Requirements for KC-10A Aircraft.--
(1) Fiscal year 2022.--During the period beginning on
October 1, 2021, and ending on October 1, 2022, the Secretary
of the Air Force shall, except as provided in paragraph (3),
maintain a minimum of 36 KC-10A aircraft designated as
primary mission aircraft inventory.
(2) Fiscal year 2023.--During the period beginning on
October 1, 2022, and ending on October 1, 2023, the Secretary
of the Air Force shall, except as provided in paragraph (3),
maintain a minimum of 24 KC-10A aircraft designated as
primary mission aircraft inventory.
(3) Exception.--The requirements of paragraphs (1) and (2)
shall not apply to individual KC-10A aircraft that the
Secretary of the Air Force determines, on a case-by-case
basis, to be no longer mission capable because of mishaps,
other damage, or being uneconomical to repair.
(b) Limitation on Retirement of KC-135 Aircraft.--
(1) Limitation.--Except as provided in paragraph (2), the
Secretary of the Air Force may not retire more than 18 KC-135
aircraft during the period beginning on the date of the
enactment of this Act and ending on October 1, 2023.
(2) Exception.--The limitation in paragraph (1) shall not
apply to individual KC-135 aircraft that the Secretary of the
Air Force determines, on a case-by-case basis, to be no
longer mission capable because of mishaps, other damage, or
being uneconomical to repair.
(c) Prohibition on Reduction of KC-135 Aircraft in PMAI of
the Reserve Components.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2022 for the Air Force may be obligated or
expended to reduce the number of KC-135 aircraft designated
as primary mission aircraft inventory within the reserve
components of the Air Force.
(d) Primary Mission Aircraft Inventory Defined.--In this
section, the term ``primary mission aircraft inventory'' has
the meaning given that term in section 9062(i)(2)(B) of title
10, United States Code.
SEC. 134. MINIMUM INVENTORY OF TACTICAL AIRLIFT AIRCRAFT AND
LIMITATION ON MODIFICATION OF AIR NATIONAL
GUARD TACTICAL AIRLIFT FLYING MISSIONS.
(a) Minimum Inventory Requirement.--During the period
beginning on October 1, 2021, and ending on October 1, 2026,
the Secretary of the Air Force shall maintain a total
inventory of tactical airlift aircraft of not less than 279
aircraft.
(b) Exception.--The Secretary of the Air Force may reduce
the number of tactical airlift aircraft in the Air Force
below the minimum number specified in subsection (a) if the
Secretary determines, on a case-by-case basis, that an
aircraft is no longer mission capable because of a mishap or
other damage.
(c) Limitation on Modification of Air National Guard
Tactical Airlift Flying Missions.--The Secretary of the Air
Force may not modify the flying mission of a tactical airlift
unit of the Air National Guard unless--
(1) the Secretary and the Governor of the State concerned
agree, in writing, to such modification; and
(2) the Secretary submits to the congressional defense
committees a copy of such agreement together with an
explanation of the reasons for such modification.
SEC. 135. PROCUREMENT AUTHORITY FOR CERTAIN PARTS OF THE
GROUND-BASED STRATEGIC DETERRENT CRYPTOGRAPHIC
DEVICE.
(a) In General.--The Secretary of the Air Force may enter
into contracts for the life-of-type procurement of covered
parts supporting the KS-75 cryptographic device under the
Ground Based Strategic Deterrent program.
(b) Covered Parts Defined.--In this section the term
``covered parts'' means commercially available off-the-shelf
items as defined in section 104 of title 41, United States
Code.
(c) Availability of Funds.--Notwithstanding section 1502(a)
of title 31, United States Code, of the amount authorized to
be appropriated for fiscal year 2022 by section 101 and
available for missile procurement, Air Force, as specified in
the corresponding funding table in section 4101, $10,900,000
shall be available for the procurement of covered parts
pursuant to contracts entered into under subsection (a).
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 141. IMPLEMENTATION OF AFFORDABILITY, OPERATIONAL, AND
SUSTAINMENT COST CONSTRAINTS FOR THE F-35
AIRCRAFT PROGRAM.
(a) F-35A Quantity Limit for the Air Force.--
(1) Limitation.--Beginning on October 1, 2028, the total
number of F-35A aircraft that the Secretary of the Air Force
may maintain in the aircraft inventory of the Air Force may
not exceed the lesser of--
(A) 1,763; or
(B) the number obtained by--
(i) multiplying 1,763 by the cost-per-tail factor
determined under paragraph (2); and
(ii) rounding the product of the calculation under clause
(i) to the nearest whole number.
(2) Cost-per-tail factor.--For purposes of paragraph
(1)(B), the cost-per-tail factor is equal to--
(A) 4,100,000, divided by
(B) a number equal to the average cost-per-tail-per-year of
the F-35A aircraft of the Air Force during fiscal year 2027
(as determined by the Secretary of the Air Force in
accordance with subsection (e)).
(b) F-35B Quantity Limit for the Marine Corps.--
(1) Limitation.--Beginning on October 1, 2028, the total
number of F-35B aircraft that the Secretary of the Navy may
maintain in the aircraft inventory of the Marine Corps may
not exceed the lesser of--
(A) 353; or
(B) the number obtained by--
(i) multiplying 353 by the cost-per-tail factor determined
under paragraph (2); and
(ii) rounding the product of the calculation under clause
(i) to the nearest whole number.
(2) Cost-per-tail factor.--For purposes of paragraph
(1)(B), the cost-per-tail factor is equal to--
(A) 6,800,000, divided by
(B) a number equal to the average cost-per-tail-per-year of
the F-35B aircraft of the Marine Corps during fiscal year
2027 (as determined by the Secretary of the Navy in
accordance with subsection (e)).
(c) F-35C Quantity Limit for the Navy.--
(1) Limitation.--Beginning on October 1, 2028, the total
number of F-35C aircraft that the Secretary of the Navy may
maintain in the aircraft inventory of the Navy may not exceed
the lesser of--
(A) 273; or
(B) the number obtained by--
(i) multiplying 273 by the cost-per-tail factor determined
under paragraph (2); and
(ii) rounding the product of the calculation under clause
(i) to the nearest whole number.
(2) Cost-per-tail factor.--For purposes of paragraph
(1)(B), the cost-per-tail factor is equal to--
(A) 7,500,000, divided by
(B) a number equal to the average cost-per-tail-per-year of
the F-35C aircraft of the Navy during fiscal year 2027 (as
determined by the Secretary of the Navy in accordance with
subsection (e)).
(d) F-35C Quantity Limit for the Marine Corps.--
(1) Limitation.--Beginning on October 1, 2028, the total
number of F-35C aircraft that the Secretary of the Navy may
maintain in the aircraft inventory of the Marine Corps may
not exceed the lesser of--
(A) 67; or
(B) the number obtained by--
(i) multiplying 67 by the cost-per-tail factor determined
under paragraph (2); and
(ii) rounding the product of the calculation under clause
(i) to the nearest whole number.
(2) Cost-per-tail factor.--For purposes of paragraph
(1)(B), the cost-per-tail factor is equal to--
(A) 6,800,000, divided by
(B) a number equal to the average cost-per-tail-per-year of
the F-35C aircraft of the Marine Corps during fiscal year
2027 (as determined by the Secretary of the Navy in
accordance with subsection (e)).
(e) Determination of Cost-per-tail-per-year for Fiscal Year
2027.----
(1) In general.--Not later than 90 days after the end of
fiscal year 2027--
(A) the Secretary of the Air Force shall determine the
average cost-per-tail of the F-35A aircraft of the Air Force
during fiscal year 2027; and
(B) the Secretary of the Navy shall determine the average
cost-per-tail of--
(i) the F-35B aircraft of the Marine Corps during such
fiscal year;
(ii) the F-35C aircraft of the Navy during such fiscal
year; and
(iii) the F-35C aircraft of the Marine Corps during such
fiscal year.
(2) Calculation.--For purposes of paragraph (1), the
average cost-per-tail of a variant of an F-35 aircraft of an
Armed Force shall be determined by--
(A) adding the total amount expended for fiscal year 2027
(in base year fiscal 2012 dollars) for all such aircraft in
the inventory of the Armed Force for--
(i) unit level manpower;
(ii) unit operations;
(iii) maintenance;
(iv) sustaining support;
(v) continuing system support; and
(vi) modifications; and
(B) dividing the sum obtained under subparagraph (A) by the
average number of such aircraft in the inventory of the Armed
Force during such fiscal year.
[[Page H4606]]
(f) Waiver Authority.--The Secretary of Defense may waive
the quantity limits under any of subsections (a) through (d)
if, prior to issuing such a waiver, the Secretary certifies
to the congressional defense committees that procuring
additional quantities of a variant of an F-35 aircraft above
the applicable quantity limit are required to meet the
national military strategy requirements of the combatant
commanders. The authority of the Secretary under this
subsection may not be delegated.
(g) Aircraft Defined.--In this section, the term
``aircraft'' means aircraft owned and operated by an Armed
Force of the United States and does not include aircraft
owned or operated by an armed force of a foreign country.
SEC. 142. LIMITATION ON AVAILABILITY OF FUNDS FOR AIRCRAFT
SYSTEMS FOR THE ARMED OVERWATCH PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2022
for the Department of Defense for the procurement of aircraft
systems for the armed overwatch program of the United States
Special Operations Command, not more than 50 percent may be
obligated or expended until the date on which the
documentation described in subsection (b) is submitted to the
congressional defense committees.
(b) Documentation Described.--The documentation described
in this subsection is the airborne intelligence,
surveillance, and reconnaissance acquisition roadmap for the
United States Special Operations Command required to be
submitted to the congressional defense committees under
section 165 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283).
(c) Requirement to Maintain Capabilities.--Until such time
as the Secretary of Defense identifies a suitable replacement
for the U-28 aircraft, the Secretary shall maintain the U-28
aircraft platform to provide necessary capabilities to
sustain operations to meet the operational intelligence,
surveillance, and reconnaissance requirements of combatant
commanders.
SEC. 143. MAJOR WEAPON SYSTEMS CAPABILITY ASSESSMENT PROCESS
AND PROCEDURE REVIEW AND REPORT.
(a) Review.--The Secretary of Defense shall review, and
modify as appropriate, the processes of the Department for
the management of strategic risk with respect to capabilities
of major weapon systems, including the processes for--
(1) ensuring the suitability of major weapon systems to
address current and emerging military threats; and
(2) identifying for upgrade or replacement any fielded
major weapon system that is not capable of effectively
meeting operational requirements.
(b) Report.--Not later than one year after the date of the
enactment of this section, the Secretary of Defense shall
submit to the congressional defense committees and the
Comptroller General of the United States a report containing
the following:
(1) A comprehensive description of the current policies and
processes of the Department of Defense for--
(A) assessing the effectiveness, and the costs, of fielded
major weapon systems in addressing the current, mid-term, and
long-term threats identified in the contingency plans of the
combatant commands;
(B) assessing tradeoffs, including in terms of resources,
funding, time, capabilities, and programmatic and operational
risk, between developing a new major weapon system compared
to--
(i) continued use of a fielded major weapon system; and
(ii) replacing a fielded major weapon system;
(C) developing strategies for the continued use or
replacement of fielded major weapon systems that ensure that
the capabilities of major weapon systems are viable and
resilient against evolving threats; and
(D) developing and implementing plans for the replacement
and divestment of fielded major weapon systems that manage
the related strategic risk.
(2) The key factors considered by the Secretary of Defense
when applying the policies and processes described in
paragraph (1).
(3) An assessment of the extent to which the policies and
processes described in paragraph (1) enable the Secretary of
Defense to--
(A) evaluate, at regular intervals, whether a major weapon
system--
(i) meets operational requirements; and
(ii) is capable of addressing emerging and evolving threats
identified in the National Defense Strategy;
(B) efficiently and effectively determine if a fielded
major weapon system should continue to be used or replaced
and divested and--
(i) with respect to a fielded major weapon system that
should continue to be used, how long such use should
continue; and
(ii) with respect to a fielded major weapon system that
should be replaced and divested--
(I) how long such replacement will take;
(II) the period over which such divestment should occur;
and
(III) the expected improvements in the effectiveness of the
replacement major weapon system to meet operational
requirements;
(C) effectively implement the determinations described in
subparagraph (B); and
(D) manage strategic risk relative to the effectiveness of
major weapon systems meeting operational requirements.
(4) An identification of the fielded major weapon systems
with respect to which the Secretary of Defense completed
replacement or divestment during the period beginning on
January 1, 2010, and ending on the date on which the report
is submitted under this subsection.
(5) An assessment of the processes involved in the
decisions of the Secretary of Defense to replace and divest
the fielded major weapon systems identified under paragraph
(4), including an assessment of the effectiveness in meeting
operational requirements and the timeliness of those
processes involved in making replacement decisions.
(6) An identification of any fielded major weapon systems
with respect to which, as of the date on which the report is
submitted under this subsection, the Secretary of Defense
plans to complete replacement or divestment not later than
December 31, 2035.
(7) An analysis of the plans of the Secretary of Defense
with respect to replacing or divesting the fielded major
weapon systems identified under paragraph (6), including--
(A) the rationale supporting such replacement or divestment
plans;
(B) any anticipated challenges to carrying out the
replacement or divestments; and
(C) a description of how the Secretary of Defense will
manage at an appropriate level the strategic risk relative to
the availability and effectiveness of the fielded major
weapons systems to be divested, including a description of
any risk mitigation plans.
(8) An identification of the major weapon system upgrade
efforts and the research, development, and acquisition
programs to replace fielded major weapon systems that the
Secretary of Defense--
(A) began after December 31, 2009; or
(B) as of the date on which the report is submitted under
this subsection, plans to begin not later than December 31,
2035.
(9) An assessment of how the replacement major weapon
systems from the programs identified under paragraph (8) will
meet current and future operational requirements in the
National Defense Strategy.
(c) Comptroller General Briefing and Report.--
(1) Assessments.--The Comptroller General of the United
States shall conduct a preliminary assessment and a detailed
assessment of the report required under subsection (b).
(2) Briefing.--Not later than 180 days after the date on
which the Secretary of Defense submits to the Comptroller
General the report required under subsection (b), the
Comptroller General shall brief the congressional defense
committees on the preliminary assessment of such report
required under paragraph (1).
(3) Report.--The Comptroller General shall submit to the
congressional defense committees a report on the findings of
the detailed assessment required under paragraph (1).
(d) Definitions.--In this section:
(1) The term ``National Defense Strategy'' means the
strategy required under section 113(g) of title 10, United
States Code.
(2) The term ``major weapon system'' has the meaning given
such term under section 2379(f) of title 10, United States
Code.
(3) The term ``strategic risk'' means a risk arising from
updating or replacing a major weapon system, or the decision
to not update or replace a major weapon system.
SEC. 144. REPORTS ON EXERCISE OF WAIVER AUTHORITY WITH
RESPECT TO CERTAIN AIRCRAFT EJECTION SEATS.
Not later than February 1, 2022, and on a semiannual basis
thereafter through February 1, 2024, the Secretary of the Air
Force and the Secretary of the Navy shall each submit to the
congressional defense committees a report that includes, with
respect to each location at which active flying operations
are conducted or planned as of the date report--
(1) the number of aircrew ejection seats installed in the
aircraft used, or expected to be used, at such location;
(2) of the ejection seats identified under paragraph (1),
the number that have been, or are expected to be, placed in
service subject to a waiver due to--
(A) deferred maintenance; or
(B) the inability to obtain parts to make repairs or to
fulfill time-compliance technical orders; and
(3) for each ejection seat subject to a waiver as described
in paragraph (2)--
(A) the date on which the waiver was issued; and
(B) the name and title of the official who authorized the
waiver.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2022 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. DUTIES AND REGIONAL ACTIVITIES OF THE DEFENSE
INNOVATION UNIT.
(a) Duties of DIU Joint Reserve Detachment.--Clause (ii) of
section 2358b(c)(2)(B) of title 10, United States Code, is
amended to read as follows:
``(ii) the technology requirements of the Department of
Defense, as identified in the most recent--
``(I) National Defense Strategy;
``(II) National Defense Science and Technology Strategy as
directed under section 218 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 1679); and
``(III) policy and guidance from the Under Secretary of
Defense for Research and Engineering and the Under Secretary
of Defense for Acquisition and Sustainment; and''.
(b) Regional Activities.--Subject to the availability of
appropriations for such purpose, the Secretary of Defense may
expand the efforts of the Defense Innovation Unit to engage
and collaborate with private-sector industry and communities
in various regions of the United States--
[[Page H4607]]
(1) to accelerate the adoption of commercially developed
advanced technology in the areas of manufacturing, space,
energy, materials, autonomy, and such other key technology
areas as may be identified by the Secretary; and
(2) to expand outreach to communities that do not otherwise
have a Defense Innovation Unit presence, including
economically disadvantaged communities.
SEC. 212. MODIFICATION OF MECHANISMS FOR EXPEDITED ACCESS TO
TECHNICAL TALENT AND EXPERTISE AT ACADEMIC
INSTITUTIONS TO SUPPORT DEPARTMENT OF DEFENSE
MISSIONS.
Section 217 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2358 note) is
amended--
(1) by amending subsection (c) to read as follows:
``(c) Consultation With Other Organizations.--For the
purposes of providing technical expertise and reducing costs
and duplicative efforts, the Secretary of Defense and the
Secretaries of the military departments shall work to ensure
and support the sharing of information on the research and
consulting that is being carried out across the Federal
Government in Department-wide shared information systems
including the Defense Technical Information Center.'';
(2) in subsection (e)--
(A) by redesignating paragraph (31) as paragraph (33); and
(B) by inserting after paragraph (30) the following new
paragraphs:
``(31) Nuclear science, security, and nonproliferation.
``(32) Chemical, biological, radiological, and nuclear
defense.''; and
(3) in subsection (g), by striking ``2026'' and inserting
``2028''.
SEC. 213. MODIFICATION OF MECHANISMS FOR EXPEDITED ACCESS TO
TECHNICAL TALENT AND EXPERTISE AT ACADEMIC
INSTITUTIONS.
Section 217(e) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2358
note), as amended by section 212 of this title, is further
amended--
(1) by redesignating paragraph (33) as paragraph (34); and
(2) by inserting after paragraph (32) the following new
paragraph:
``(33) Spectrum activities.''.
SEC. 214. MINORITY INSTITUTE FOR DEFENSE RESEARCH.
(a) Plan to Establish Minority Institute for Defense
Research.--
(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Secretary shall submit to
the congressional defense committees a plan (in this section
referred to as the ``Plan'') for the establishment of the
Minority Institute for Defense Research (in this section
referred to as the ``Consortium'').
(2) Elements.--The Plan shall include the following:
(A) Information relating to the projected needs of the
Department for the next twenty years with respect to
essential engineering, research, or development capability.
(B) An assessment relating to the engineering, research,
and development capability of each minority institution.
(C) Information relating to the advancements and
investments necessary to elevate a minority institution or a
consortium of minority institutions to the research capacity
of a University Affiliated Research Center.
(D) Recommendations relating to actions that may be taken
by the Department, Congress, and minority institutions to
establish the Consortium within 10 years.
(3) Publicly available.--The Plan shall be posted on a
publicly available website of the Department.
(b) Naming of the Consortium.--With respect to the naming
of the Consortium, the Secretary shall--
(1) establish a process to solicit and review proposals of
names from--
(A) minority institutions;
(B) nonprofit institutions that advocate on behalf of
minority institutions; and
(C) members of the public;
(2) develop a list of all names received pursuant to
paragraph (1);
(3) provide opportunity for public comment on the names
included on such list; and
(4) choose a name from such list to name the Consortium.
(c) Grant Program for Minority Institutions.--
(1) In general.--The Secretary may establish a program to
award grants, on a competitive basis, to minority
institutions for the purposes described in paragraph (2).
(2) Purposes.--The purposes described in this paragraph are
the following:
(A) Establishing a legal entity for the purpose of entering
into research contracts or agreements with the Federal
Government or the Consortium.
(B) Developing the capability to bid on Federal Government
or Consortium contracts.
(C) Requesting technical assistance from the Federal
Government or a private entity with respect to contracting
with the Federal Government or the Consortium.
(D) Recruiting and retaining research faculty.
(E) Advancing research capabilities relating to the
national security of the United States.
(F) Any other matter determined appropriate by the
Secretary.
(3) Application.--To be eligible to receive a grant under
this section, a minority institution shall submit to the
Secretary an application in such form, and containing such
information, as the Secretary may require.
(4) Preference.--In awarding grants pursuant to paragraph
(1), the Secretary may give preference to a minority
institution with a R1 or R2 status on the Carnegie
Classification of Institutions of Higher Education.
(d) Subcontracting Requirements for Minority
Institutions.--
(1) In general.--Section 2304 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(m)(1) The head of an agency shall require that a
contract awarded to Department of Defense Federally Funded
Research and Development Center or University Affiliated
Research Center includes a requirement to establish a
partnership to develop the capacity of minority institutions
to address the research and development needs of the
Department. Such partnerships shall be through a subcontract
with one or more minority institutions for a total amount of
not less than 5 percent of the amount awarded in the
contract.
``(2) For the purposes of this subsection, a minority
institution means--
``(A) a part B institution (as such term is defined in
section 322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2))); or
``(B) any other institution of higher education (as such
term is defined in section 101 of such Act (20 U.S.C. 1001))
at which not less than 50 percent of the total student
enrollment consists of students from ethnic groups that are
underrepresented in the fields of science and engineering.''.
(2) Effective date.--The amendments made by paragraph (1)
shall--
(A) take effect on October 1, 2026; and
(B) apply with respect to funds that are awarded by the
Department of Defense on or after such date.
(e) Definitions.--In this section:
(1) The term ``Department'' means the Department of
Defense.
(2) The term ``institution of higher education'' has the
meaning given such term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(3) The term ``minority institution'' means--
(A) a part B institution (as such term is defined in
section 322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2))); or
(B) any institution of higher education at which not less
than 50 percent of the total student enrollment consists of
students from ethnic groups that are underrepresented in the
fields of science and engineering.
(4) The term ``Secretary'' means the Secretary of Defense.
(5) The term ``University Affiliated Research Center''
means a research organization within an institution of higher
education that--
(A) provides or maintains Department essential engineering,
research, or development capabilities; and
(B) receives sole source contract funding from the
Department pursuant to section 2304(c)(3)(B) of title 10,
United States Code.
SEC. 215. TEST PROGRAM FOR ENGINEERING PLANT OF DDG(X)
DESTROYER VESSELS.
(a) Test Program Required.--During the detailed design
period and prior to the construction start date of the lead
ship in the DDG(X) destroyer class of vessels, the Secretary
of the Navy shall commence a land-based test program for the
engineering plant of such class of vessels.
(b) Administration.--The test program required by
subsection (a) shall be administered by the Senior Technical
Authority for the DDG(X) destroyer class of vessels.
(c) Elements.--The test program required by subsection (a)
shall include, at a minimum, testing of the following
equipment in vessel-representative form:
(1) Main reduction gear.
(2) Electrical propulsion motors.
(3) Other propulsion drive train components.
(4) Main propulsion system.
(5) Auxiliary propulsion unit.
(6) Electrical generation and distribution systems.
(7) Shipboard control systems.
(8) Power control modules.
(d) Test Objectives.--The test program required by
subsection (a) shall include, at a minimum, the following
test objectives demonstrated across the full range of
engineering plant operations for the DDG(X) destroyer class
of vessels:
(1) Test of the full propulsion drive train.
(2) Test and facilitation of machinery control systems
integration.
(3) Simulation of the full range of electrical demands to
enable the investigation of load dynamics between the hull,
mechanical and electrical equipment, the combat system, and
auxiliary equipment.
(e) Completion Date.--The Secretary of the Navy shall
complete the test program required by subsection (a) by not
later than the delivery date of the lead ship in the DDG(X)
destroyer class of vessels.
(f) Definitions.--In this section:
(1) Delivery date.--The term ``delivery date'' has the
meaning given that term in section 8671 of title 10, United
States Code.
(2) Senior technical authority.--The term ``Senior
Technical Authority'' means the official designated as the
Senior Technical Authority for the DDG(X) destroyer class of
vessels pursuant to section 8669b of title 10, United States
Code.
SEC. 216. CONSORTIUM TO STUDY IRREGULAR WARFARE.
(a) Establishment.--The Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering, shall establish a research consortium of
institutions of higher education to study irregular warfare
and the responses to irregular threats.
(b) Purposes.--The purposes of the consortium under
subsection (a) are as follows:
(1) To shape the formulation and application of policy
through the conduct of research and analysis regarding
irregular warfare.
[[Page H4608]]
(2) To maintain open-source databases on issues relevant to
understanding terrorism, irregular threats, and social and
environmental change.
(3) To serve as a repository for datasets regarding
research on security, social change, and irregular threats
developed by institutions of higher education that receive
Federal funding.
(4) To support basic research in social science on emerging
threats and stability dynamics relevant to irregular threat
problem sets.
(5) To transition promising basic research--
(A) to higher stages of research and development, and
(B) into operational capabilities, as appropriate, by
supporting applied research and developing tools to counter
irregular threats.
(6) To facilitate the collaboration of research centers of
excellence relating to irregular threats to better distribute
expertise to specific issues and scenarios regarding such
threats.
(7) To enhance educational outreach and teaching at
professional military education schools to improve--
(A) the understanding of irregular threats; and
(B) the integration of data-based responses to such
threats.
(8) To support classified research when necessary in
appropriately controlled physical spaces.
(c) Coordination.--The Under Secretary of Defense for
Research and Engineering shall coordinate activities
conducted under this section with the Commander of the United
States Special Operations Command.
(d) Partnerships.--The Under Secretary of Defense for
Research and Engineering shall encourage partnerships between
the consortium and university-affiliated research centers and
other research institutions.
(e) Institution of Higher Education Defined.--In this
section, the term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
SEC. 217. DEVELOPMENT AND IMPLEMENTATION OF DIGITAL
TECHNOLOGIES FOR SURVIVABILITY AND LETHALITY
TESTING.
(a) Expansion of Survivability and Lethality Testing.--
(1) In general.--The Secretary, in coordination with
covered officials, shall--
(A) expand the survivability and lethality testing of
covered systems to include testing against non-kinetic
threats; and
(B) develop digital technologies to test such systems
against such threats throughout the life cycle of each such
system.
(2) Development of digital technologies for live fire
testing.--
(A) In general.--The Secretary, in coordination with
covered officials, shall develop--
(i) digital technologies to enable the modeling and
simulation of the live fire testing required under section
2366 of title 10, United States Code; and
(ii) a process to use data from physical live fire testing
to inform and refine the digital technologies described in
clause (i).
(B) Objectives.--In carrying out subparagraph (A), the
Secretary shall seek to achieve the following objectives:
(i) Enable assessments of full spectrum survivability and
lethality of each covered system with respect to kinetic and
non-kinetic threats.
(ii) Inform the development and refinement of digital
technology to test and improve covered systems.
(iii) Enable survivability and lethality assessments of the
warfighting capabilities of a covered system with respect
to--
(I) communications;
(II) firepower;
(III) mobility;
(IV) catastrophic survivability; and
(V) lethality.
(C) Demonstration activities.--
(i) In general.--The Secretary, acting through the
Director, shall carry out activities to demonstrate the
digital technologies for full spectrum survivability testing
developed under subparagraph (A).
(ii) Program selection.--The Secretary shall assess and
select not fewer than three and not more than ten programs of
the Department to participate in the demonstration activities
required under clause (i).
(iii) Armed forces programs.--Of the programs selected
pursuant to clause (ii), the Director shall select--
(I) at least one such program from the Army;
(II) at least one such program from the Navy or the Marine
Corps; and
(III) at least one such program from the Air Force or the
Space Force.
(3) Regular survivability and lethality testing throughout
life cycle.--
(A) In general.--The Secretary, in coordination with
covered officials, shall--
(i) develop a process to regularly test through the use of
digital technologies the survivability and lethality of each
covered system against kinetic and non-kinetic threats
throughout the life cycle of such system as threats evolve;
and
(ii) establish guidance for such testing.
(B) Elements.--In carrying out subparagraph (A), the
Secretary shall determine the following:
(i) When to deploy digital technologies to provide timely
and up-to-date insights with respect to covered systems
without unduly delaying fielding of capabilities.
(ii) The situations in which it may be necessary to develop
and use digital technologies to assess legacy fleet
vulnerabilities.
(b) Reports and Briefing.--
(1) Assessment and selection of programs.--Not later than
180 days after the date of the enactment of this Act, the
Secretary shall submit to the congressional defense
committees a report that identifies the programs selected to
participate in the demonstration activities under subsection
(a)(2)(C).
(2) Modernization and digitization report.--
(A) In general.--Not later than March 15, 2023, the
Director shall submit to the congressional defense committees
a report that includes--
(i) an assessment of the progress of the Secretary in
carrying out subsection (a);
(ii) an assessment of each of the demonstration activities
carried out under subsection (a)(2)(C), including a
comparison of--
(I) the risks, benefits, and costs of using digital
technologies for live fire testing and evaluation; and
(II) the risks, benefits, and costs of traditional physical
live fire testing approaches that--
(aa) are not supported by digital technologies;
(bb) do not include testing against non-kinetic threats;
and
(cc) do not include full spectrum survivability.
(iii) an explanation of--
(I) how real-world operational and digital survivability
and lethality testing data will be used to inform and enhance
digital technology;
(II) the contribution of such data to the digital
modernization efforts required under section 836 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283); and
(III) the contribution of such data to the decision-support
processes for managing and overseeing acquisition programs of
the Department;
(iv) an assessment of the ability of the Department to
perform full spectrum survivability and lethality testing of
each covered system with respect to kinetic and non-kinetic
threats;
(v) an assessment of the processes implemented by the
Department to manage digital technologies developed pursuant
to subsection (a); and
(vi) an assessment of the processes implemented by the
Department to develop digital technology that can perform
full spectrum survivability and lethality testing with
respect to kinetic and non-kinetic threats.
(B) Briefing.--Not later than April 14, 2023, the Director
shall provide to the congressional defense committees a
briefing that identifies any changes to existing law that may
be necessary to implement subsection (a).
(c) Definitions.--In this section:
(1) Covered officials.--The term ``covered officials''
means--
(A) the Under Secretary of Defense for Research and
Engineering;
(B) the Under Secretary of Defense for Acquisition and
Sustainment;
(C) the Chief Information Officer;
(D) the Director;
(E) the Director of Cost Assessment and Program Evaluation;
(F) the Service Acquisition Executives;
(G) the Service testing commands;
(H) the Director of the Defense Digital Service; and
(I) representatives from--
(i) the Department of Defense Test Resource Management
Center;
(ii) the High Performance Computing Modernization Program
Office; and
(iii) the Joint Technical Coordination Group for Munitions
Effectiveness.
(2) Covered system.--The term ``covered system'' means any
warfighting capability that can degrade, disable, deceive, or
destroy forces or missions.
(3) Department.--The term ``Department'' means the
Department of Defense.
(4) Digital technologies.--The term ``digital
technologies'' includes digital models, digital simulations,
and digital twin capabilities that may be used to test the
survivability and lethality of a covered system.
(5) Director.--The term ``Director'' means the Director of
Operational Test and Evaluation.
(6) Full spectrum survivability and lethality testing.--The
term ``full spectrum survivability and lethality testing''
means a series of assessments of the effects of kinetic and
non-kinetic threats on the communications, firepower,
mobility, catastrophic survivability, and lethality of a
covered system.
(7) Non-kinetic threats.--The term ``non-kinetic threats''
means unconventional threats, including--
(A) cyber attacks;
(B) electromagnetic spectrum operations;
(C) chemical, biological, radiological, nuclear effects and
high yield explosives; and
(D) directed energy weapons.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
SEC. 218. PILOT PROGRAM ON THE USE OF INTERMEDIARIES TO
CONNECT THE DEPARTMENT OF DEFENSE WITH
TECHNOLOGY PRODUCERS.
(a) In General.--The Secretary of Defense shall carry out a
pilot program to foster the transition of the science and
technology programs, projects, and activities of the
Department of Defense from the research, development, pilot,
and prototyping phases to full-scale implementation. Under
the pilot program, the Secretary shall seek to enter into
agreements with qualified intermediaries pursuant to which
the intermediaries will--
(1) match technology producers with programs, projects, and
activities of the Department that may have a use for the
technology developed by such producers; and
(2) provide technical assistance to such technology
producers on participating in the procurement programs and
acquisition processes of the Department.
(b) Activities.--A qualified intermediary that enters into
an agreement with the Secretary of Defense under subsection
(a) shall, pursuant to such agreement--
(1) guide and advise technology producers on participating
in the procurement programs and
[[Page H4609]]
acquisition processes of the Department, including--
(A) planning, programing, budgeting, and execution
processes of the Department.
(B) requirements processes;
(C) the Federal Acquisition Regulation and the Department
of Defense Supplement to the Federal Acquisition Regulation;
(D) other procurement programs and authorities, including--
(i) the Small Business Innovation Research Program and the
Small Business Technology Transfer Program, as defined in
section 9(e) of the Small Business Act (15 U.S.C. 638(e));
(ii) other transaction authority under sections 2371 and
2371b of title 10, United States Code;
(iii) cooperative agreements;
(iv) prizes for advanced technology achievements under
section 2374a of title 10, United States Code; and
(v) grant programs; and
(E) new entrant barriers and challenges, including--
(i) accessing secure computing and information technology
infrastructure; and
(ii) securing clearances for personnel and facilities; and
(2) match technology producers with programs, projects, and
activities of the Department that may have a use for the
technology developed by such producers, including programs,
projects, and activities carried out by--
(A) program executive officers (as defined in section
1737(a)(4)) of title 10, United States Code);
(B) program management offices;
(C) combatant commands with a command acquisition
executive;
(D) Defense Agencies and Department of Defense Field
Activities (as such terms are defined, respectively, in
section 101 of title 10, United States Code); and
(E) such other elements of the Department as the Secretary
considers appropriate.
(c) Priority.--In carrying out the activities described in
subsection (b), a qualified intermediary shall give priority
to technology producers that are small business concerns (as
defined under section 3 of the Small Business Act (15 U.S.C.
632)), research institutions (as defined in section 9(e) of
such Act), or institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C
1001)).
(d) Terms of Agreements.--
(1) In general.--The terms of an agreement under subsection
(a) shall be determined by the Secretary of Defense.
(2) Methods of service delivery.--In entering into
agreements under subsection (a), the Secretary may consider,
on a case by case basis, whether the needs of the Department
of Defense and technology producers would best be served by a
qualified intermediary that provides services in a specific
geographic region, serves a particular technology sector, or
uses another method of service delivery.
(3) Incentives.--The Secretary of Defense may include terms
in an agreement under subsection (a) to incentivize a
qualified intermediary to successfully facilitate the
transition of science and technology from the research,
development, pilot, and prototyping phases to full-scale
implementation within the Department of Defense.
(4) Limitation on use of funds.--The Secretary of Defense
may not use any amounts required to be expended under section
9(f)(1) of the Small Business Act (15 U.S.C. 638(f)(1)) for
any administrative costs incurred by a qualified intermediary
associated with the pilot program under this section.
(e) Protection of Proprietary Information.--The Secretary
of Defense shall implement policies and procedures to protect
the intellectual property and any other proprietary
information of technology producers that participate in the
pilot program under this section.
(f) Data Collection.--
(1) Plan required before implementation.--The Secretary of
Defense may not enter into an agreement under subsection (a)
until the date on which the Secretary--
(A) completes a plan to for carrying out the data
collection required under paragraph (2); and
(B) submits the plan to the appropriate congressional
committees.
(2) Data collection required.--The Secretary of Defense
shall collect and analyze data on the pilot program under
this section for the purposes of--
(A) developing and sharing best practices for facilitating
the transition of science and technology from the research,
development, pilot, and prototyping phases to full-scale
implementation within the Department of Defense;
(B) providing information to the leadership of the
Department on the implementation of the pilot program and
related policy issues; and
(C) providing information to the appropriate congressional
committees as required under subsection (g).
(g) Briefing.--Not later than December 31, 2022, the
Secretary of Defense shall provide to the appropriate
congressional committees a briefing on the progress of the
Secretary in implementing the pilot program under this
section and any related policy issues.
(h) Consultation.--In carrying out the pilot program under
this section, the Secretary of Defense shall consult with--
(1) service acquisition executives (as defined in section
101 of title 10, United States Code);
(2) the heads of appropriate Defense Agencies and
Department of Defense Field Activities;
(3) procurement technical assistance centers (as described
in chapter 142 of title 10, United States Code);
(4) the Administrator of Federal Procurement Policy; and
(5) such other individuals and organizations as the
Secretary determines appropriate.
(i) Termination.--The pilot program under this section
shall terminate on the date that is five years after the date
on which Secretary of Defense enters into the first agreement
with a qualified intermediary under subsection (a).
(j) Comptroller General Assessment and Report.--
(1) Assessment.--The Comptroller General of the United
States shall conduct an assessment of the pilot program under
this section. The assessment shall include an evaluation of
the effectiveness of the pilot program with respect to--
(A) facilitating the transition of science and technology
from the research, development, pilot, and prototyping phases
to full-scale implementation within the Department of
Defense; and
(B) protecting sensitive information shared among the
Department of Defense, qualified intermediaries, and
technology producers in the course of the pilot program.
(2) Report.--Not later than the date specified in paragraph
(3), the Comptroller General shall submit to the appropriate
congressional committees a report on the results of the
assessment conducted under paragraph (1).
(3) Date specified.--The date specified in this paragraph
is the earlier of--
(A) four years after the date on which the Secretary of
Defense enters into the first agreement with a qualified
intermediary under subsection (a): or
(B) five years after the date of the enactment of this Act.
(k) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Oversight and Reform of the House of
Representatives.
(2) The term ``qualified intermediary'' means a nonprofit,
for-profit, or State or local government entity that assists,
counsels, advises, evaluates, or otherwise cooperates with
technology producers that need or can make demonstrably
productive use of the services provided by the intermediary
pursuant to the pilot program under this section.
(3) The term ``technology producer'' means an individual or
entity engaged in the research, development, production, or
distribution of science or technology that the Secretary of
Defense determines may be of use to the Department of
Defense.
SEC. 219. ASSESSMENT AND CORRECTION OF DEFICIENCIES IN THE F-
35 AIRCRAFT PILOT BREATHING SYSTEM.
(a) Testing and Evaluation Required.--Beginning not later
than 120 days after the date of the enactment of this Act,
the Secretary of Defense, in consultation with the
Administrator of the National Aeronautics and Space
Administration, shall commence operational testing and
evaluation of the F-35 aircraft pilot breathing system (in
this section referred to as the ``breathing system'') to--
(1) determine whether the breathing system complies with
Military Standard 3050 (MIL-STD-3050), titled ``Aircraft Crew
Breathing Systems Using On-Board Oxygen Generating System
(OBOGS)''; and
(2) assess the safety and effectiveness of the breathing
system for all pilots of F-35 aircraft.
(b) Requirements.--The following shall apply to the testing
and evaluation conducted under subsection (a):
(1) The pilot, aircraft systems, and operational flight
environment of the F-35 aircraft shall not be assessed in
isolation but shall be tested and evaluated as integrated
parts of the breathing system.
(2) The testing and evaluation shall be conducted under a
broad range of operating conditions, including variable
weather conditions, low-altitude flight, high-altitude
flight, during weapons employment, at critical phases of
flight such as take-off and landing, and in other challenging
environments and operating flight conditions.
(3) The testing and evaluation shall assess operational
flight environments for the pilot that replicate expected
conditions and durations for high gravitational force
loading, rapid changes in altitude, rapid changes in
airspeed, and varying degrees of moderate gravitational force
loading.
(4) A diverse group of F-35 pilots shall participate in the
testing and evaluation, including--
(A) pilots who are test-qualified and pilots who are not
test-qualified
(B) pilots who vary in gender, physical conditioning,
height, weight, and age, and any other attributes that the
Secretary determines to be appropriate.
(5) The F-35A, F-35B, and F-35C aircraft involved in the
testing and evaluation shall perform operations with
operationally representative and realistic aircraft
configurations.
(6) The testing and evaluation shall include assessments of
pilot life support gear and relevant equipment, including the
pilot breathing mask apparatus.
(7) The testing and evaluation shall include testing data
from pilot reports, measurements of breathing pressures and
air delivery response timing and flow, cabin pressure, air-
speed, acceleration, measurements of hysteresis during all
phases of flight, measurements of differential pressure
between mask and cabin altitude, and measurements of
spirometry and specific oxygen saturation levels of the pilot
immediately before and immediately after each flight.
(8) The analysis of the safety and effectiveness of the
breathing system shall thoroughly assess any physiological
effects reported by pilots, including effects on health,
fatigue, cognition, and perception of any breathing
difficulty.
(9) The testing and evaluation shall include the
participation of subject matter experts who
[[Page H4610]]
have familiarity and technical expertise regarding design and
functions of the F-35 aircraft, its propulsion system, pilot
breathing system, life support equipment, human factors, and
any other systems or subject matter the Secretary determines
necessary to conduct effective testing and evaluation. At a
minimum, such subject matter experts shall include aerospace
physiologists, engineers, flight surgeons, and scientists.
(10) In carrying out the testing and evaluation, the
Secretary of Defense may seek technical support and subject
matter expertise from the Naval Air Systems Command, the Air
Force Research Laboratory, the Office of Naval Research, the
National Aeronautics and Space Administration, and any other
organization or element of the Department of Defense or the
National Aeronautics and Space Administration that the
Secretary, in consultation with the Administrator of the
National Aeronautics and Space Administration, determines
appropriate to support the testing and evaluation.
(c) Corrective Actions.--Not later than 90 days after the
submittal of the final report under subsection (e), the
Secretary of Defense shall take such actions as are necessary
to correct all deficiencies, shortfalls, and gaps in the
breathing system that were discovered or reported as a result
of the testing and evaluation under subsection (a).
(d) Preliminary Report.--Not later than one year after the
commencement of the testing and evaluation under subsection
(a), the Secretary of Defense shall submit to the
congressional defense committees a preliminary report, based
on the initial results of such testing and evaluation, that
includes findings, recommendations, and potential corrective
actions to address deficiencies in the breathing system.
(e) Final Report.--Not later than two years after the
commencement of the testing and evaluation under subsection
(a), the Secretary of Defense shall submit to the
congressional defense committees a final report that
includes, based on the final results of such testing and
evaluation--
(1) findings and recommendations with respect to the
breathing system; and
(2) a description of the specific actions the Secretary
will carry out to correct deficiencies in the breathing
system, as required under subsection (c).
(f) Independent Review of Final Report.--
(1) In general.--The Secretary of Defense, in consultation
with the Administrator of the National Aeronautics and Space
Administration, shall seek to enter into an agreement with a
federally funded research and development center with
relevant expertise to conduct an independent sufficiency
review of the final report submitted under subsection (e).
(2) Report to secretary.--Not later than seven months after
the date on which the Secretary of Defense enters into an
agreement with a federally funded research and development
center under paragraph (1), the center shall submit to the
Secretary a report on the results of the review conducted
under such paragraph.
(3) Report to congress.--Not later than 30 days after the
date on which the Secretary of Defense receives the report
under paragraph (2), the Secretary shall submit the report to
the congressional defense committees.
SEC. 220. IDENTIFICATION OF THE HYPERSONICS FACILITIES AND
CAPABILITIES OF THE MAJOR RANGE AND TEST
FACILITY BASE.
(a) Identification Required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall--
(1) identify each facility and capability of the Major
Range and Test Facility Base that is primarily concerned with
the ground-based simulation of hypersonic atmospheric flight
conditions and the test and evaluation of hypersonic
technology in open air flight; and
(2) identify such facilities and capabilities that the
Secretary would propose to designate, collectively, as the
``Hypersonics Facility Base''.
(b) Major Range and Test Facility Base.--In this section,
the term ``Major Range and Test Facility Base'' has the
meaning given that term in section 196(i) of title 10, United
States Code.
SEC. 221. REQUIREMENT TO MAINTAIN ACCESS TO CATEGORY 3
SUBTERRANEAN TRAINING FACILITY.
(a) Requirement to Maintain Access.--The Secretary of
Defense shall ensure that the Department of Defense maintains
access to a covered category 3 subterranean training facility
on a continuing basis.
(b) Authority to Enter Into Lease.--The Secretary of
Defense is authorized to enter into a short-term lease with a
provider of a covered category 3 subterranean training
facility for purposes of compliance with subsection (a).
(c) Covered Category 3 Subterranean Training Facility
Defined.--In this section, the term ``covered category 3
subterranean training facility'' means a category 3
subterranean training facility that is--
(1) operational as of the date of the enactment of this
Act; and
(2) deemed safe for use as of such date.
SEC. 222. PROHIBITION ON REDUCTION OF NAVAL AVIATION TESTING
AND EVALUATION CAPACITY.
(a) Prohibition.--During the period beginning on the date
of the enactment of this Act and ending on October 1, 2022,
the Secretary of the Navy may not take any action that would
reduce, below the levels authorized and in effect on October
1, 2020, any of the following:
(1) The aviation-related operational testing and evaluation
capacity of the Department of the Navy.
(2) The billets assigned to support such capacity.
(3) The aviation force structure, aviation inventory, or
quantity of aircraft assigned to support such capacity,
including rotorcraft and fixed-wing aircraft.
(b) Report Required.--Not later than June 30, 2022, the
Director of Operational Test and Evaluation shall submit to
the congressional defense committees a report that assesses
each of the following as of the date of the report:
(1) The design and effectiveness of the testing and
evaluation infrastructure and capacity of the Department of
the Navy, including an assessment of whether such
infrastructure and capacity is sufficient to carry out the
acquisition and sustainment testing required for the
aviation-related programs of the Department of Defense and
the naval aviation-related programs of the Department of the
Navy
(2) The plans of the Secretary of the Navy to reduce the
testing and evaluation capacity and infrastructure of the
Navy with respect to naval aviation in fiscal year 2022 and
subsequent fiscal years, as specified in the budget of the
President submitted to Congress on May 28, 2021.
(3) The technical, fiscal, and programmatic issues and
risks associated with the plans of the Secretary of the Navy
to delegate and task operational naval aviation units and
organizations to efficiently and effectively execute testing
and evaluation master plans for various aviation-related
programs and projects of the Department of the Navy.
SEC. 223. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN C-
130 AIRCRAFT.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2022 for the Navy
may be obligated or expended to procure a C-130 aircraft for
testing and evaluation as a potential replacement for the E-
6B aircraft until the date on which the Secretary of the Navy
submits to the congressional defense committees a report that
includes the following information:
(1) The unit cost of each such C-130 test aircraft.
(2) The life cycle sustainment plan for such C-130
aircraft.
(3) A statement indicating whether such C-130 aircraft will
be procured using multiyear contracting authority under
section 2306b of title 10, United States Code.
(4) The total amount of funds needed to complete the
procurement of such C-130 aircraft.
SEC. 224. LIMITATION ON AVAILABILITY OF FUNDS FOR VC-25B
AIRCRAFT PROGRAM PENDING SUBMISSION OF
DOCUMENTATION.
(a) Documentation Required.--The Secretary of the Air Force
shall submit to the congressional defense committees an
integrated master schedule for the VC-25B presidential
aircraft recapitalization program of the Air Force.
(b) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2022
for the Air Force for the VC-25B aircraft, not more than 50
percent may be obligated or expended until the date on which
the Secretary of the Air Force submits to the congressional
defense committees the documentation required under
subsection (a).
Subtitle C--Plans, Reports, and Other Matters
SEC. 231. MODIFICATION TO ANNUAL REPORT OF THE DIRECTOR OF
OPERATIONAL TEST AND EVALUATION.
Section 139(h)(2) of title 10, United States Code, is
amended by striking ``, through January 31, 2026''.
SEC. 232. ADAPTIVE ENGINE TRANSITION PROGRAM ACQUISITION
STRATEGY FOR THE F-35A AIRCRAFT.
(a) In General.--Not later than 14 days after the date on
which the budget of the President for fiscal year 2023 is
submitted to Congress pursuant to section 1105 of title 31,
United States Code, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the congressional
defense committees a report on the integration of the
Adaptive Engine Transition Program propulsion system into the
F-35A aircraft.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) A competitive acquisition strategy, informed by fiscal
considerations, to--
(A) integrate the Adaptive Engine Transition Program
propulsion system into the F-35A aircraft; and
(B) begin, in fiscal year 2027, activities to retrofit all
F-35A aircraft with such propulsion system.
(2) An implementation plan to implement such strategy.
(3) A schedule annotating pertinent milestones and yearly
fiscal resource requirements for the implementation of such
strategy.
SEC. 233. ADVANCED PROPULSION SYSTEM ACQUISITION STRATEGY FOR
THE F-35B AND F-35C AIRCRAFT.
(a) In General.--Not later than 14 days after the date on
which the budget of the President for fiscal year 2023 is
submitted to Congress pursuant to section 1105 of title 31,
United States Code, the Secretary of the Navy, in
consultation with the Under Secretary of Defense for
Acquisition and Sustainment, shall submit to the
congressional defense committees a report on the integration
of the Adaptive Engine Transition Program (referred to in
this section as ``AETP'') propulsion system or other advanced
propulsion system into F-35B and F-35C aircraft.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) An analysis of the impact on combat effectiveness and
sustainment cost from increased thrust, fuel efficiency, and
thermal capacity for each variant of the F-35, to include the
improvements on acceleration, speed, range, and overall
mission effectiveness, of each advanced propulsion system.
(2) An assessment in the reduction on the dependency on
support assets, to include air refueling and replenishment
tankers, and the overall cost benefits to the Department from
reduced acquisition and sustainment of such support assets,
from the integration of each advanced propulsion system.
[[Page H4611]]
(3) A competitive acquisition strategy, informed by fiscal
considerations, the assessment on combat effectiveness, and
technical limitations, to--
(A) integrate an advanced propulsion system into the F-35B
aircraft and integrate an advanced propulsion system into the
F-35C aircraft; and
(B) begin, in a fiscal year as determined by a cost benefit
analysis, activities to produce all F-35B aircraft and all F-
35C aircraft with such propulsion systems; and
(C) begin, in a fiscal year and quantity as determined by a
cost benefit analysis, activities to retrofit F-35B aircraft
and F-35C aircraft with such propulsion systems.
(4) An implementation plan to implement the strategy
described in paragraph (3).
(5) A schedule annotating pertinent milestones and yearly
fiscal resource requirements for the implementation of such
strategy.
(c) Definitions.--In this section:
(1) The term ``variant of the F-35'' means:
(A) the F-35B; and
(B) the F-35C.
(2) The term ``advanced propulsion system'' means:
(A) the Adaptive Engine Transition Program propulsion
system; or
(B) a derivative of a propulsion system developed for the
F-35.
SEC. 234. ASSESSMENT AND REPORT ON AIRBORNE ELECTRONIC ATTACK
CAPABILITIES AND CAPACITY.
(a) Assessment.--The Secretary of the Air Force shall
conduct an assessment of--
(1) the status of the airborne electronic attack
capabilities and capacity of the Air Force; and
(2) the feasibility and advisability of adapting the ALQ-
249 Next Generation Jammer for use on Air Force tactical
aircraft, including an analysis of--
(A) the suitability of the jammer for use on such aircraft;
and
(B) the compatibility of the jammer with such aircraft; and
(C) identification of any unique hardware, software, or
interface modifications that may be required to integrate the
jammer with such aircraft.
(b) Report.--Not later than February 15, 2022, the
Secretary of the Air Force shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report on the results of the assessment conducted under
subsection (a).
SEC. 235. STRATEGY FOR AUTONOMY INTEGRATION IN MAJOR WEAPON
SYSTEMS.
(a) Strategy Required.--Not later than one year after the
date of the enactment of this Act the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and House of Representatives a strategy to resource
and integrate, to the maximum extent possible, autonomy
software that enables full operational capability in high
threat, communications and GPS-denied environments into major
weapons systems of the Department of Defense by fiscal year
2025.
(b) Elements.--The strategy required under subsection (a)
shall include--
(1) a list of weapon systems and programs, to be selected
by the Secretary of Defense, which can be integrated with
autonomy software as described in subsection (a) by fiscal
year 2025;
(2) timelines for autonomy software integration into the
weapon systems and programs as identified under paragraph
(1);
(3) funding requirements related to the development,
acquisition, and testing of autonomy software;
(4) plans to leverage commercially-available artificial
intelligence software, universal common control software, and
autonomy software and related self-driving or self-piloting
technologies, where appropriate; and
(5) plans to include autonomy software, artificial
intelligence, and universal common control.
(c) Consultation.--The Secretary shall develop the strategy
required under subsection (a) in consultation with--
(1) the Under Secretary of Defense for Research and
Engineering;
(2) the Secretaries of the military departments; and
(3) such other organizations and elements of the Department
of Defense as the Secretary determines appropriate.
(d) Report.--
(1) In general.--Not later than one year after the date on
which the strategy required under subsection (a) is submitted
to the Committees on Armed Services of the Senate and House
of Representatives, and not later than October 1 of each of
the five years thereafter, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report that describes the status
of the implementation of the strategy.
(2) Contents.--The report required under paragraph (1)
shall--
(A) identify any substantial changes made in the strategy
during the preceding calendar year; and
(B) describe the progress made in implementing the
strategy.
(e) Form.--The strategy required under subsection (a) and
the report required under subsection (d) shall be submitted
in unclassified form but may contain a classified annex.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2022 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environment
SEC. 311. INCLUSION OF IMPACTS ON MILITARY INSTALLATION
RESILIENCE IN THE NATIONAL DEFENSE STRATEGY AND
ASSOCIATED DOCUMENTS.
(a) National Defense Strategy and Defense Planning
Guidance.--Section 113(g) of title 10, United States Code, is
amended--
(1) in paragraph (1)(B)--
(A) in clause (ii), by striking ``actors,'' and inserting
``actors, and the current or projected threats to military
installation resilience,'' and
(B) by inserting after clause (ix), the following new
clause:
``(x) Strategic goals to address or mitigate the current
and projected risks to military installation resilience.''.
(2) in paragraph (2)(A), in the matter preceding clause
(i), by striking ``priorities,'' and inserting ``priorities,
including priorities relating to the current or projected
risks to military installation resilience,''.
(b) National Defense Sustainment and Logistics Review.--
(1) In general.--The first section 118a of such title is
amended--
(A) in subsection (a), by striking ``capabilities,'' and
inserting ``capabilities, response to risks to military
installation resilience,'';
(B) by redesignating such section, as amended by
subparagraph (A), as section 118b; and
(C) by moving such section so as to appear after section
118a.
(2) Clerical and conforming amendments.--
(A) Clerical amendments.--The table of sections for chapter
2 of such title is amended--
(i) by striking the first item relating to section 118a;
and
(ii) by inserting after the item relating to section 118a
the following new item:
``118b. National Defense Sustainment and Logistics Review.''.
(B) Conforming amendment.--Section 314(c) of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283) is amended by striking
``section 118a'' and inserting ``section 118b''.
(c) Chairman's Risk Assessment.--Section 153(b)(2)(B) of
title 10, United States Code, is amended by inserting after
clause (vi) the following new clause:
``(vii) Identify and assess risk resulting from, or likely
to result from, current or projected effects on military
installation resilience.''.
(d) Strategic Decisions Relating to Military
Installations.--The Secretary of each military department,
with respect to any installation under the jurisdiction of
that Secretary, and the Secretary of Defense, with respect to
any installation of the Department of Defense that is not
under the jurisdiction of the Secretary of a military
department, shall consider the risks associated with military
installation resilience when making any strategic decision
relating to such installation, including where to locate such
installation and where to position equipment, infrastructure,
and other military assets on such installation.
(e) National Defense Strategy and National Military
Strategy.--The Secretary of Defense, in coordination with the
heads of such other Federal agencies as the Secretary
determines appropriate, shall incorporate the security
implications of military installation resilience into the
National Defense Strategy and the National Military Strategy.
(f) National Security Planning Documents.--The Secretary of
Defense and the Chairman of the Joint Chiefs of Staff shall
consider the security implications associated with military
installation resilience in developing the Defense Planning
Guidance under section 113(g)(2) of title 10, United States
Code, the Risk Assessment of the Chairman of the Joint Chiefs
of Staff under section 153(b)(2) of such title, and other
relevant strategy, planning, and programming documents and
processes.
(g) Campaign Plans of Combatant Commands.--The Secretary of
Defense shall ensure that the national security implications
associated with military installation resilience are
integrated into the campaign plans of the combatant commands.
(h) Report on Security Implications Associated With
Military Installation Resilience.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report describing how the aspects
of military installation resilience have been incorporated
into modeling, simulation, war-gaming, and other analyses by
the Department of Defense.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(i) Annual Report on Readiness Impacts of Military
Installation Resilience on Military Assets and
Capabilities.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Defense shall submit to the congressional
defense committees a report containing information
(disaggregated by military department) as follows:
(A) A description of the effects on military readiness, and
an estimate of the financial costs to the Department of
Defense, reasonably attributed to adverse impacts to military
installation resilience during the year preceding the
submission of the report, including loss of or damage to
military networks, systems, installations, facilities, and
other assets and capabilities of the Department; and
(B) An assessment of vulnerabilities to military
installation resilience.
[[Page H4612]]
(2) Use of assessment tool.--The Secretary shall use the
Climate Vulnerability and Risk Assessment Tool of the
Department (or such successor tool) in preparing each report
under paragraph (1).
(j) Definitions.--In this section:
(1) The term ``military installation resilience'' has the
meaning given that term in section 101(e) of title 10, United
States Code.
(2) The term ``National Defense Strategy'' means the
national defense strategy under section 113(g)(1) of such
title.
(3) The term ``National Military Strategy'' means the
national military strategy under section 153(b) of such
title.
SEC. 312. MODIFICATION OF AUTHORITIES GOVERNING CULTURAL AND
CONSERVATION ACTIVITIES OF THE DEPARTMENT OF
DEFENSE.
(a) In General.--Section 2694 of title 10, United States
Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``or Sentinel
Landscape'' after ``military department''; and
(ii) in subparagraph (B), by inserting ``or that would
contribute to maintaining or improving military installation
resilience'' after ``military operations'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``or nature-based
climate resilience plans'' after ``land management plans'';
and
(ii) by amending subparagraph (F) to read as follows:
``(F) The implementation of ecosystem-wide land management
plans--
``(i) for a single ecosystem that--
``(I) encompasses at least two non-contiguous military
installations, if those military installations are not all
under the administrative jurisdiction of the same Secretary
of a military department; and
``(II) provides synergistic benefits unavailable if the
installations acted separately; or
``(ii) for one or more ecosystems within a designated
Sentinel Landscape.''; and
(2) by adding at the end the following new subsection:
``(e) Definition of Sentinel Landscape.--In this section,
the term `Sentinel Landscape' means a landscape-scale area
encompassing--
``(1) one or more military installations or State-owned
National Guard installations and associated airspace; and
``(2) the working or natural lands that serve to protect
and support the rural economy, the natural environment,
outdoor recreation, and the national defense test and
training missions of the military or State-owned National
Guard installation or installations.''.
(b) Preservation of Sentinel Landscapes.--Section 317 of
the National Defense Authorization Act for Fiscal Year 2018
(10 U.S.C. 2684a note) is amended--
(1) in subsection (c)--
(A) by inserting ``resilience,'' after ``mutual benefit of
conservation,'';
(B) by inserting ``, resilience,'' after ``voluntary land
management''; and
(C) by adding at the end the following new sentence: ``The
Secretary of Defense shall include information concerning the
activities taken pursuant to the Sentinel Landscapes
Partnership in the annual report to Congress submitted
pursuant to section 2684a(g) of title 10, United States
Code.'';
(2) in subsection (d), in the second sentence, by inserting
``by an eligible landowner or agricultural producer'' after
``Participation'';
(3) by redesignating subsection (e) as subsection (f);
(4) by inserting after subsection (d) the following new
subsection (e):
``(e) Participation by Other Agencies.--To the extent
practicable, the Secretary of Defense shall seek the
participation of other Federal agencies in the Sentinel
Landscape Partnership and encourage such agencies to become
full partners in the Partnership.''; and
(5) in subsection (f), by adding at the end the following
new paragraph:
``(4) Resilience.--The term `resilience' means the
capability to avoid, prepare for, minimize the effect of,
adapt to, and recover from extreme weather events, flooding,
wildfires, or other anticipated or unanticipated changes in
environmental conditions.''.
SEC. 313. MODIFICATION OF AUTHORITY FOR ENVIRONMENTAL
RESTORATION PROJECTS OF NATIONAL GUARD.
Section 2707(e)(1) of title 10, United States Code, is
amended by striking ``in response to perfluorooctanoic acid
or perfluorooctane sulfonate contamination under this chapter
or CERCLA''.
SEC. 314. PROHIBITION ON USE OF OPEN-AIR BURN PITS IN
CONTINGENCY OPERATIONS OUTSIDE THE UNITED
STATES.
(a) In General.--Chapter 160 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2714. Prohibition on use of open-air burn pits
``(a) In General.--Except as provided in subsection (b),
beginning on January 1, 2023, the disposal of covered waste
by the Department of Defense in an open-air burn pit located
outside of the United States during a contingency operation
is prohibited.
``(b) Waiver.--The President may exempt a location from the
prohibition under subsection (a) if the President determines
such an exemption is in the paramount interest of the United
States.
``(c) Report.--(1) Not later than 30 days after granting an
exemption under subsection (b) with respect to the use of an
open-air burn pit at a location, the President shall submit
to Congress a written report that identifies--
``(A) the location of the open-air burn pit;
``(B) the number of personnel of the United States assigned
to the location where the open-air burn pit is being used;
``(C) the size and expected duration of use of the open-air
burn pit;
``(D) the personal protective equipment or other health
risk mitigation efforts that will be used by members of the
armed forces when airborne hazards are present, including how
such equipment will be provided when required; and
``(E) the need for the open-air burn pit and rationale for
granting the exemption.
``(2) A report submitted under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
``(d) Definition of Covered Waste.--In this section, the
term `covered waste' includes--
``(1) hazardous waste, as defined by section 1004(5) of the
Solid Waste Disposal Act (42 U.S.C. 6903(5));
``(2) medical waste;
``(3) tires;
``(4) treated wood;
``(5) batteries;
``(6) plastics, except insignificant amounts of plastic
remaining after a good-faith effort to remove or recover
plastic materials from the solid waste stream;
``(7) munitions and explosives, except when disposed of in
compliance with guidance on the destruction of munitions and
explosives contained in the Department of Defense Ammunition
and Explosives Safety Standards, DoD Manual 6055.09-M;
``(8) compressed gas cylinders, unless empty with valves
removed;
``(9) fuel containers, unless completely evacuated of its
contents;
``(10) aerosol cans;
``(11) polychlorinated biphenyls;
``(12) petroleum, oils, and lubricants products (other than
waste fuel for initial combustion);
``(13) asbestos;
``(14) mercury;
``(15) foam tent material;
``(16) any item containing any of the materials referred to
in a preceding paragraph; and
``(17) other waste as designated by the Secretary.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2714. Prohibition on use of open-air burn pits.''.
(c) Conforming Repeal.--Effective January 1, 2023, section
317 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 10 U.S.C. 2701 note) is repealed.
SEC. 315. MAINTENANCE OF CURRENT ANALYTICAL TOOLS FOR
EVALUATION OF ENERGY RESILIENCE MEASURES.
(a) In General.--Section 2911 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(i) Analytical Tools for Evaluation of Energy Resilience
Measures.--(1) The Secretary of Defense shall develop and
implement a process to ensure that the Department of Defense,
in the evaluation of energy resilience measures on military
installations, uses analytical tools that are accurate and
effective in projecting the costs and performance of such
measures.
``(2) Analytical tools specified in paragraph (1) shall
be--
``(A) designed to--
``(i) provide an accurate projection of the costs and
performance of the energy resilience measure being analyzed;
``(ii) be used without specialized training; and
``(iii) produce resulting data that is understandable and
usable by the typical source selection official;
``(B) consistent with standards and analytical tools
commonly applied by the Department of Energy and by
commercial industry;
``(C) adaptable to accommodate a rapidly changing
technological environment;
``(D) peer-reviewed for quality and precision and measured
against the highest level of development for such tools; and
``(E) periodically reviewed and updated, but not less
frequently than once every three years.''.
(b) Report.--Not later than September 30, 2022, the
Secretary of Defense shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a
report on the implementation of the requirements under
section 2911(i) of title 10, United States Code, as added by
subsection (a).
SEC. 316. ENERGY EFFICIENCY TARGETS FOR DEPARTMENT OF DEFENSE
DATA CENTERS.
(a) Energy Efficiency Targets for Data Centers.--
(1) In general.--Subchapter I of chapter 173 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2921. Energy efficiency targets for data centers
``(a) Covered Data Centers.--(1) For each covered data
center, the Secretary shall--
``(A) develop a power usage effectiveness target for the
data center, based on location, resiliency, industry
standards, and best practices;
``(B) develop a water usage effectiveness target for the
data center, based on location, resiliency, industry
standards, and best practices;
``(C) develop other energy efficiency or water usage
targets for the data center based on industry standards and
best practices, as applicable to meet energy efficiency and
resiliency goals;
``(D) identify potential renewable or clean energy
resources to enhance resiliency at the data center, including
potential renewable or clean energy purchase targets based on
the location of the data center; and
[[Page H4613]]
``(E) identify any statutory, regulatory, or policy
barriers to meeting any target under any of subparagraphs (A)
through (C).
``(2) In this subsection, the term `covered data center'
means a data center of the Department that--
``(A) is one of the 50 data centers of the Department with
the highest annual power usage rates; and
``(B) has been established before the date of the enactment
of this section.
``(b) New Data Centers.--(1) Except as provided in
paragraph (2), in the case of any Department data center
established on or after the date of the enactment of this
section, the Secretary shall establish energy, water usage,
and resiliency-related standards that the data center shall
be required to meet based on location, resiliency, industry
standards, and best practices. Such standards shall include--
``(A) power usage effectiveness standards;
``(B) water usage effectiveness standards; and
``(C) any other energy or resiliency standards the
Secretary determines are appropriate.
``(2) The Secretary may waive the requirement for a
Department data center established on or after the date of
the enactment of this section to meet the standards
established under paragraph (1) if the Secretary--
``(A) determines that such waiver is in the national
security interest of the United States; and
``(B) submits to the Committee on Armed Services of the
House of Representatives notice of such waiver and the
reasons for such waiver.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2920 the following new item:
``2921. Energy efficiency targets for data centers.''.
(b) Inventory of Data Facilities.--
(1) Inventory required.--By not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall conduct an inventory of all data centers owned
or operated by the Department of Defense. Such survey shall
include the following:
(A) A list of data centers owned or operated by the
Department of Defense.
(B) For each such data center, the earlier of the following
dates:
(i) The date on which the data center was established.
(ii) The date of the most recent capital investment in new
power, cooling, or compute infrastructure at the data center.
(C) The total average annual power use, in kilowatts, for
each such data center.
(D) The number of data centers that measure power usage
effectiveness (hereinafter in this section referred to as
``PUE'') and for each such data center, the PUE for the
center.
(E) The number of data centers that measure water usage
effectiveness (hereinafter in this section ``WUE'') and, for
each such data center, the WUE for the center.
(F) A description of any other existing energy efficiency
or efficient water usage metrics used by any data center and
the applicable measurements for any such center.
(G) An assessment of the facility resiliency of each data
center, including redundant power and cooling facility
infrastructure.
(H) Any other matters the Secretary determines are
relevant.
(2) Data center defined.--In this section, the term ``data
center'' has the meaning given such term in the most recent
Integrated Data Collection guidance of the Office of
Management and Budget.
(c) Report.--Not later than 180 days after the completion
of the inventory required under subsection (b), the Secretary
of Defense shall submit to the Committee on Armed Services of
the House of Representatives a report on the inventory and
the energy assessment targets under section 2921(a) of title
10, United States Code, as added by subsection (a). Such
report shall include each of the following:
(1) A timeline of necessary actions required to meet the
energy assessment targets for covered data centers.
(2) The estimated costs associated with meeting such
targets.
(3) An assessment of the business case for meeting such
targets, including any estimated savings in operational
energy and water costs and estimated reduction in energy and
water usage if the targets are met.
(4) An analysis of any statutory, regulatory, or policy
barriers to meeting such targets identified pursuant to
section 2921(a)(E) of title 10, United States Code, as added
by subsection (a).
SEC. 317. MODIFICATION OF RESTRICTION ON DEPARTMENT OF
DEFENSE PROCUREMENT OF CERTAIN ITEMS CONTAINING
PERFLUOROOCTANE SULFONATE OR PERFLUOROOCTANOIC
ACID.
Section 333 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) in the section heading--
(A) by inserting ``or purchase'' after ``procurement''; and
(B) by striking ``perfluorooctane sulfonate or
perfluorooctanoic acid'' and inserting ``perfluoroalkyl
substances or polyfluoroalkyl substances'';
(2) in subsection (a), by striking ``perfluorooctane
sulfonate (PFOS) or perfluorooctanoic acid (PFOA)'' and
inserting ``any perfluoroalkyl substance or polyfluoroalkyl
substance''; and
(3) by striking subsection (b) and inserting the following
new subsection (b):
``(b) Definitions.--In this section:
``(1) The term `covered item' means--
``(A) nonstick cookware or cooking utensils for use in
galleys or dining facilities;
``(B) upholstered furniture, carpets, and rugs that have
been treated with stain-resistant coatings;
``(C) food packaging materials;
``(D) furniture or floor waxes;
``(E) sunscreen;
``(F) umbrellas, luggage, or bags;
``(G) car wax and car window treatments;
``(H) cleaning products; and
``(I) shoes and clothing for which treatment with a
perfluoroalkyl substance or polyfluoroalkyl substance is not
necessary for an essential function.
``(2) The term `perfluoroalkyl substance' means a man-made
chemical of which all of the carbon atoms are fully
fluorinated carbon atoms.
``(3) The term `polyfluoroalkyl substance' means a man-made
chemical containing at least one fully fluorinated carbon
atom and at least one nonfluorinated carbon atom.''.
SEC. 318. TEMPORARY MORATORIUM ON INCINERATION BY DEPARTMENT
OF DEFENSE OF PERFLUOROALKYL SUBSTANCES,
POLYFLUOROALKYL SUBSTANCES, AND AQUEOUS FILM
FORMING FOAM.
(a) Temporary Moratorium.--Beginning not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense shall prohibit the incineration of covered materials
until the earlier of the following:
(1) The date on which the Secretary submits to Committees
on Armed Services of the House of Representatives and the
Senate a certification that the Secretary is implementing the
interim guidance on the destruction and disposal of PFAS and
materials containing PFAS published by the Administrator of
the Environmental Protection Agency under section 7361 of the
National Defense Authorization Act for Fiscal Year 2020 (15
U.S.C. 8961).
(2) The date on which the Administrator of the
Environmental Protection Agency publishes in the Federal
Register a final rule regarding the destruction and disposal
of such materials pursuant to such section.
(b) Required Adoption of Final Rule.--Upon publication of
the final rule specified in subsection (a)(2), the Secretary
shall adopt such final rule, regardless of whether the
Secretary previously implemented the interim guidance
specified in subsection (a)(1).
(c) Report.--Not later than one year after the date on
which the Administrator of the Environmental Protection
Agency publishes the final rule specified in subsection
(a)(2), and annually thereafter for three years, the
Secretary shall submit to the Administrator a report on all
incineration by the Department of Defense of covered
materials during the year covered by the report, including--
(1) the total amount of covered materials incinerated;
(2) the temperature range at which the covered materials
were incinerated; and
(3) the locations and facilities where the covered
materials were incinerated.
(d) Definitions.--In this section:
(1) The term ``AFFF'' means aqueous film forming foam.
(2) The term ``covered material'' means any legacy AFFF
formulation containing PFAS, material contaminated by AFFF
release, or spent filter or other PFAS-contaminated material
resulting from site remediation or water filtration that--
(A) has been used by the Department of Defense or a
military department;
(B) is being discarded for disposal by the Department of
Defense or a military department; or
(C) is being removed from sites or facilities owned or
operated by the Department of Defense.
(3) The term ``PFAS'' means per- or polyfluoroalkyl
substances.
SEC. 319. PUBLIC DISCLOSURE OF RESULTS OF DEPARTMENT OF
DEFENSE TESTING OF WATER FOR PERFLUOROALKYL OR
POLYFLUOROALKYL SUBSTANCES.
(a) Public Disclosure of PFAS Testing of Water.--
(1) In general.--Except as provided in paragraph (2), not
later than 10 days after the receipt of a validated result of
testing water for perfluoroalkyl or polyfluoroalkyl
substances (commonly referred to as ``PFAS'') in a covered
area, the Secretary of Defense shall publicly disclose such
validated result, including--
(A) the results of all such testing conducted in the
covered area by the Department of Defense; and
(B) the results of all such testing conducted in the
covered area by a non-Department entity (including any
Federal agency and any public or private entity) under a
contract, or pursuant to an agreement, with the Department of
Defense.
(2) Consent by private property owners.--The Secretary of
Defense may not publicly disclose the results of testing for
perfluoroalkyl or polyfluoroalkyl substances conducted on
private property without the consent of the property owner.
(b) Public Disclosure of Planned PFAS Testing of Water.--
Not later than 180 days after the date of the enactment of
the Act, and every 90 days thereafter, the Secretary of
Defense shall publicly disclose the anticipated timeline for,
and general location of, any planned testing for
perfluoroalkyl or polyfluoroalkyl substances proposed to be
conducted in a covered area, including--
(1) all such testing to be conducted by the Department of
Defense; and
(2) all such testing to be conducted by a non-Department
entity (including any Federal agency and any public or
private entity) under a contract, or pursuant to an
agreement, with the Department.
[[Page H4614]]
(c) Nature of Disclosure.--The Secretary of Defense may
satisfy the disclosure requirements under subsections (a) and
(b) by publishing the results and information referred to in
such subsections--
(1) on the publicly available website established under
section 331(b) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C 2701 note);
(2) on another publicly available website of the Department
of Defense; or
(3) in the Federal Register.
(d) Local Notification.--Prior to conducting any testing of
water for perfluoroalkyl or polyfluoroalkyl substances,
including any testing which has not been planned or publicly
disclosed pursuant to subsection (b), the Secretary of
Defense shall provide notice of the testing to--
(1) the managers of the public water system serving the
covered area where such testing is to occur;
(2) the heads of the municipal government serving the
covered area where such testing is to occur; and
(3) as applicable, the members of the restoration advisory
board for the military installation where such testing is to
occur.
(e) Methods for Testing.--In testing water for
perfluoroalkyl or polyfluoroalkyl substances, the Secretary
of Defense shall adhere to methods for measuring the amount
of such substances in drinking water that have been validated
by the Administrator of the Environmental Protection Agency.
(f) Definitions.--In this section:
(1) The term ``covered area'' means an area in the United
States that is located immediately adjacent to and down
gradient from a military installation, a formerly used
defense site, or a facility where military activities are
conducted by the National Guard of a State pursuant to
section 2707(e) of title 10, United States Code.
(2) The term ``formerly used defense site'' means any site
formerly used by the Department of Defense or National Guard
eligible for environmental restoration by the Secretary of
Defense funded under the ``Environmental Restoration Account,
Formerly Used Defense Sites'' account established under
section 2703(a)(5) of title 10, United States Code.
(3) The term ``military installation'' has the meaning
given such term in section 2801(c)(4) of title 10, United
States Code.
(4) The term ``perfluoroalkyl or polyfluoroalkyl
substance'' means any man-made chemical with at least one
fully fluorinated carbon atom.
(5) The term ``public water system'' has the meaning given
such term under section 1401(4) of the Safe Drinking Water
Act (42 U.S.C. 300f(4)).
(6) The term ``restoration advisory board'' means a
restoration advisory board established pursuant to section
2705(d) of title 10, United States Code.
SEC. 320. PFAS TESTING REQUIREMENTS.
Not later than two years after the date of the enactment of
this Act, the Secretary of Defense shall complete a
preliminary assessment and site inspection for PFAS,
including testing for PFAS, at all military installations,
formerly used defense sites, and State-owned facilities of
the National Guard in the United States that have been
identified by the Secretary as of the date of the enactment
of the Act.
SEC. 321. STANDARDS FOR RESPONSE ACTIONS WITH RESPECT TO PFAS
CONTAMINATION.
(a) In General.--In conducting a response action to address
perfluoroalkyl or polyfluoroalkyl substance contamination
from Department of Defense or National Guard activities, the
Secretary of Defense shall conduct such actions to achieve a
level of such substances in the environmental media that
meets or exceeds the most stringent of the following
standards for each applicable covered PFAS substance in any
environmental media:
(1) A State standard, in effect in the State in which the
response action is being conducted, as described in section
121(d)(2)(A)(ii) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9621(d)(2)(A)(ii)).
(2) A Federal standard, as described in section
121(d)(2)(A)(i) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9621(d)(2)(A)(i)).
(3) A health advisory under section 1412(b)(1)(F) of the
Safe Drinking Water Act (42 U.S.C. 300g-1(b)(1)(F)).
(b) Definitions.--In this section:
(1) The term ``covered PFAS substance'' means any of the
following:
(A) Perfluorononanoic acid (PFNA).
(B) Perfluorooctanoic acid (PFOA).
(C) Perfluorohexanoic acid (PFHxA).
(D) Perfluorooctane sulfonic acid (PFOS).
(E) Perfluorohexane sulfonate (PFHxS).
(F) Perfluorobutane sulfonic acid (PFBS).
(G) GenX.
(2) The term ``response action'' means an action taken
pursuant to section 104 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(c) Savings Clause.--Except with respect to the specific
level required to be met under subsection (a), nothing in
this section affects the application of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9607).
SEC. 322. REVIEW AND GUIDANCE RELATING TO PREVENTION AND
MITIGATION OF SPILLS OF AQUEOUS FILM-FORMING
FOAM.
(a) Review Required.--Not later than 180 days of after the
date of the enactment of this Act, the Secretary of Defense
shall complete a review of the efforts of the Department of
Defense to prevent or mitigate spills of aqueous film-forming
foam (in this section referred to as ``AFFF''). Such review
shall assess the following:
(1) The preventative maintenance guidelines for fire trucks
of the Department and fire suppression systems in buildings
of the Department, to mitigate the risk of equipment failure
that may result in a spill of AFFF.
(2) Any requirements for the use of personal protective
equipment by personnel when conducting a material transfer or
maintenance activity of the Department that may result in a
spill of AFFF, or when conducting remediation activities for
such a spill, including requirements for side-shield safety
glasses, latex gloves, and respiratory protection equipment.
(3) The methods by which the Secretary ensures compliance
with guidance specified in material safety data sheets with
respect to the use of such personal protective equipment.
(b) Guidance.--Not later than 90 days after the date on
which the Secretary completes the review under subsection
(a), the Secretary shall issue guidance on the prevention and
mitigation of spills of AFFF based on the results of such
review that includes, at a minimum, best practices and
recommended requirements to ensure the following:
(1) The supervision by personnel trained in responding to
spills of AFFF of each material transfer or maintenance
activity of the Department of Defense that may result in such
a spill.
(2) The use of containment berms and the covering of storm
drains and catch basins by personnel performing maintenance
activities for the Department in the vicinity of such drains
or basins.
(3) The storage of materials for the cleanup and
containment of AFFF in close proximity to fire suppression
systems in buildings of the Department and the presence of
such materials during any transfer or activity specified in
paragraph (1).
(c) Briefing.--Not later than 30 days after the date on
which the Secretary issues the guidance under subsection (b),
the Secretary shall provide to the congressional defense
committees a briefing that summarizes the results of the
review conducted under subsection (a) and the guidance issued
under subsection (b).
SEC. 323. BUDGET INFORMATION FOR ALTERNATIVES TO BURN PITS.
The Secretary of Defense shall include in the budget
submission of the President under section 1105(a) of title
31, United States Code, for fiscal year 2022 a dedicated
budget line item for incinerators and waste-to-energy waste
disposal alternatives to burn pits.
SEC. 324. ESTABLISHMENT OF EMISSIONS CONTROL STANDARD
OPERATING PROCEDURES.
(a) Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct
a review of current electromagnetic spectrum emissions
control standard operating procedures across the joint force.
(b) Standards Required.--Not later than 60 days after
completing the review under subsection (a), the Secretary of
Defense shall direct the Secretary of each of the military
departments to establish standard operating procedures, down
to the battalion or equivalent level, pertaining to emissions
control discipline during all manner of operations.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on the implementation status of
the standards required under subsection (b) by each of the
military departments, including--
(1) incorporation into doctrine of the military
departments;
(2) integration into training of the military departments;
and
(3) efforts to coordinate with the militaries of partner
countries and allies to develop similar standards and
associated protocols, including through the use of working
groups.
SEC. 325. LONG-DURATION DEMONSTRATION INITIATIVE AND JOINT
PROGRAM.
(a) Establishment of Initiative.--Not later than March 1,
2022, the Secretary of Defense shall establish a
demonstration initiative composed of demonstration projects
focused on the development of long-duration energy storage
technologies.
(b) Selection of Projects.--To the maximum extent
practicable, in selecting demonstration projects to
participate in the demonstration initiative under subsection
(a), the Secretary of Defense shall--
(1) ensure a range of technology types;
(2) ensure regional diversity among projects; and
(3) consider bulk power level, distribution power level,
behind-the-meter, microgrid (grid-connected or islanded
mode), and off-grid applications.
(c) Joint Program.--
(1) Establishment.--As part of the demonstration initiative
under subsection (a), the Secretary of Defense, in
consultation with the Secretary of Energy, shall establish
within the Department of Defense a joint program to carry out
projects--
(A) to demonstrate promising long-duration energy storage
technologies at different scales to promote energy
resiliency; and
(B) to help new, innovative long-duration energy storage
technologies become commercially viable.
(2) Memorandum of understanding.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall enter into a memorandum of understanding with
the Secretary of Energy to administer the joint program.
(3) Infrastructure.--In carrying out the joint program, the
Secretary of Defense and the Secretary of Energy shall--
[[Page H4615]]
(A) use existing test-bed infrastructure at--
(i) installations of the Department of Defense; and
(ii) facilities of the Department of Energy; and
(B) develop new infrastructure for identified projects, if
appropriate.
(4) Goals and metrics.--The Secretary of Defense and the
Secretary of Energy shall develop goals and metrics for
technological progress under the joint program consistent
with energy resilience and energy security policies.
(5) Selection of projects.--
(A) In general.--To the maximum extent practicable, in
selecting projects to participate in the joint program, the
Secretary of Defense and the Secretary of Energy may--
(i) ensure that projects are carried out under conditions
that represent a variety of environments with different
physical conditions and market constraints; and
(ii) ensure an appropriate balance of--
(I) larger, operationally-scaled projects, adapting
commercially-proven technology that meets military service
defined requirements; and
(II) smaller, lower-cost projects.
(B) Priority.--In carrying out the joint program, the
Secretary of Defense and the Secretary of Energy shall give
priority to demonstration projects that--
(i) make available to the public project information that
will accelerate deployment of long-duration energy storage
technologies that promote energy resiliency; and
(ii) will be carried out as field demonstrations fully
integrated into the installation grid at an operational
scale.
SEC. 326. PILOT PROGRAM ON USE OF SUSTAINABLE AVIATION FUEL.
(a) In General.--The Secretary of Defense shall conduct a
pilot program at two or more geographically diverse
Department of Defense facilities for the use of sustainable
aviation fuel. Such program shall be designed to--
(1) identify any logistical challenges with respect to the
use of sustainable aviation fuel by the Department of
Defense;
(2) promote understanding of the technical and performance
characteristics of sustainable aviation fuel when used in a
military setting; and
(3) engage nearby commercial airports to explore
opportunities and challenges to partner on increased use of
sustainable aviation fuel.
(b) Selection of Facilities.--
(1) Selection.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
select at least two geographically diverse Department
facilities at which to carry out the pilot program. At least
one such facility shall be a facility with an onsite refinery
that is located in proximity to at least one major commercial
airport that is also actively seeking to increase the use of
sustainable aviation fuel.
(2) Notice to congress.--Upon the selection of each
facility under paragraph (1), the Secretary shall submit to
the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives notice of the selection, including an
identification of the facility selected.
(c) Use of Sustainable Aviation Fuel.--
(1) Plans.--For each facility selected under subsection
(b), not later than one year after the selection of the
facility, the Secretary shall--
(A) develop a plan on how to implement, by September 30,
2028, a target of exclusively using at the facility aviation
fuel that is blended to contain at least 10 percent
sustainable aviation fuel;
(B) submit the plan to the Committee on Armed Services and
the Committee on Transportation and Infrastructure of the
House of Representatives; and
(C) provide to such Committees a briefing on the plan that
includes, at a minimum--
(i) a description of any operational, infrastructure, or
logistical requirements and recommendations for the blending
and use of sustainable aviation fuel; and
(ii) a description of any stakeholder engagement in the
development of the plan, including any consultations with
nearby commercial airport owners or operators.
(2) Implementation of plans.--For each facility selected
under subsection (b), during the period beginning on a date
that is not later than September 30, 2028, and for five years
thereafter, the Secretary shall require, in accordance with
the respective plan developed under paragraph (1), the
exclusive use at the facility of aviation fuel that is
blended to contain at least 10 percent sustainable aviation
fuel.
(d) Criteria for Sustainable Aviation Fuel.--Sustainable
aviation fuel used under the pilot program shall meet the
following criteria:
(1) Such fuel shall be produced in the United States from
non-agricultural and non-food-based domestic feedstock
sources.
(2) Such fuel shall constitute drop-in fuel that meets all
specifications and performance requirements of the Department
of Defense and the Armed Forces.
(e) Waiver.--The Secretary may waive the use of sustainable
aviation fuel at a facility under the pilot program if the
Secretary--
(1) determines such use is not feasible due to a lack of
domestic availability of sustainable aviation fuel or a
national security contingency; and
(2) submits to the congressional defense committees notice
of such waiver and the reasons for such waiver.
(f) Final Report.--At the conclusion of the pilot program,
the Assistant Secretary of Defense for Energy, Installations,
and Environment shall submit to the Committee on Armed
Services and the Committee on Transportation and
Infrastructure of the House of Representatives a final report
on the pilot program. Such report shall include each of the
following:
(1) An assessment of the effect of using sustainable
aviation fuel on the overall fuel costs of blended fuel.
(2) A description of any operational, infrastructure, or
logistical requirements and recommendations for the blending
and use of sustainable aviation fuel, with a focus on scaling
up military-wide adoption of such fuel.
(3) Recommendations with respect to how military
installations can leverage proximity to commercial airports
and other jet fuel consumers to increase the rate of use of
sustainable aviation fuel, for both military and non-military
use, including potential collaboration on innovative
financing or purchasing and shared supply chain
infrastructure.
(4) A description of the effects on performance and
operation aircraft using sustainable aviation fuel
including--
(A) if used, considerations of various blending ratios and
their associated benefits;
(B) efficiency and distance improvements of flights fuels
using sustainable aviation fuel;
(C) weight savings on large transportation aircraft and
other types of aircraft with using blended fuel with higher
concentrations of sustainable aviation fuel;
(D) maintenance benefits of using sustainable aviation
fuel, including engine longevity;
(E) the effect of the use of sustainable aviation fuel on
emissions and air quality;
(F) the effect of the use of sustainable aviation fuel on
the environment and on surrounding communities, including
environmental justice factors that are created by the demand
for and use of sustainable aviation fuel by the Department of
Defense; and
(G) benefits with respect to job creation in the
sustainable aviation fuel production and supply chain.
(g) Sustainable Aviation Fuel Defined.--In this section,
the term ``sustainable aviation fuel'' means liquid fuel
that--
(1) consists of synthesized hydrocarbon;
(2) meets the requirements of--
(A) ASTM International Standard D7566 (or such successor
standard); or
(B) the co-processing provisions of ASTM International
Standard D1655, Annex A1 (or such successor standard);
(3) is derived from biomass (as such term is defined in
section 45K(c)(3) of the Internal Revenue Code of 1986),
waste streams, renewable energy sources, or gaseous carbon
oxides;
(4) is not derived from palm fatty acid distillates; and
(5) conforms to the standards, recommended practices,
requirements and criteria, supporting documents,
implementation elements, and any other technical guidance,
for sustainable aviation fuels that are adopted by the
International Civil Aviation Organization with the agreement
of the United States.
SEC. 327. JOINT DEPARTMENT OF DEFENSE AND DEPARTMENT OF
AGRICULTURE STUDY ON BIOREMEDIATION OF PFAS
USING MYCOLOGICAL ORGANIC MATTER.
(a) Study.--The Secretary of Defense, acting through the
Assistant Secretary of Defense for Energy, Installations, and
Environment, Strategic Environmental Research and Development
Program, and the Secretary of Agriculture, acting through the
Administrator of the Agricultural Research Service, shall
jointly carry out a study on the bioremediation of PFAS using
mycological organic matter. Such study shall commence not
later than one year after the date of the enactment of this
Act.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of Agriculture shall jointly submit to the
Committee on Agriculture and the Committee on Armed Services
of the House or Representatives and the Committee on
Agriculture, Forestry, and Nutrition and the Committee on
Armed Services of the Senate a report on the study conducted
pursuant to subsection (a).
(c) PFAS.--In this section, the term ``PFAS'' means per-
and polyfluoroalkyl substances.
Subtitle C--Logistics and Sustainment
SEC. 341. MITIGATION OF CONTESTED LOGISTICS CHALLENGES OF THE
DEPARTMENT OF DEFENSE THROUGH REDUCTION OF
OPERATIONAL ENERGY DEMAND.
(a) Clarification of Operational Energy Responsibilities.--
Section 2926 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``in contested
logistics environments'' after ``missions''; and
(2) in subsection (b)--
(A) in the heading, by striking ``Authorities'' and
inserting ``Responsibilities'';
(B) in the matter preceding paragraph (1), by striking
``may'' and inserting ``shall'';
(C) by amending paragraph (1) to read as follows:
``(1) require the Secretaries concerned and the commanders
of the combatant commands to assess the energy supportability
in contested logistics environments of systems, capabilities,
and plans;'';
(D) in paragraph (2), by inserting `` supportability in
contested logistics environments,'' after ``power,''; and
(E) in paragraph (3), by inserting ``in contested logistics
environments'' after ``vulnerabilities''.
(b) Establishment of Working Group.--Such section is
further amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by inserting ``
and in coordination with the working group under subsection
(d)'' after ``components'';
(B) in paragraph (1), by striking ``Defense and oversee''
and inserting ``Defense, including the activities of the
working group established under subsection (d), and
oversee'';
(C) in paragraph (2), by inserting ``, taking into account
the findings of the working group under subsection (d)''
after ``Defense''; and
[[Page H4616]]
(D) paragraph (3), by inserting ``, taking into account the
findings of the working group under subsection (d)'' after
``resilience'';
(2) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively;
(3) by inserting after subsection (c), as amended by
paragraph (1), the following new subsection:
``(d) Working Group.--(1) The Secretary of Defense shall
establish a working group to integrate efforts to mitigate
contested logistics challenges through the reduction of
operational energy demand that are carried out within each
armed force, across the armed forces, and with the Office of
the Secretary of Defense and to conduct other coordinated
functions relating to such efforts.
``(2) The head of the working group under paragraph (1)
shall be the Assistant Secretary of Defense for Energy,
Installations, and Environment. The Assistant Secretary shall
supervise the members of the working group and provide
guidance to such members with respect to specific operational
energy plans and programs to be carried out pursuant to the
strategy under subsection (e).
``(3) The members of the working group under paragraph (1)
shall be appointed as follows:
``(A) A senior official of each armed force, who shall be
nominated by the Secretary concerned and confirmed by the
Senate to represent such armed force.
``(B) A senior official from each geographic and functional
combatant command, who shall be appointed by the commander of
the respective combatant command to represent such combatant
command.
``(C) A senior official under the jurisdiction of the
Chairman of the Joint Chiefs of Staff, who shall be appointed
by the Chairman to represent the Joint Chiefs of Staff and
the Joint Staff.
``(4) Each member of the working group shall be responsible
for carrying out operational energy plans and programs and
implementing coordinated initiatives pursuant to the strategy
under subsection (e) for the respective component of the
Department that the member represents.
``(5) The duties of the working group under paragraph (1)
shall be as follows:
``(A) Planning for the integration of efforts to mitigate
contested logistics challenges through the reduction of
operational energy demand carried out within each armed
force, across the armed forces, and with the Office of the
Secretary of Defense.
``(B) Developing recommendations regarding the strategy for
operational energy under subsection (e).
``(C) Developing recommendations relating to the
development of, and modernization efforts for, platforms and
weapons systems of the armed forces.
``(D) Developing recommendations to ensure that such
development and modernization efforts lead to increased
lethality, extended range, and extended on-station time for
tactical assets.
``(E) Developing recommendations to mitigate the effects of
hostile action by a near-peer adversary targeting operational
energy storage and operations of the armed forces, including
through the use of innovative delivery systems, distributed
storage, flexible contracting, and improved automation.'';
and
(4) in subsection (g), as redesignated by paragraph (2)--
(A) in paragraph (1)--
(i) by striking ``The Secretary of a military department''
and inserting ``Each member of the working group under
subsection (d)''; and
(ii) by striking ``conducted by the military department''
and inserting ``conducted by the respective component of the
Department that the member represents for purposes of the
working group''; and
(B) in paragraph (2), by striking ``military department''
and inserting ``armed force''.
(c) Modifications to Operational Energy Strategy.--
Subsection (e) of such section, as redesignated by subsection
(b)(2), is amended to read as follows:
``(1) The Assistant Secretary of Defense for Energy,
Installations, and Environment, in coordination with the
working group under subsection (d), shall be responsible for
the establishment and maintenance of a department-wide
transformational strategy for operational energy. The
strategy shall be updated every five years and shall
establish near-term, mid-term, and long-term goals,
performance metrics to measure progress in meeting the goals,
and a plan for implementation of the strategy within each
armed force, across the armed forces, and with the Office of
the Secretary of Defense.
``(2) The strategy required under paragraph (1) shall
include the following:
``(A) A plan to integrate efforts to mitigate contested
logistics challenges through the reduction of operational
energy demand within each armed force.
``(B) An assessment of how industry trends transitioning
from the production of internal combustion engines to the
development and production of alternative propulsion systems
may affect the long-term availability of parts for military
equipment, the fuel costs for such equipment, and the
sustainability of such equipment.
``(C) An assessment of any fossil fuel reduction
technologies, including electric, hydrogen, or other
sustainable fuel technologies, that may reduce operational
energy demand in the near-term or long-term.
``(D) An assessment of any risks or opportunities related
to the development of tactical vehicles or other military
equipment that use alternative propulsion systems, including
any such risks or opportunities with respect the supply chain
or resupply capabilities of the armed forces or the
congruence of such systems with the systems used by allies of
the United States.
``(E) An assessment of how the Secretaries concerned and
the commanders of the combatant commands can better plan for
challenges presented by near-peer adversaries in a contested
logistics environment, including through innovative delivery
systems, distributed storage, flexible contracting, and
improved automation.
``(F) An assessment of any infrastructure investments of
allied and partner countries that may affect operational
energy availability in the event of a conflict with a near-
peer adversary.
``(3) By authority of the Secretary of Defense, and taking
into consideration the findings of the working group, the
Assistant Secretary shall prescribe policies and procedures
for the implementation of the strategy and make
recommendations to the Secretary of Defense and Deputy
Secretary of Defense with respect to specific operational
energy plans and programs to be carried out pursuant to the
strategy.
``(4) Not later than 30 days after the date on which the
budget for fiscal year 2024 is submitted to Congress pursuant
to section 1105 of title 31, and every five years thereafter,
the Assistant Secretary shall submit to the congressional
defense committees the strategy required under paragraph
(1).''.
(d) Definitions.--Such section is further amended by adding
at the end the following new subsection:
``(h) Definitions.--In this section:
``(1) The term `contested logistics environment' means an
environment in which the armed forces engage in conflict with
an adversary that presents challenges in all domains and
directly targets logistics operations, facilities, and
activities in the United States, abroad, or in transit from
one location to the other.
``(2) The term `tactical vehicle' means a vehicle owned by
the Department of Defense or the armed forces and used in
combat, combat support, combat service support, tactical, or
relief operations, or in training for such operations.''.
(e) Conforming Amendment.--Section 2926(c)(5) of title 10,
United States Code, is amended by striking ``subsection
(e)(4)'' and inserting ``subsection (f)(4)''.
(f) Interim Report.--Not later than 180 days after the date
of the enactment of this Act, the Assistant Secretary of
Defense for Energy, Installations, and Environment shall
submit to the congressional defense committees an interim
report on any actions taken pursuant to the amendments made
by this section. Such report shall include an update
regarding the establishment of the working group under
section 2926(d) of title 10, United States Code, as amended
by subsection (b).
SEC. 342. GLOBAL BULK FUEL MANAGEMENT AND DELIVERY.
(a) Designation of Responsible Combatant Command.--
(1) Designation required.--Subchapter III of chapter 173 of
title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 2927. Global bulk fuel management and delivery
``The Secretary of Defense shall designate a combatant
command to be responsible for bulk fuel management and
delivery of the Department on a global basis.''.
(2) Clerical amendment.--The table of contents for such
subchapter is amended by adding at the end the following new
item:
``2927. Global bulk fuel management and delivery.''.
(3) Deadline for designation; notice.--Not later than 30
days after the date of the enactment of this Act, the
Secretary of Defense shall--
(A) make the designation required under section 2927 of
title 10, United States Code (as added by paragraph (1)); and
(B) provide to the Committees on Armed Services of the
Senate and the House of Representatives notice of the
combatant command so designated.
(b) Global Bulk Fuel Management Strategy.--
(1) Strategy required.--The commander of the combatant
command designated under section 2927 of title 10, United
States Code (as added by subsection (a)), shall prepare and
submit to the congressional defense committees a strategy to
develop the infrastructure and programs necessary to
optimally support global bulk fuel management of the
Department of Defense.
(2) Additional elements.--The strategy under paragraph (1)
shall include the following additional elements:
(A) A description of the current organizational
responsibility for bulk fuel management of the Department,
organized by geographic combatant command, including with
respect to ordering, storage, and strategic and tactical
transportation.
(B) A description of any legacy bulk fuel management assets
of each of the geographic combatant commands.
(C) A description of the operational plan to exercise such
assets to ensure full functionality and to repair, upgrade,
or replace such assets as necessary.
(D) An identification of the resources required for any
such repairs, upgrades, or replacements.
(E) A description of the current programs relating to
platforms, weapon systems, or research and development, that
are aimed at managing fuel constraints by decreasing demand
for fuel.
(F) An assessment of current and projected threats to
forward-based bulk fuel delivery, storage, and distribution
systems, and an assessment, based on such current and
projected threats, of attrition to bulk fuel infrastructure,
including storage and distribution systems, in a conflict
involving near-peer foreign countries.
(G) An assessment of current days of supply guidance,
petroleum war reserve requirements, and prepositioned war
reserve stocks, based on operational tempo associated with
distributed operations in a contested environment.
[[Page H4617]]
(H) An identification of the resources required to address
any changes to such guidance, requirements, or stocks
recommended as the result of such assessment.
(I) An identification of any global shortfall with respect
to bulk fuel management, organized by geographic combatant
command, and a prioritized list of investment recommendations
to address each shortfall identified.
(3) Coordination.--In preparing the strategy under
paragraph (1), the commander of the combatant command
specified in such paragraph shall coordinate with subject
matter experts of the Joint Staff, the geographic combatant
commands, the United States Transportation Command, the
Defense Logistics Agency, and the military departments.
(c) Limitation on Availability of Funds for Defense
Logistics Agency (Energy).--Of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2022 for the Defense Logistics Agency (Energy),
not more than 50 percent may be obligated or expended before
the date on which the notice under subsection (a)(3)(B) is
provided.
(d) Conforming Amendments.--Section 2854 of the Military
Construction Authorization Act for Fiscal Year 2021 (Public
Law 116-283) is amended--
(1) in subsection (b), by striking ``The organizational
element designated pursuant to subsection (a)'' and inserting
``The Secretary of Defense'';
(2) in subsection (c), by striking ``subsection (b)'' and
inserting ``subsection (a)'';
(3) by striking subsections (a) and (d); and
(4) by redesignating subsections (b) and (c), as amended by
paragraphs (1) and (2), as subsections (a) and (b),
respectively.
SEC. 343. COMPTROLLER GENERAL ANNUAL REVIEWS OF F-35
SUSTAINMENT EFFORTS.
(a) Annual Reviews and Briefings.--Not later than March 1
of each year of 2022, 2023, 2024, and 2025, the Comptroller
General of the United States shall--
(1) conduct an annual review of the sustainment efforts of
the Department of Defense with respect to the F-35 aircraft
program (including the air vehicle and propulsion elements of
such program); and
(2) provide to the Committee on Armed Services of the House
of Representatives a briefing on such review, including any
findings of the Comptroller General as a result of such
review.
(b) Elements.--Each review under subsection (a)(1) shall
include an assessment of the following:
(1) The status of the sustainment strategy of the
Department for the F-35 Lightning II aircraft program.
(2) The Department oversight and prime contractor
management of key sustainment functions with respect to the
F-35 aircraft program.
(3) The ability of the Department to reduce the costs, or
otherwise maintain the affordability, of the sustainment of
the F-35 fleet.
(4) Any other matters regarding the sustainment or
affordability of the F-35 aircraft program that the
Comptroller General determines to be of critical importance
to the long-term viability of such program.
(c) Reports.--Following the provision of each briefing
under subsection (a)(2), at such time as is mutually agreed
upon by the Committee on Armed Services of the House of
Representatives and the Comptroller General, the Comptroller
General shall submit to such committee a report on the
matters covered by the briefing.
SEC. 344. PILOT PROGRAM ON BIOBASED CORROSION CONTROL AND
MITIGATION.
(a) Pilot Program.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall
commence a one-year pilot program to test and evaluate the
use of covered biobased solutions as alternatives to current
solutions for the control and mitigation of corrosion.
(b) Selection.--In carrying out the pilot program under
subsection (a), the Secretary shall select for test and
evaluation under the pilot program at least one existing
covered biobased solution.
(c) Test and Evaluation.--Following the test and evaluation
of a covered biobased solution under the pilot program, the
Secretary shall determine, based on such test and evaluation,
whether the solution meets the following requirements:
(1) The solution is capable of being produced domestically.
(2) The solution is at least as effective at the control
and mitigation of corrosion as current alternative solutions.
(3) The solution reduces environmental exposures.
(d) Recommendations.--Upon termination of the pilot program
under subsection (a), the Secretary shall develop
recommendations for the Department of Defense-wide deployment
of covered biobased solutions that the Secretary has
determined meet the requirements under subsection (c).
(e) Covered Biobased Solution Defined.--In this section,
the term ``covered biobased solution'' means a solution for
the control and mitigation of corrosion that is domestically
produced, commercial, and biobased.
SEC. 345. PILOT PROGRAM ON DIGITAL OPTIMIZATION OF ORGANIC
INDUSTRIAL BASE MAINTENANCE AND REPAIR
OPERATIONS.
(a) In General.--Beginning not later than 180 days after
the date of the enactment of this Act, The Secretary of the
Defense shall initiate a pilot program under which the
Secretary shall provide for the digitization of the
facilities and operations of at least one covered depot.
(b) Elements of Pilot Program.--In carrying out the pilot
program under this section, the Secretary shall provide for
each of the following at the covered depot or depots at which
the Secretary carries out the program:
(1) The delivery of a digital twin model of the
maintenance, repair, and remanufacturing infrastructure and
activities.
(2) The modeling and simulation of optimized facility
configuration, logistics systems, and processes.
(3) The analysis of material flow and resource use to
achieve key performance metrics for all levels of maintenance
and repair.
(4) An assessment of automated, advanced, and additive
manufacturing technologies that could improve maintenance,
repair, and remanufacturing operations.
(5) The identification of investments necessary to achieve
the efficiencies identified by the digital twin model
required under paragraph (1).
(c) Report.--Not later than 60 days after the completion of
the digital twin model and associated analysis, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on
the pilot program. Such report shall include--
(1) a description of the efficiencies identified under the
pilot program;
(2) a description of the infrastructure, workforce, and
capital equipment investments necessary to achieve such
efficiencies;
(3) the plan of the Secretary to undertake such
investments; and
(4) the assessment of the Secretary of the potential
applicability of the findings of the pilot program to other
covered depots.
(d) Covered Depot Defined.--In this section, the term
``covered depot'' includes any depot covered under section
2476(e) of title 10, United States Code, except for the
following:
(1) Portsmouth Naval Shipyard, Maine.
(2) Pearl Harbor Naval Shipyard, Hawaii.
(3) Puget Sound Naval Shipyard, Washington.
(4) Norfolk Naval Shipyard, Virginia.
SEC. 346. PILOT PROGRAM ON IMPLEMENTATION OF MITIGATING
ACTIONS TO ADDRESS VULNERABILITIES TO CRITICAL
DEFENSE FACILITIES AND ASSOCIATED DEFENSE
CRITICAL ELECTRIC INFRASTRUCTURE.
(a) Two-year Pilot Authorized.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretary of Energy, the Secretaries of each of the
military departments, and the Secretary of the department in
which the Coast Guard is operating, shall carry out a two-
year pilot program under which the Secretary shall implement
mitigating actions to address vulnerabilities assessed under
section 215A of the Federal Power Act (16 U.S.C. 824o-1) at
critical defense facilities and their associated defense
critical electric infrastructure, after consultation with,
and with the consent of, the owners of such facilities and
infrastructure.
(2) Use of grant authority.--In carrying out the pilot
program, the Secretary of Defense may make grants, enter into
cooperative agreements, and supplement funds available under
Federal programs administered by agencies other than the
Department of Defense to support mitigating actions under
this section.
(b) Selection of Installations.--The Secretary of Defense
shall select at least three military installations designated
as critical defense facilities at which to carry out the
pilot program under this section. In selecting such
installations, the Secretary shall--
(1) ensure that at least one of the military installations
selected is an installation of each of Armed Forces;
(2) select installations that represent different
challenges or severities with respect to electric
infrastructure vulnerability;
(3) select at least one critical defense facility within
the service territory of a Power Marketing Administration;
(4) provide particular consideration for critical defense
facilities and the associated defense critical electric
infrastructure that use rural cooperatives or municipal
entities for their electricity needs; and
(5) provide particular consideration for critical defense
facilities and defense critical electric infrastructure that
have completed an assessment of vulnerabilities and
resilience requirements in coordination with the Secretary of
Defense and the Secretary of Energy.
(c) Comptroller General Review.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Comptroller General of the
United States shall--
(A) conduct a review of the pilot program under this
section; and
(B) submit to the appropriate congressional committees a
report on the results of the review.
(2) Contents.--The review required under this subsection
shall include an assessment of the effectiveness of the
mitigating actions taken under the pilot program and the
feasibility of expanding the implementation of such
mitigating actions at other installations identified under
section 215A(a)(4) of the Federal Power Act (16 U.S.C. 824o-
1(a)(4)).
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the Committee on
Energy and Commerce of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
Energy and Natural Resources of the Senate.
(2) The term ``defense critical electric infrastructure''
has the meaning given such term under section 215A(a)(4) of
the Federal Power Act (16 U.S.C. 824o-1(a)(4)).
(3) The term ``critical defense facility'' means a facility
designated as a critical defense facility under section
215A(c) of the Federal Power Act (16 U.S.C. 824o-1(c)).
(4) The term ``mitigating action'' means any energy
resiliency solution applied that is consistent with an
assessed strategy to reduce
[[Page H4618]]
vulnerabilities at critical defense facilities and associated
defense critical electric infrastructure.
SEC. 347. REPORT AND CERTIFICATION REQUIREMENTS REGARDING
SUSTAINMENT COSTS FOR F-35 AIRCRAFT PROGRAM.
(a) Report.--Not later than March 1, 2022, the Secretary of
Defense shall submit to the congressional defense committees
a report on sustainment costs for the F-35 aircraft program.
Such report shall include the following:
(1) A detailed description and explanation of, and the
actual cost data related to, sustainment costs for the F-35
aircraft program, including an identification and assessment
of cost elements attributable to the Federal Government or to
contractors (disaggregated by the entity responsible for each
portion of the cost element, including at the prime
contractor and major subcontractor levels) with respect to
such sustainment costs.
(2) An identification of the affordability targets of the
Air Force, Navy, and Marine Corps, respectively, for
sustainment costs for the F-35 aircraft program (expressed in
cost per tail per year format and disaggregated by aircraft
variant) for the following years:
(A) With respect to the affordability target of the Air
Force, for the year in which the Secretary of the Air Force
completes the procurement of the program of record number of
F-35 aircraft for the Air Force.
(B) With respect to the affordability target of the Navy,
for the year in which the Secretary of the Navy completes the
procurement of the program of record number of F-35 aircraft
for the Navy; and
(C) With respect to the affordability target of the Marine
Corps, for the year in which the Secretary of the Navy
completes the procurement of the program of record number of
F-35 aircraft for the Marine Corps.
(3) A detailed plan for the reduction of sustainment costs
for the F-35 aircraft program to achieve the affordability
targets specified in paragraph (2), including a plan for
contractors to reduce their portion of such sustainment
costs.
(4) An identification of sustainment cost metrics for the
F-35 aircraft program for each of fiscal years 2022 through
2026, expressed in cost per tail per year format.
(b) Annual Certification.--
(1) Certifications.--Not later than December 31 of each of
the years 2022 through 2026, the Secretary of Defense shall
submit to the congressional defense committees a
certification indicating whether the F-35 aircraft program
met the sustainment cost metrics identified pursuant to
subsection (a)(4) with respect to the fiscal year for which
the report is submitted.
(2) Justification.--If a certification under paragraph (1)
indicates that the sustainment cost metrics for the
respective year were not met, the Secretary shall submit to
the congressional defense committees a detailed justification
for the outcome.
(c) Limitation on Certain Contracts.--The Secretary of
Defense may not enter into a performance-based logistics
contract for the sustainment of the F-35 aircraft program
until the Secretary submits to the congressional defense
committees a certification that--
(1) the F-35 aircraft program has met the sustainment cost
metrics identified pursuant to subsection (a)(4) for two
consecutive fiscal years, as indicated by two consecutive
certifications submitted under subsection (b)(1); and
(2) the Secretary has determined that such a performance-
based logistics contract will further reduce sustainment
costs for the F-35 aircraft program.
(d) Cost Per Tail Per Year Defined.--In this section, the
term ``cost per tail per year'' means the average annual
operating and support cost (as estimated pursuant to a
formula determined by the Secretary) per aircraft.
Subtitle D--Risk Mitigation and Safety Improvement
SEC. 351. TREATMENT OF NOTICE OF PRESUMED RISK ISSUED BY
MILITARY AVIATION AND INSTALLATION ASSURANCE
CLEARINGHOUSE FOR REVIEW OF MISSION
OBSTRUCTIONS.
Subparagraph (B) of paragraph (2) of subsection (C) of
section 183a of title 10, United States Code, is amended to
read as follows:
``(B) A notice of presumed risk issued pursuant to
subparagraph (A) is a preliminary assessment only and is not
a finding of unacceptable risk under subsection (e). A
discussion of mitigation actions could resolve the concerns
identified by the Department in the preliminary assessment in
favor of the applicant.''.
SEC. 352. ESTABLISHMENT OF JOINT SAFETY COUNCIL.
(a) In General.--Chapter 7 of title 10, United States Code,
is amended by inserting after section 183a the following new
section:
``Sec. 184. Joint Safety Council
``(a) In General.--There is established, within the Office
of the Deputy Secretary of Defense, a Joint Safety Council
(in this section referred to as the `Council').
``(b) Composition; Appointment; Compensation.--(1) The
Council shall include the following voting members:
``(A) The Vice Chief of Staff of the Army.
``(B) The Vice Chief of Staff of the Air Force.
``(C) The Vice Chief of Naval Operations.
``(D) The Assistant Commandant of the Marine Corps.
``(E) The Vice Chief of Space Operations.
``(F) A member of the Senior Executive Service from the
Office of the Under Secretary of Defense for Personnel and
Readiness, appointed by the Deputy Secretary of Defense.
``(G) A member of the Senior Executive Service from the
Office of the Under Secretary for Research and Engineering,
appointed by the Deputy Secretary of Defense.
``(H) A member of the Senior Executive Service from the
Office of the Under Secretary for Acquisition and
Sustainment, appointed by the Deputy Secretary of Defense.
``(2) The Council shall include the following non-voting
members:
``(A) The Director of Safety for the Department of the
Army, who shall be appointed by the Secretary of the Army.
``(B) The Director of Safety for the Department of the Air
Force, who shall be appointed by the Secretary of the Air
Force.
``(C) The Director of Safety for the Department of the
Navy, who shall be appointed by the Secretary of the Navy.
``(D) The Deputy Assistant Secretary of Defense for Force
Safety and Occupational Health, appointed by the Deputy
Secretary of Defense as the Executive Secretary.
``(3)(A) Members of the Council serve at the will of the
official who appointed them.
``(B) Vacancies on the Council shall be filled in the same
manner as the original appointment.
``(4) Members of the Council may not receive additional
pay, allowances, or benefits by reason of their service on
the Council.
``(c) Chair and Vice Chair.--(1) The Secretary of Defense,
or the Secretary's designee, shall select one of the members
of the Council who is a member of the armed forces to serve
as Chair of the Council. Unless earlier removed, the Chair
shall serve for a term of two years. The Chair shall serve as
the Director of Operational and Training Safety for the
Department of Defense.
``(2) The Vice Chair shall be a person appointed under
subsection (b) who is a member of the Senior Executive
Service. The Vice Chair shall report to the Chair and shall
serve as Chair in his or her absence.
``(d) Staff.--(1) The Council may appoint staff in
accordance with section 3101 of title 5.
``(2) The Council may accept persons on detail from within
the Department of Defense and from other Federal departments
or agencies on a reimbursable or non-reimbursable basis.
``(e) Contract Authority.--The Council may enter into
contracts for the acquisition of administrative supplies,
equipment, and personnel services for use by the Council, to
the extent that funds are available for such purposes.
``(f) Procurement of Temporary and Intermittent Services.--
The Chair may procure temporary and intermittent services
under section 3109(b) of title 5 at rates for individuals
which do not exceed the daily equivalent of the annual rate
of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
``(g) Data Collection.--(1) Under regulations issued by the
Secretary of Defense, the Council shall have access to
Department of Defense databases necessary to carry out its
responsibilities, including causal factors to be used for
mishap reduction purposes.
``(2) Under regulations issued by the Secretary of Defense,
the Council may enter into agreements with the Federal
Aviation Administration, the National Transportation Safety
Board, and any other Federal agency regarding the sharing of
safety data.
``(h) Meetings.--The Council shall meet quarterly and at
the call of the Chair.
``(i) Duties.--The Council shall carry out the following
responsibilities:
``(1) Subject to subsection (j), issuing, publishing, and
updating regulations related to joint safety, including
regulations on the reporting and investigation of mishaps.
``(2) Establishing uniform data collection standards, a
centralized collection system for mishaps in the Department
of Defense, and a process for safeguarding sensitive data and
information where appropriate.
``(3) Reviewing the compliance of each military department
in adopting and using the uniform data collection standards
established under paragraph (2).
``(4) Reviewing mishap data to assess, identify, and
prioritize risk mitigation efforts and safety improvement
efforts across the Department.
``(5) Establishing standards and requirements for the
collection of equipment, simulator, training, pilot, and
operator data.
``(6) Establishing requirements for each military
department to collect and analyze any waivers issued relating
to pilot or operator qualifications or standards.
``(7) Establishing, in consultation with the heads of other
Federal departments and agencies, as appropriate, a
requirement for each military department to implement a
safety management system.
``(8) Reviewing the safety management system of each
military department and the implementation of such systems.
``(9) Reviewing and assessing civilian and commercial
safety programs and practices to determine the suitability of
such programs for implementation in the Department.
``(10) Establishing a requirement for each military
department to implement a system to monitor recommendations
made in safety and legal investigation reports to ensure
implementation of corrective actions.
``(11) Reviewing and providing feedback on the investments
of the military departments in technological solutions for
safety and mishap prevention.
``(j) Review.--The decisions and recommendations of the
Council are subject to review and approval by the Deputy
Secretary of Defense.
``(k) Report.--The Chair of the Council shall submit to the
congressional defense committees semi-annual reports on the
activities of the Council.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 183a the following new item:
``184. Joint Safety Council.''.
[[Page H4619]]
SEC. 353. MISHAP INVESTIGATION REVIEW BOARD.
(a) Proposal for Establishment of Board.--The Deputy
Secretary of Defense shall develop a proposal for the
establishment of a Mishap Investigation Review Board (in this
section referred to as the ``Board'') to provide independent
oversight and review of safety and legal investigations into
the facts and circumstances surrounding operational and
training mishaps. The proposal shall include recommendations
relating to--
(1) the size and composition of the Board;
(2) the process by which the Board would screen mishap
investigations to identify unsatisfactory, biased,
incomplete, or insufficient investigations requiring
subsequent review by the Board, including whether the Board
should review investigations meeting a predetermined
threshold (such as all fatal mishaps or all Class A mishaps);
(3) the process by which the military departments, the
Joint Safety Council established under section 352, and other
components of the Department of Defense could refer pending
or completed safety and legal investigations to the Board for
review;
(4) the process by which the Board would evaluate a
particular safety or legal investigation for accuracy,
thoroughness, and objectivity;
(5) the requirements for and process by which the convening
component of an investigation reviewed by the Board should
address the findings of the Board's review of that particular
investigation;
(6) proposed procedures for safeguarding sensitive
information collected during the investigation review
process; and
(7) how and when the Board would be required to report to
the Deputy Secretary of Defense and the Joint Safety Council
established under section 352 on the activities of the Board,
the outcomes of individual investigation reviews performed by
the Board, and the assessment of the Board regarding cross-
cutting themes and trends identified by those reviews; and
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Deputy Secretary of Defense shall
submit to the congressional defense committee the proposal
required by subsection (a) and a timeline for establishing
the Board.
SEC. 354. IMPLEMENTATION OF COMPTROLLER GENERAL
RECOMMENDATIONS ON PREVENTING TACTICAL VEHICLE
TRAINING ACCIDENTS.
(a) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, each Secretary concerned shall
submit to the congressional defense committees and to the
Comptroller General of the United States a plan to address
the recommendations in the report of the Government
Accountability Office entitled ``Army and Marine Corps Should
Take Additional Actions to Mitigate and Prevent Training
Accidents'' (GAO-21-361). Each such plan shall include, with
respect to each recommendation in such report that the
Secretary concerned has implemented or intends to implement--
(1) a summary of actions that have been or will be taken to
implement the recommendation; and
(2) a schedule, with specific milestones, for completing
implementation of the recommendation.
(b) Deadline for Implementation.--
(1) In general.--Except as provided in paragraph (2), not
later than 18 months after the date of the enactment of this
Act, each Secretary concerned shall carry out activities to
implement the plan of the Secretary developed under
subsection (a).
(2) Exception for implementation of certain
recommendations.--
(A) Delayed implementation.--A Secretary concerned may
initiate implementation of a recommendation in the report
referred to in subsection (a) after the date specified in
paragraph (1) if, on or before such date, the Secretary
provides to the congressional defense committees a specific
justification for the delay in implementation of such
recommendation.
(B) Nonimplementation.--A Secretary concerned may decide
not to implement a recommendation in the report referred to
in subsection (a) if, on or before the date specified in
paragraph (1), the Secretary provides to the congressional
defense committees--
(i) a specific justification for the decision not to
implement the recommendation; and
(ii) a summary of alternative actions the Secretary plans
to take to address the conditions underlying the
recommendation.
(c) Secretary Concerned.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of the Army, with respect to the Army;
and
(2) the Secretary of the Navy, with respect to the Navy.
SEC. 355. PILOT PROGRAM FOR TACTICAL VEHICLE SAFETY DATA
COLLECTION.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Army and the
Secretary of the Navy shall jointly carry out a pilot program
to evaluate the feasibility of using data recorders to
monitor, assess, and improve the readiness and safety of the
operation of military tactical vehicles.
(b) Purposes.--The purposes of the pilot program are--
(1) to allow for the automated identification of hazards
and potential hazards on and off military installations;
(2) to mitigate and increase awareness of hazards and
potential hazards on and off military installations;
(3) to identify near-miss accidents;
(4) to create a standardized record source for accident
investigations;
(5) to assess individual driver proficiency, risk, and
readiness;
(6) to increase consistency in the implementation of
military installation and unit-level range safety programs
across military installations and units;
(7) to evaluate the feasibility of incorporating metrics
generated from data recorders into the safety reporting
systems and to the Defense Readiness Reporting System as a
measure of assessing safety risks, mitigations, and
readiness;
(8) to determine the costs and benefits of retrofitting
data recorders on legacy platforms and including data
recorders as a requirement in acquisition of military
tactical vehicles; and
(9) any other matters as determined by the Secretary
concerned.
(c) Requirements.--In carrying out the pilot program, the
Secretaries shall--
(1) assess the feasibility of using commercial technology,
such as smartphones or technologies used by insurance
companies, as a data recorder;
(2) test and evaluate a minimum of two data recorders that
meet the pilot program requirements;
(3) select a data recorder capable of collecting and
exporting the telemetry data, event data, and driver
identification during operation and accidents;
(4) install and maintain a data recorder on a sufficient
number of each of the covered military tactical vehicles
under subsection (f) at selected installations for
statistically significant results;
(5) establish and maintain a database that contains
telemetry data, driver data, and event data captured by the
data recorder;
(6) regularly generate for each installation under the
pilot program a dataset that is viewable in widely available
mapping software of hazards and potential hazards based on
telemetry data and event data captured by the data recorders;
(7) generate actionable data sets and statistics on
individual, vehicle, and military installation;
(8) require commanders at the covered military
installations to incorporate the actionable data sets and
statistics into the installation range safety program;
(9) require unit commanders at the covered military
installations to incorporate the actionable data sets and
statistics into unit driver safety program;
(10) evaluate the feasibility of integrating data sets and
statistics to improve driver certification and licensing
based on data recorded and generated by the data recorders;
(11) use open architecture to the maximum extent
practicable; and
(12) any other activities determined by the Secretary as
necessary to meet the purposes under subsection (b).
(d) Implementation Plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretaries shall
develop a plan for implementing the pilot program required
under this section.
(e) Locations.--Each Secretary concerned shall carry out
the pilot program at not fewer than one military installation
in the United States that meets the following conditions:
(1) Contains the necessary force structure, equipment, and
maneuver training ranges to collect driver and military
tactical vehicle data during training and routine operation.
(2) Represents at a minimum one of the five training ranges
identified in the study by the Comptroller General of the
United States titled ``Army and Marine Corps Should Take
Additional Actions to Mitigate and Prevent Training
Accidents'' that did not track unit location during the
training events.
(f) Covered Military Tactical Vehicles.--The pilot program
shall cover the following military tactical vehicles:
(1) Army Strykers.
(2) Marine Corps Light Armored Vehicles.
(3) Army Medium Tactical Vehicles.
(4) Marine Corps Medium Tactical Vehicle Replacements.
(g) Metrics.--The Secretaries shall develop metrics to
evaluate the pilot program's effectiveness in monitoring,
assessing, and improving vehicle safety, driver readiness,
and mitigation of risk.
(h) Reports.--
(1) Initial.--Not later than 180 days after the date of the
enactment of this Act under this section, the Secretaries
shall jointly submit to the congressional defense committees
a report on the pilot program, addressing the plan for
implementing the requirements in subsection (c), including
the established metrics under subsection (g).
(2) Interim.--Not later than three years after the
commencement of the pilot program, the Secretaries shall
jointly submit to the congressional defense committees a
report on the status of the pilot program, including the
preliminary results in carrying out the pilot program, the
metrics generated during the pilot program, disaggregated by
military tactical vehicle, location, and service, and the
implementation plan under subsection (d).
(3) Final.--Not later than 90 days after the termination of
the pilot program, the Secretaries shall jointly submit to
the congressional defense committees a report on the results
of the program. The report shall--
(A) assess the pilot program's effectiveness in meeting the
purposes under subsection (b);
(B) include the metrics generated during the pilot program,
disaggregated by military tactical vehicle, location, and
service;
(C) include the views of range personnel, unit commanders,
and members of the Armed Forces involved in the pilot program
on the level of effectiveness of the technology selected;
(D) provide a cost estimate for equipping legacy military
tactical vehicles with data recorders;
(E) determine the instances in which data recorders should
be a requirement in the acquisition of military tactical
vehicles;
[[Page H4620]]
(F) recommend whether the pilot program should be expanded
or made into a program of record; and
(G) recommend any statutory, regulatory, or policy changes
required to support the purposes under subsection (b).
(i) Termination.--The authority to carry out the pilot
program under subsection (a) shall terminate five years after
the date of the enactment of this Act.
(j) Definitions.--In this section:
(1) The term ``accident'' means a collision, rollover, or
other mishap involving a motor vehicle.
(2) The term ``data recorder'' means technologies installed
in a motor vehicle to record driver identification, telemetry
data, and event data related to the operation of such motor
vehicle.
(3) The term ``driver identification'' means data enabling
the unique identification of the driver operating the motor
vehicle.
(4) The term ``event data'' includes data related to--
(A) the start and conclusion of each vehicle operation;
(B) a vehicle accident;
(C) a vehicle acceleration, velocity, or location with an
increased potential for an accident; or
(D) a vehicle orientation with an increased potential for
an accident.
(5) The term ``Secretary concerned'' means--
(A) the Secretary of the Army with respect to matters
concerning the Army; and
(B) the Secretary of the Navy with respect to matters
concerning the Navy and Marine Corps.
(6) The term ``telemetry data'' includes--
(A) time;
(B) vehicle distance traveled;
(C) vehicle acceleration and velocity;
(D) vehicle orientation, including roll, pitch, and yaw;
and
(E) vehicle location in a geographic coordinate system,
including elevation.
Subtitle E--Reports
SEC. 361. INCLUSION OF INFORMATION REGARDING BORROWED
MILITARY MANPOWER IN READINESS REPORTS.
(a) In General.--Section 482(b) of title 10, United States
Code, is amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new
paragraph (10):
``(11) Information regarding--
``(A) the extent to which any member of the armed forces is
diverted, temporarily assigned, or detailed outside the
member's assigned unit or away from training in order to
perform any function that had been performed by civilian
employees of the Federal Government or by contractors prior
to such diversion, temporary assignment, or detail; and
``(B) whether such function is within the scope of the
skills required for the military occupational specialty of
such member of the armed forces.''.
SEC. 362. ANNUAL REPORT ON MISSING, LOST, AND STOLEN WEAPONS,
LARGE AMOUNTS OF AMMUNITION, DESTRUCTIVE
DEVICES, AND EXPLOSIVE MATERIAL.
(a) In General.--Section 2722 of title 10, United States
Code, is amended--
(1) in the section heading, by striking ``report to
Secretary of the Treasury'' and inserting ``reporting
requirements'';
(2) in subsection (a), by inserting ``and the Director of
the Bureau of Alcohol, Tobacco, and Firearms'' after
``Secretary of the Treasury'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following new
subsection (c):
``(c) Annual Report.--Not later than December 31 each year,
the Secretary shall submit to the congressional defense
committees a report that includes, for the preceding year--
``(1) all instances of missing, lost, or stolen weapons,
large amounts of ammunition, destructive devices, or
explosive material from the stocks of the Department of
Defense;
``(2) for each item identified under paragraph (1), the
type, quantity, and serial number, broken down by armed force
and component; and
``(3) such other information the Secretary determines
appropriate.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 161 of such title is amended by striking
the item relating to section 2722 and inserting the following
new item:
``2722. Theft or loss of ammunition, destructive devices, and
explosives: reporting requirements.''.
SEC. 363. ANNUAL REPORT ON MATERIAL READINESS OF NAVY SHIPS.
Section 8674(d) of title 10, United States Code is
amended--
(1) in paragraph (1)--
(A) by striking ``submit to the'' and inserting ``provide
to the'';
(B) by inserting ``a briefing and submit to such
committees'' after ``congressional defense committees''; and
(C) by striking ``setting forth'' and inserting
``regarding'';
(2) in paragraph (2)--
(A) by striking ``in an unclassified form that is
releasable to the public without further redaction.'' and
inserting ``in--''; and
(B) by adding at the end the following new subparagraphs:
``(A) a classified form that shall be available only to the
congressional defense committees; and
``(B) an unclassified form that is releasable to the public
without further redaction''; and
(3) by striking paragraph (3).
SEC. 364. STRATEGY AND ANNUAL REPORT ON CRITICAL LANGUAGE
PROFICIENCY OF SPECIAL OPERATIONS FORCES.
(a) Five-year Strategy.--
(1) Strategy required.--Not later than 180 days after the
date of the enactment of this Act, the Assistant Secretary of
Defense for Special Operations and Low-Intensity Conflict
shall submit to the congressional defense committees a five-
year strategy to support the efforts of the Secretaries
concerned to identify individuals who have proficiency in a
critical language and to recruit and retain such individuals
in the special operations forces of Armed Forces.
(2) Elements.--The strategy under paragraph (1) shall
include the following:
(A) A baseline of foreign language proficiency requirements
to be implemented within the special operations forces,
disaggregated by Armed Force and by critical language.
(B) Annual recruitment targets for the number of candidates
with demonstrated proficiency in a critical language to be
selected for participation in the initial assessment and
qualification programs of the special operations forces.
(C) A description of current and planned efforts of the
Secretaries concerned and the Assistant Secretary to meet
such annual recruitment targets.
(D) A description of any training programs used to enhance
or maintain foreign language proficiency within the special
operations forces, including any non-governmental programs
used.
(E) An annual plan (for each of the five years covered by
the strategy) to enhance and maintain foreign language
proficiency within the special operations forces of each
Armed Force.
(F) An annual plan (for each of the five years covered by
the strategy) to retain members of the special operation
forces of each Armed Force who have proficiency in a foreign
language.
(G) A description of current and projected capabilities and
activities that the Assistant Secretary determines are
necessary to maintain proficiency in critical languages
within the special operations forces.
(H) A plan to implement a training program for members of
the special operations forces who serve in positions that the
Assistant Secretary determines require proficiency in a
critical language to support the Department of Defense in
strategic competition.
(b) Annual Report.--
(1) Reports required.--Not later than December 31, 2022,
and annually thereafter until December 31, 2027, the
Assistant Secretary of Defense for Special Operations and
Low-Intensity Conflict shall submit to the congressional
defense committees a report on the recruitment, training, and
retention of members of the special operations forces who
have proficiency in a critical language.
(2) Elements.--Each report under paragraph (1) shall
include, with respect to the year for which the report is
submitted, the following information:
(A) The number of candidates with demonstrated proficiency
in a critical language who have been selected for
participation in the initial assessment and qualification
programs of the special operations forces, disaggregated by
Armed Force of which the special operations force is a
component.
(B) A description of any variance between the number
specified in subparagraph (A) and the recruitment target
specified in the strategy under subsection (a)(2)(B) for the
corresponding year, including a justification for any such
variance.
(C) As compared to the total number of members of the
special operations forces--
(i) the percentage of such members who have maintained
proficiency in a critical language, disaggregated by Armed
Force;
(ii) the percentage of such members who are enrolled in a
critical language training program, disaggregated by Armed
Force and by critical language; and
(iii) the average proficiency rating received by such
members with respect to each critical language, disaggregated
by Armed Force.
(D) As compared to the total number of members of the
special operations force of each Armed Force who are assigned
to a unit with the primary mission of advising foreign
militaries--
(i) the percentage of such members who maintain proficiency
in a foreign language relevant to such mission; and
(ii) the percentage of such members who are enrolled in a
foreign language training program relevant to such mission.
(E) As compared to the required baseline specified in the
strategy under subsection (a)(2)(A), the percentage of
members of the special operations force who have proficiency
in a critical language, disaggregated by Armed Force and by
critical language.
(F) A description of any gaps in foreign language training
identified by the Assistant Secretary with respect to the
special operations forces.
(c) Definitions.--In this section:
(1) The term ``critical language'' means a language
identified by the Director of the National Security Education
Program as critical to national security.
(2) The term ``proficiency'' means proficiency in a
language, as assessed by the Defense Language Proficiency
Test.
(3) The term ``Secretary concerned'' has the meaning given
such term in section 101 of title 10, United States Code.
(4) The term ``special operations forces'' means forces
described under section 167(j) of title 10, United States
Code.
SEC. 365. REPORT AND BRIEFING ON APPROACH FOR CERTAIN
PROPERTIES AFFECTED BY NOISE FROM MILITARY
FLIGHT OPERATIONS.
(a) Briefing.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall provide
to the congressional defense committees a briefing on the use
and applicability of the Air Installations Compatible
[[Page H4621]]
Use Zones program to support noise mitigation and insulation
efforts for fixed wing aircraft, including any such efforts
funded under grants from the Office of Local Defense
Community Cooperation.
(b) Matters.--The briefing under subsection (a) shall
include a discussion of the following:
(1) Changes to current practices regarding Air
Installations Compatible Use Zones that are necessary to
support noise mitigation and insulation efforts relating to
existing covered facilities.
(2) The number of fixed wing aircraft facilities covered by
existing Air Installations Compatible Use Zones studies.
(3) The proportion of existing Air Installations Compatible
Use Zones studies that accurately reflect current and
reasonably foreseeable fixed wing aviation activity.
(4) Expected timelines for each military department to
develop and update all Air Installations Compatible Use Zones
studies to reflect current and reasonably foreseeable fixed
wing activity.
(5) An approximate number of covered facilities anticipated
to be within the 65 dB day-night average sound level for
installations with existing Air Installations Compatible Use
Zones studies, including such facilities specifically located
in crash zones or accident potential zones.
(6) An assessment of the viability of making eligibility to
receive funding for noise mitigation and insulation efforts
contingent on the completion of certain measures to ensure
compatibility of civilian land use activity with Air
Installations Compatible Use Zones conclusions.
(7) Any barriers to the timely review and generation of Air
Installations Compatible Use Zones studies, including with
respect to staffing and gaps in authorities.
(8) The estimated cost to develop and update required Air
Installations Compatible Use Zones practices and studies.
(9) Future opportunities to consult with local communities
affected by noise from military flight operations.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the final
outcome of the update process with respect to Air
Installations Compatible Use Zones program. Such report shall
include further details and analysis with respect to each
matter specified in subsection (b).
(d) Definitions.--In this section:
(1) The term ``Air Installations Compatible Use Zones
program'' has the meaning given such term in Department of
Defense Instruction 4165.57.
(2) The term ``covered facility'' means any--
(A) private residence;
(B) hospital;
(C) daycare facility;
(D) school; or
(E) facility the primary purpose of which is to serve
senior citizens.
SEC. 366. STUDY ON USE OF MILITARY RESOURCES TO TRANSPORT
CERTAIN INDIVIDUALS AND EFFECT ON MILITARY
READINESS.
(a) Study.--The Secretary of Defense shall--
(1) conduct a study examining the effect on military
readiness of using Department of Defense resources to
transport covered individuals; and
(2) submit to Congress a report containing the findings of
such study.
(b) Covered Individual Defined.--In this section, the term
``covered individual'' means an individual who has crossed
the southern border of the United States without
authorization.
Subtitle F--Other Matters
SEC. 371. BUDGET JUSTIFICATION FOR OPERATION AND MAINTENANCE.
(a) Subactivity Group by Future Years.--Section 233 of
title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Subactivity Groups.--The Secretary of Defense, in
consultation with the Secretary of each of the military
departments, shall include in the materials submitted to
Congress by the Secretary of Defense in support of the
President's budget, in an unclassified format, the total
amount projected for each individual subactivity group, as
detailed in the future years defense program pursuant to
section 221 of this title.''.
(b) Budget Submission Display.--Section 233 of title 10,
United States Code, is further amended by inserting after
subsection (c), as added by subsection (a), the following new
subsection:
``(d) Budget Display.--The Secretary of Defense, in
consultation with the Secretary of each of the military
departments, shall include in the O&M justification documents
a budget display to provide for discussion and evaluation of
the resources required to meet material readiness objectives,
as identified in the metrics required by section 118 of this
title, together with any associated risks to the supply
chain. For each major weapon system, by designated mission
design series, variant, or class, the budget display required
under this subsection for the budget year shall include each
of the following:
``(1) The material availability objective established in
accordance with the requirements of section 118 of this
title.
``(2) The funds obligated by subactivity group within the
operation and maintenance accounts for the second fiscal year
preceding the budget year for the purpose of achieving the
material readiness objectives identified in accordance with
section 118 of this title.
``(3) The funds estimated to be obligated by subactivity
group within the operation and maintenance accounts for the
fiscal year preceding the budget year for the purpose of
achieving the material readiness objectives identified in
accordance with section 118 of this title.
``(4) The funds budgeted and programmed across the future
years defense program within the operation and maintenance
accounts by subactivity group for the purpose of achieving
the material readiness objectives identified in accordance
with section 118 of this title.
``(5) A narrative discussing the performance of the
Department against established material readiness objectives
for each major weapon system by mission design series,
variant, or class.''.
(c) Implementation Deadline.--The Secretary of Defense
shall ensure that the budget display requirements required
under the amendments made by this section are included in the
budget request for fiscal year 2023 and all fiscal years
thereafter.
(d) Conforming Repeal.--Section 357 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. 221 note) is repealed.
SEC. 372. IMPROVEMENTS AND CLARIFICATIONS RELATED TO MILITARY
WORKING DOGS.
(a) Prohibition on Charge for Transfer of Military
Animals.--Subsection (d) of section 2583 of title 10, United
States Code, is amended by striking ``may'' and inserting
``shall''.
(b) Inclusion of Military Working Dogs in Certain Research
and Plans.--
(1) Research under joint trauma education and training
directorate.--Subsection (b) of section 708 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 10 U.S.C. 1071 note) is amended--
(A) in paragraph (7), by striking ``of members of the Armed
Forces'' and inserting ``with respect to both members of the
Armed Forces and military working dogs''; and
(B) by striking paragraph (9) and inserting the following
new paragraph:
``(9) To inform and advise the conduct of research on the
leading causes of morbidity and mortality of members of the
Armed Forces and military working dogs in combat.''.
(2) Veterinarians in personnel management plan.--Subsection
(d)(1) of such section is amended--
(A) by redesignating subparagraph (F) as subparagraph (G);
and
(B) by inserting after subparagraph (E) the following new
subparagraph:
``(F) Veterinary services.''.
SEC. 373. MANAGEMENT OF FATIGUE AMONG CREW OF NAVAL SURFACE
SHIPS AND RELATED IMPROVEMENTS.
(a) Requirement.--The Secretary of the Navy shall implement
each recommendation for executive action set forth in the
report of the Government Accountability Office titled ``Navy
Readiness: Additional Efforts Are Needed to Manage Fatigue,
Reduce Crewing Shortfalls, and Implement Training'' (GAO-21-
366).
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Navy shall submit
to the congressional defense committees and the Comptroller
General a report on the status of actions taken by the
Secretary to monitor crew fatigue and ensure equitable
fatigue management throughout the naval surface ship fleet in
accordance with subparagraph (a). Such report shall include
the following:
(1) An assessment of the extent of crew fatigue throughout
the naval surface ship fleet.
(2) A description of the metrics used to assess the extent
of fatigue pursuant to paragraph (1).
(3) An identification of results-oriented goals for
effective fatigue management.
(4) An identification of timeframes for achieving the goals
identified pursuant to paragraph (3).
(c) Comptroller General Assessment.--Not later than 90 days
after the date on which the Comptroller General receives the
report under subsection (b), the Comptroller General shall
brief the congressional defense committees on the extent to
which the actions and goals described in the report meet the
requirements of subsection (a).
SEC. 374. AUTHORITY TO ESTABLISH CENTER OF EXCELLENCE FOR
RADAR SYSTEMS AND COMPLEMENTARY WORKFORCE AND
EDUCATION PROGRAMS.
(a) Authority.--The Secretary of Defense may establish a
Center of Excellence for radar systems and complementary
workforce and education programs.
(b) Functions.--If the Secretary establishes the Center
authorized under subsection (a), such Center shall be
designed to further the expertise of the Department of
Defense in the repair, sustainment, and support of radar
systems, as identified by the Joint Radar Industrial Base
Working Group and the Radar Supplier Resiliency Plan, by
conducting the following activities, as appropriate:
(1) Facilitating collaboration among academia, the
Department, and the commercial radar industry, including
radar system repair and sustainment facilities.
(2) Establishing goals for research in areas of study
relevant to advancing technology and facilitating better
understanding of the necessity of radar systems in the
growing development and reliance on automated and complex
defense systems, including continuing education and training.
(3) Establishing at any institution of higher education
with which the Secretary enters into an agreement under
subsection (c) such activities as are necessary to develop
and meet the requirements of the Department.
(4) Increasing communications with radar systems subject-
matter experts in industry to learn and support state-of-the-
art operational practices, especially studied future needs of
the Department related to autonomous systems.
(c) Eligible Participants.--If the Secretary establishes
the Center authorized under subsection (a)--
[[Page H4622]]
(1) the Secretary may enter into an agreement with one or
more institutions of higher education to provide for joint
operation of the Center; and
(2) the Center may partner with nonprofit institutions and
private industry with expertise in radar systems to further
the mission of the Center.
(d) Location.--If the Secretary establishes the Center
authorized under subsection (a), in determining the location
of the Center, the Secretary shall take into account the
proximity to existing radar system facilities capable of
efficiently facilitating partnership between the Department,
industry, and an academic institution.
(e) Coordination.--Nothing in this section shall preclude
the coordination or collaboration between any Center
established under this section and any other established
center of excellence.
(f) Institution of Higher Education Defined.--The term
``institution of higher education'' has the meaning given
that term in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
SEC. 375. PILOT PROGRAM ON MILITARY WORKING DOG AND
EXPLOSIVES DETECTION CANINE HEALTH AND
EXCELLENCE.
(a) Pilot Program.--Not later than September 31, 2022, the
Secretary of Defense shall carry out a pilot program to
ensure the health and excellence of explosives detection
military working dogs. Under such pilot program, the
Secretary shall consult with domestic breeders of working dog
lines, covered institutions of higher education, and covered
national domestic canine associations, to--
(1) facilitate the presentation of domestically-bred
explosives detection military working dogs for assessment for
procurement by the Department of Defense, at a rate of at
least 100 canines presented per fiscal year;
(2) facilitate the delivery and communication to domestic
breeders, covered institutions of higher education, and
covered national domestic canine associations, of information
regarding--
(A) any specific needs or requirements for the future
acquisition by the Department of explosives detection
military working dogs; and
(B) any factors identified as relevant to the success or
failure of explosives detection military working dogs
presented for assessment pursuant to this section;
(3) collect information on the biological and health
factors of explosives detection military working dogs
procured by the Department, and make such information
available for academic research and to domestic breeders; and
(4) collect and make available genetic and phenotypic
information, including canine rearing and training data for
study by domestic breeders and covered institutions of higher
education, for the further development of working canines
that are bred, raised, and trained domestically.
(b) Consultations.--In carrying out the pilot program under
subsection (a), the Secretary may consult with the working
group established pursuant to section 1927 of the FAA
Reauthorization Act of 2018 (Public Law 115-254; 6 U.S.C.
1116 note).
(c) Termination.--The authority to carry out the pilot
program under subsection (a) shall terminate on October 1,
2024.
(d) Definitions.--In this section:
(1) The term ``covered institution of higher education''
means an institution of higher education, as such term is
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001), with demonstrated expertise in veterinary
medicine for working canines.
(2) The term ``covered national domestic canine
association'' means a national domestic canine association
with demonstrated expertise in the breeding and pedigree of
working canine lines.
(3) The term ``explosives detection military working dog''
means a canine that, in connection with the work duties of
the canine performed for the Department of Defense, is
certified and trained to detect odors indicating the presence
of explosives in a given object or area, in addition to the
performance of such other duties for the Department as may be
assigned.
(e) Authorization of Appropriations.--There is authorized
to be appropriated $10,000,000 to carry out this section.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2022, as follows:
(1) The Army, 485,000.
(2) The Navy, 346,200.
(3) The Marine Corps, 178,500.
(4) The Air Force, 328,300.
(5) The Space Force, 8,400.
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.
Section 691(b) of title 10, United States Code, is amended
by striking paragraphs (1) through (5) and inserting the
following new paragraphs:
``(1) For the Army, 485,000.
``(2) For the Navy, 346,200.
``(3) For the Marine Corps, 178,500.
``(4) For the Air Force, 328,300.
``(5) For the Space Force, 8,400.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 2022, as follows:
(1) The Army National Guard of the United States, 336,000.
(2) The Army Reserve, 189,500.
(3) The Navy Reserve, 58,600.
(4) The Marine Corps Reserve, 36,800.
(5) The Air National Guard of the United States, 108,300.
(6) The Air Force Reserve, 70,300.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual
members of the Selected Reserve of any reserve component are
released from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased
proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2022, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 30,845.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,293.
(4) The Marine Corps Reserve, 2,386.
(5) The Air National Guard of the United States, 26,661.
(6) The Air Force Reserve, 6,003.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
The minimum number of military technicians (dual status) as
of the last day of fiscal year 2022 for the reserve
components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the
following:
(1) For the Army National Guard of the United States,
22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States, 9,885.
(4) For the Air Force Reserve, 7,111.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO
BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2022, the maximum number of members of
the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under
section 115(b) of title 10, United States Code, is the
following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
SEC. 415. ACCOUNTING OF RESERVE COMPONENT MEMBERS PERFORMING
ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY
TOWARDS AUTHORIZED END STRENGTHS.
Section 115(b)(2)(B) of title 10, United States Code, is
amended by striking ``1095 days in the previous 1460 days''
and inserting ``1825 days in the previous 2190 days''.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2022 for the
use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise
provided for, for military personnel, as specified in the
funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in the subsection (a) supersedes any other
authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2022.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Reserve Component Management
SEC. 501. GRADE OF CERTAIN CHIEFS OF RESERVE COMPONENTS.
(a) In General.--
(1) Chief of army reserve.--Section 7038(b)(1) of title 10,
United States Code, is amended by striking ``general officers
of the Army Reserve'' and inserting ``officers of the Army
Reserve in the grade of lieutenant general and''.
(2) Chief of navy reserve.--Section 8083(b)(1) of such
title is amended by striking ``flag officers of the Navy (as
defined in section 8001(1))'' and inserting ``officers of the
Navy Reserve in the grade of vice admiral and''.
(3) Commander, marine forces reserve.--Section 8084(b)(1)
of such title is amended by striking ``general officers of
the Marine Corps (as defined in section 8001(2))'' and
inserting ``officers of the Marine Corps Reserve in the grade
of lieutenant general and''.
(4) Chief of air force reserve.--Section 9038(b)(1) of such
title is amended by striking ``general officers of the Air
Force Reserve'' and inserting ``officers of the Air Force
Reserve in the grade of lieutenant general and''.
[[Page H4623]]
(b) Effective Date.--The amendments made under subsection
(a) shall take effect on the date that is one year after the
date of the enactment of this Act and shall apply to
appointments made after such date.
SEC. 502. GRADE OF VICE CHIEF OF THE NATIONAL GUARD BUREAU.
Section 10505 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(c) Grade.--(1) The Vice Chief of the National Guard
Bureau shall be appointed to serve in the grade of general.
``(2) The Secretary of Defense shall designate, pursuant to
subsection (b) of section 526 of this title, the position of
Vice Chief of the National Guard Bureau as one of the general
officer and flag officer positions to be excluded from the
limitations in subsection (a) of such section.''.
SEC. 503. PROHIBITION ON PRIVATE FUNDING FOR INTERSTATE
DEPLOYMENT OF NATIONAL GUARD.
(a) Prohibition.--Chapter 3 of title 32, United States
Code, is amended by adding at the end the following new
section:
``Sec. 329. Prohibition on private funding for interstate
deployment
``A member of the National Guard may not be ordered to
cross a border of a State to perform duty (under this title,
title 10, or State active duty) if such duty is paid for with
private funds, unless such duty is in response to a major
disaster or emergency under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170).''.
(b) Technical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``329. Prohibition on private funding for interstate deployment.''.
SEC. 504. REQUIREMENT OF CONSENT OF THE CHIEF EXECUTIVE
OFFICER FOR CERTAIN FULL-TIME NATIONAL GUARD
DUTY PERFORMED IN A STATE, TERRITORY, OR THE
DISTRICT OF COLUMBIA.
Section 502(f)(2)(A) of title 32, United States Code, is
amended to read as follows:
``(A) Support of operations or missions undertaken by the
member's unit at the request of the President or Secretary of
Defense, with the consent of--
``(i) the chief executive officer of each State (as that
term is defined in section 901 of this title) in which such
operations or missions shall take place; and
``(ii) if such operations or missions shall take place in
the District of Columbia, the Mayor of the District of
Columbia.''.
SEC. 505. CONTINUED NATIONAL GUARD SUPPORT FOR FIREGUARD
PROGRAM.
The Secretary of Defense shall continue to support the
FireGuard program with National Guard personnel to aggregate,
analyze, and assess multi-source remote sensing information
for interagency partnerships in the initial detection and
monitoring of wildfires until September 30, 2026. After such
date, the Secretary may not reduce such support, or transfer
responsibility for such support to an interagency partner,
until 30 days after the date on which the Secretary submits
to the Committees on Armed Services of the Senate and House
of Representatives written notice of such proposed change,
and reasons for such change.
SEC. 506. STUDY ON REAPPORTIONMENT OF NATIONAL GUARD FORCE
STRUCTURE BASED ON DOMESTIC RESPONSES.
(a) Study.--The Secretary of Defense, in consultation with
the Chief of the National Guard Bureau and the Adjutants
General, shall conduct a study to determine whether to
reapportion the force structure of the National Guard based
on wartime and domestic response requirements. The study
under shall include the following elements:
(1) An assessment how domestic response missions affect
recruitment and retention of qualified personnel, especially
in States--
(A) with the lowest ratios of National Guard members to the
general population; and
(B) that are most prone to natural disasters.
(2) An assessment how domestic response missions affect the
ability of the National Guard of a State to ability to staff,
equip, and ready a unit for its Federal missions.
(3) An comparison of the costs of a response to a domestic
incident in a State with--
(A) units of the National Guard of such State; and
(B) units of the National Guards of other States pursuant
to an emergency management assistance compact.
(4) Based on the recommendations in the 2021 report of the
National Guard Bureau titled ``Impact of U.S. Population
Trends on National Guard Force Structure'', an assessment
of--
(A) challenges to recruiting members of the National Guard
and allocating mission sets to other geographic regions; and
(B) the ability to track and respond to domestic migration
trends in order to establish a baseline for force structure
requirements.
(5) In light of the limited authority of the President
under section 104(c) of title 32, United States Code, an
assessment of whether the number of members of the National
Guard is sufficient to reapportion force structure to meet
the requirements of domestic responses and shifting
populations.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on the results of the study under
subsection (a).
(c) State Defined.--In this section, the term ``State''
includes the various States and Territories, the Commonwealth
of Puerto Rico, and the District of Columbia.
SEC. 507. REPORT ON FEASIBILITY AND ADVISABILITY OF INCLUDING
CYBERSECURITY OPERATIONS AND MISSIONS TO
PROTECT CRITICAL INFRASTRUCTURE BY MEMBERS OF
THE NATIONAL GUARD IN CONNECTION WITH TRAINING
OR OTHER DUTY.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the feasibility and advisability
of including in the duty described in section 502(f)(1) of
title 32, United States Code, training or other duty relating
to cybersecurity operations or missions undertaken by the
member's unit at the request of the Governor of the State
concerned to protect critical infrastructure (as that term is
defined in the Critical Infrastructures Protection Act of
2001 (42 U.S.C. 5195c)).
SEC. 508. ACCESS TO TOUR OF DUTY SYSTEM.
(a) Access.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Army shall
ensure, subject to paragraph (2), that a member of the
reserve components of the Army may access the Tour of Duty
system using a personal internet-enabled device.
(2) Exception.--The Secretary of the Army may restrict
access to the Tour of Duty system on personal internet-
enabled devices if the Secretary determines such restriction
is necessary to ensure the security and integrity of
information systems and data of the United States.
(b) Tour of Duty System Defined.--In this Act, the term
``Tour of Duty system'' means the online system of listings
for opportunities to serve on active duty for members of the
reserve components of the Army and through which such a
member may apply for such an opportunity, known as ``Tour of
Duty'', or any successor to such system.
Subtitle B--General Service Authorities and Military Records
SEC. 511. PROHIBITION ON COMMISSIONING OR ENLISTMENT IN THE
ARMED FORCES OF AN INDIVIDUAL CONVICTED OF A
FELONY HATE CRIME.
(a) Prohibition.--Section 657 of title 10, United States
Code, is amended--
(1) in the heading, by striking ``sexual''; and
(2) in subsection (b), by adding at the end the following
new paragraphs:
``(5) An offense under section 249 of title 18.
``(6) An offense under State or local law--
``(A) described in section 245(a)(1) of title 18; or
``(B) the elements of which are substantially similar to
those of an offense under section 247 or 249 of title 18.''.
(b) Conforming Amendment.--The table of sections at the
beginning of chapter 37 of such title is amended by striking
the item relating to section 657 and inserting the following:
``657. Prohibition on service in the armed forces by individuals
convicted of certain offenses.''.
SEC. 512. REDUCTION IN SERVICE COMMITMENT REQUIRED FOR
PARTICIPATION IN CAREER INTERMISSION PROGRAM OF
A MILITARY DEPARTMENT.
Section 710(c)(3) of title 10, United States Code, is
amended by striking ``two months'' and inserting ``one
month''.
SEC. 513. MODERNIZATION OF THE SELECTIVE SERVICE SYSTEM.
(a) Reference.--Except as expressly provided otherwise, any
reference in this section to a section or other provision
shall be deemed to be a reference to that section or other
provision of the Military Selective Service Act (50 U.S.C.
3801 et seq.).
(b) Purpose of Selective Service.--Section 1(b) (50 U.S.C.
3801(b)) is amended--
(1) by striking ``armed strength'' and inserting ``military
strength'';
(2) by striking ``insure'' and inserting ``ensure''; and
(3) by inserting before the period at the end the
following: ``by ensuring adequate personnel with the
requisite capabilities to meet the mobilization needs of the
Department of Defense during a national emergency and not
solely to provide combat replacements''.
(c) Solemnity of Military Service.--Section 3 (50 U.S.C.
3802) is amended by adding at the end the following:
``(c) Regulations prescribed pursuant to subsection (a)
shall include methods to convey to every person required to
register the solemn obligation for military service in the
event of a military draft.''.
(d) Expanded Registration to All Americans.--
(1) Section 3(a) (50 U.S.C. 3802(a)) is amended--
(A) by striking ``male citizen'' and inserting ``citizen'';
(B) by striking ``male person'' and inserting ``person'';
(C) by striking ``present himself'' and inserting
``appear''; and
(D) by striking ``so long as he'' and inserting ``so long
as such alien''.
(2) Section 4(e) (50 U.S.C. 3803(e)) is amended by striking
``enlisted men'' and inserting ``enlisted persons''.
(3) Section 5 (50 U.S.C. 3805) is amended--
(A) in subsection (a)(1)--
(i) by striking ``race or color'' and inserting ``race,
color, sex, or gender''; and
(ii) by striking ``call for men'' and inserting ``call for
persons''; and
(B) in subsection (b), by striking ``men'' each place it
appears and inserting ``persons''.
(4) Section 6 (50 U.S.C. 3806) is amended--
(A) in subsection (a)(1)--
(i) by striking ``enlisted men'' and inserting ``enlisted
persons''; and
[[Page H4624]]
(ii) by striking ``accrue to him'' and inserting ``accrue
to such alien''; and
(B) in subsection (h)--
(i) by striking ``(other than wives alone, except in cases
of extreme hardship)''; and
(ii) by striking ``wives and children'' and inserting
``spouses and children''.
(5) Section 10(b)(3) (50 U.S.C. 3809(b)(3)) is amended--
(A) by striking ``the President is requested'' and all that
follows through ``within its jurisdiction'' and inserting
``the President is requested to appoint the membership of
each local board so that each board has both male and female
members and, to the maximum extent practicable, it is
proportionately representative of the race, national origin,
and sex of those registrants within its jurisdiction''; and
(B) by striking ``race or national origin'' and inserting
``race, sex, or national origin''.
(6) Section 16(a) (50 U.S.C. 3814(a)) is amended by
striking ``men'' and inserting ``persons''.
(e) Maintaining the Health of the Selective Service
System.--Section 10(a) (50 U.S.C. 3809(a)) is amended by
adding at the end the following new paragraph:
``(5) The Selective Service System shall conduct exercises
periodically of all mobilization plans, systems, and
processes to evaluate and test the effectiveness of such
plans, systems, and processes. Once every 4 years, the
exercise shall include the full range of internal and
interagency procedures to ensure functionality and
interoperability and may take place as part of the Department
of Defense mobilization exercise under section 10208 of title
10, United States Code. The Selective Service System shall
conduct a public awareness campaign in conjunction with each
exercise to communicate the purpose of the exercise to the
public.''.
(f) Due Process for Failure To Register.--
(1) Section 12 (50 U.S.C. 3811) is amended--
(A) in subsection (f)--
(i) in paragraph (2), by inserting before the period at the
end ``or proof of registration in accordance with subsection
(g)'';
(ii) in paragraph (3)--
(I) in the first sentence, by striking ``compliance'' and
inserting ``compliance or proof of registration''; and
(II) in the second sentence, by inserting before the period
at the end ``or proof of registration''; and
(iii) in paragraph (4), in the second sentence--
(I) by striking ``thereunder'' and inserting ``thereunder,
or failure to provide proof of registration in accordance
with subsection (g),''; and
(II) by inserting before the period at the end ``or has
registered in accordance with subsection (g)''; and
(B) in subsection (g)--
(i) in paragraph (1), by striking ``; and'' and inserting
``and the person shows by a preponderance of the evidence
that the failure of the person to register was not a knowing
and willful failure to register; or''; and
(ii) by amending paragraph (2) to read as follows:
``(2) the person was provided notice of the person's
failure to register and the person registered within 30 days
with the Selective Service System, regardless of the person's
age at the time of registration.''.
(g) Technical and Conforming Amendments.--The Military
Selective Service Act is amended--
(1) in section 4 (50 U.S.C. 3803)--
(A) in subsection (a) in the third undesignated paragraph--
(i) by striking ``his acceptability in all respects,
including his'' and inserting ``such person's acceptability
in all respects, including such person's''; and
(ii) by striking ``he may prescribe'' and inserting ``the
President may prescribe'';
(B) in subsection (c)--
(i) in paragraph (2), by striking ``any enlisted member''
and inserting ``any person who is an enlisted member''; and
(ii) in paragraphs (3), (4), and (5), by striking ``in
which he resides'' and inserting ``in which such person
resides'';
(C) in subsection (g), by striking ``coordinate with him''
and inserting ``coordinate with the Director''; and
(D) in subsection (k)(1), by striking ``finding by him''
and inserting ``finding by the President'';
(2) in section 5(d) (50 U.S.C. 3805(d)), by striking ``he
may prescribe'' and inserting ``the President may
prescribe'';
(3) in section 6 (50 U.S.C. 3806)--
(A) in subsection (c)(2)(D), by striking ``he may
prescribe'' and inserting ``the President may prescribe'';
(B) in subsection (d)(3), by striking ``he may deem
appropriate'' and inserting ``the President considers
appropriate''; and
(C) in subsection (h), by striking ``he may prescribe''
each place it appears and inserting ``the President may
prescribe'';
(4) in section 10 (50 U.S.C. 3809)--
(A) in subsection (b)--
(i) in paragraph (3)--
(I) by striking ``He shall create'' and inserting ``The
President shall create''; and
(II) by striking ``upon his own motion'' and inserting
``upon the President's own motion'';
(ii) in paragraph (4), by striking ``his status'' and
inserting ``such individual's status''; and
(iii) in paragraphs (4), (6), (8), and (9), by striking
``he may deem'' each place it appears and inserting ``the
President considers''; and
(B) in subsection (c), by striking ``vested in him'' and
inserting ``vested in the President'';
(5) in section 13(b) (50 U.S.C. 3812(b)), by striking
``regulation if he'' and inserting ``regulation if the
President'';
(6) in section 15 (50 U.S.C. 3813)--
(A) in subsection (b), by striking ``his'' each place it
appears and inserting ``the registrant's''; and
(B) in subsection (d), by striking ``he may deem'' and
inserting ``the President considers'';
(7) in section (16)(g) (50 U.S.C. 3814(g))--
(A) in paragraph (1), by striking ``who as his regular and
customary vocation'' and inserting ``who, as such person's
regular and customary vocation,''; and
(B) in paragraph (2)--
(i) by striking ``one who as his customary vocation'' and
inserting ``a person who, as such person's customary
vocation,''; and
(ii) by striking ``he is a member'' and inserting ``such
person is a member'';
(8) in section (18)(a) (50 U.S.C. 3816(a)), by striking
``he is authorized'' and inserting ``the President is
authorized'';
(9) in section 21 (50 U.S.C. 3819)--
(A) by striking ``he is sooner'' and inserting ``sooner'';
(B) by striking ``he'' each subsequent place it appears and
inserting ``such member''; and
(C) by striking ``his consent'' and inserting ``such
member's consent'';
(10) in section 22(b) (50 U.S.C. 38290(b)), in paragraphs
(1) and (2), by striking ``his'' each place it appears and
inserting ``the registrant's''; and
(11) except as otherwise provided in this section--
(A) by striking ``he'' each place it appears and inserting
``such person'';
(B) by striking ``his'' each place it appears and inserting
``such person's'';
(C) by striking ``him'' each place it appears and inserting
``such person''; and
(D) by striking ``present himself'' each place it appears
in section 12 (50 U.S.C. 3811) and inserting ``appear''.
(h) Conforming Amendments to Other Laws.--
(1) Section 3328 of title 5, United States Code, is amended
by striking subsection (a) and inserting the following:
``(a) An individual who was required to register under
section 3 of the Military Selective Service Act (50 U.S.C.
3803) but failed to meet the registration requirements of
section 3 of that Act shall be ineligible for appointment to
a position in an Executive agency, unless--
``(1) the requirement for the person to so register has
terminated or become inapplicable to the person and the
person shows by a preponderance of the evidence that the
failure of the person to register was not a knowing and
willful failure to register; or
``(2) the person was provided notice of the person's
failure to register and the person registered within 30 days
with the Selective Service System, regardless of the person's
age at the time of registration.''.
(2) Section 484(n) of the Higher Education Act of 1965 (20
U.S.C. 1091(n)) is amended by striking ``(50 U.S.C. App.
462(f))'' and inserting ``(50 U.S.C. 3811(f))''.
(i) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
except that the amendments made by subsections (d) and (h)(1)
shall take effect one year after such date of enactment.
SEC. 514. IMPROVEMENTS TO MILITARY ACCESSIONS IN ARMED FORCES
UNDER THE JURISDICTION OF THE SECRETARIES OF
THE MILITARY DEPARTMENTS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, each Secretary of a military
department shall take the following steps regarding military
accessions in each Armed Force under the jurisdiction of such
Secretary:
(1) Assess the prescribed medical standards for appointment
as an officer, or enlistment as a member, in such Armed
Force.
(2) Determine how to update the medical screening processes
for appointment or enlistment.
(3) Determine how to standardize operations across the
military entrance processing stations.
(4) Determine how to improve aptitude testing methods and
standardized testing requirements.
(5) Implement improvements determined or identified under
paragraphs (1) through (4).
(b) Report.--Not later than one year after the date of the
enactment of this Act, each Secretary shall submit to the
appropriate congressional committees a report containing the
results of carrying out this section and recommendations
regarding legislation the Secretary determines necessary to
improve such military accessions.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) The Committee on Armed Services of the House of
Representatives.
(2) The Committee on Armed Services of the Senate.
(3) The Committee on Transportation and Infrastructure of
the House of Representatives.
(4) The Committee on Commerce, Science, and Transportation
of the Senate.
SEC. 515. AUTHORIZATION OF PERMISSIVE TEMPORARY DUTY FOR
WELLNESS.
In order to reduce the rate of suicides in the Armed
Forces, the Secretary of each military department shall
prescribe regulations that authorize a member of an Armed
Force under the jurisdiction of such Secretary to take not
more than two weeks of permissive temporary duty each year to
attend a seminar, retreat, workshop, or outdoor recreational
therapy event--
(a) hosted by a non-profit organization; and
(b) that focuses on psychological, physical, spiritual, or
social wellness.
SEC. 516. REQUIRED STAFFING OF ADMINISTRATIVE SEPARATION
BOARDS.
(a) In General.--The Secretary of the military department
concerned shall ensure that any administrative separation
board under the jurisdiction of such Secretary has assigned
to it the following:
(1) A nonvoting legal advisor who shall be responsible for
providing legal advice to the President of the board on--
[[Page H4625]]
(A) the operations and procedures of the board; and
(B) matters under consideration by the board.
(2) A nonvoting recorder who shall be responsible for
representing the separation authority in the in the
proceedings before the board.
(b) Selection and Supervision.--
(1) In general.--The nonvoting legal advisor referred to in
subsection (a)(1) and the recorder referred to in subsection
(a)(2) shall each be selected by the staff judge advocate and
each shall serve under the supervision of such staff judge
advocate.
(2) Certification.--The staff judge advocate who selects
the recorder under paragraph (1) shall include in the record
of the proceedings of the board a written certification
affirming that the recorder has the legal skills necessary to
competently fulfill the duties of that position.
SEC. 517. ADMINISTRATIVE SEPARATION: MISCELLANEOUS
AUTHORITIES AND REQUIREMENTS.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense and each Secretary of a
military department shall prescribe regulations and guidance
for administrative separations of enlisted members under the
jurisdiction of such Secretary that--
(1) authorize the Secretary of the military department
concerned to characterize an administrative discharge,
considered by an administrative separation board under
regulations prescribed by such Secretary--
(A) under any conditions (including other than honorable);
and
(B) notwithstanding the recommendation of such
administrative separation board; and
(2) in the case of an administrative separation on the
basis of an offense by the member against an individual,
allow such individual to request that at least one voting
member of the administrative separation board be of the same
gender, race, or ethnicity of such individual.
SEC. 518. PROHIBITION ON ALGORITHMIC CAREER TERMINATION.
No funds authorized to be appropriated by this Act may be
used to subject a member of the Armed Forces under the
jurisdiction of a Secretary of a military department to
discipline of any kind solely based on the output of an
automated algorithmic, mathematical, or other analytic tool
used in the evaluation of publicly available social media
posts or other publicly available online activity
attributable to such member, unless the Secretary concerned
determines an imminent threat of physical violence exists.
SEC. 519. PROHIBITION ON DISCIPLINE AGAINST A MEMBER BASED ON
CERTAIN SOCIAL MEDIA.
No funds authorized to be appropriated by this Act may be
used to subject a member of the Armed Forces under the
jurisdiction of a Secretary of a military department to
discipline of any kind solely based on a comment, post, or
other activity originating from a third party regarding a
political matter on an online account, forum, or other
electronic means owned, controlled, or operated by the
member.
SEC. 519A. COMMAND OVERSIGHT OF MILITARY PRIVATIZED HOUSING
AS ELEMENT OF PERFORMANCE EVALUATIONS.
(a) Evaluations in General.--Each Secretary of a military
department shall ensure that the performance evaluations of
any individual described in subsection (b) under the
jurisdiction of such Secretary indicates the extent to which
such individual has or has not exercised effective oversight
and leadership in the following:
(1) Improving conditions of privatized housing under
subchapter IV of chapter 169 of title 10, United States Code.
(2) Addressing concerns with respect to such housing of
members of the Armed Forces and their families who reside in
such housing on an installation of the military department
concerned.
(b) Covered Individuals.--The individuals described in this
subsection are as follows:
(1) The commander of an installation of a military
department at which on-installation housing is managed by a
landlord of privatized housing under subchapter IV of chapter
169 of title 10, United States Code.
(2) Each officer or senior enlisted member of the Armed
Forces at an installation described in paragraph (1) whose
duties include facilities or housing management at such
installation.
(3) Any other officer or enlisted member of the Armed
Forces (whether or not at an installation described in
paragraph (1)) as specified by the Secretary of the military
department concerned for purposes of this section.
SEC. 519B. FEASIBILITY STUDY ON ESTABLISHMENT OF HOUSING
HISTORY FOR MEMBERS OF THE ARMED FORCES WHO
RESIDE IN HOUSING PROVIDED BY THE UNITED
STATES.
(a) Study; Report.--Not later than September 30, 2022, the
Secretary of Defense shall--
(1) conduct a feasibility study regarding the establishment
of a standard record of housing history for members of the
Armed Forces who reside in covered housing; and
(2) submit to the appropriate congressional committees a
report on the results of such study.
(b) Contents.--A record described in subsection (a)
includes, with regards to each period during which the member
concerned resided in covered housing, the following:
(1) The assessment of the commander of the military
installation in which such housing is located, of the
condition of such covered housing--
(A) prior to the beginning of such period; and
(B) in which the member concerned left such covered housing
upon vacating such covered housing.
(2) Contact information a housing provider may use to
inquire about such a record.
(c) Online Access.--A record described in subsection (a)
would be accessible through a website, maintained by the
Secretary of the military department concerned, through which
a member of the Armed Forces under the jurisdiction of such
Secretary may access such record of such member.
(d) Issuance.--The Secretary concerned would issue a copy
of a described in subsection (a) to the member concerned upon
the separation, retirement, discharge, or dismissal of such
member from the Armed Forces, with the DD Form 214 for such
member.
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The Committee on Armed Services of the House of
Representatives.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Transportation and Infrastructure of
the House of Representatives.
(D) The Committee on Commerce, Science, and Transportation
of the Senate.
(2) The term ``covered housing'' means housing provided by
the United States to a member of the Armed Forces.
SEC. 519C. SEAMAN TO ADMIRAL-21 PROGRAM: CREDIT TOWARDS
RETIREMENT.
(a) Credit.--For each participant in the Seaman to Admiral-
21 program during fiscal years 2010 through 2014 for whom the
Secretary of the Navy cannot find evidence of an
acknowledgment that, before entering a baccalaureate degree
program, service during the baccalaureate degree program
would not be included when computing years of service for
retirement, the Secretary shall include service during the
baccalaureate degree program when computing--
(1) years of service; and
(2) retired or retainer pay.
(b) Report Required.--The Secretary shall submit a report
to the Committees on Armed Services of the Senate and House
of Representatives regarding the number of participants
credited with service under subsection (a).
(c) Deadline.--The Secretary shall carry out this section
not later than 180 days after the date of the enactment of
this Act.
SEC. 519D. PROGRESS REPORT ON IMPLEMENTATION OF GAO
RECOMMENDATIONS REGARDING CAREER PATHS FOR
SURFACE WARFARE OFFICERS OF THE NAVY.
(a) Progress Report.--Not later than one year after the
date of the enactment of this Act, the Secretary of the Navy
shall submit to the congressional defense committees a
progress report on implementation of the recommendations for
executive action in the report of the Government
Accountability Office titled ``Navy Readiness: Actions Needed
to Evaluate and Improve Surface Warfare Officer Career Path''
(GAO-21-168). The report shall include the following:
(1) Actions taken to develop plans to improve retention of
SWOs, with a focus on retention of female SWOs, including
specific goals, performance measures, and timelines.
(2) Actions taken to analyze relevant logbook data for
trends between the number of SWOs aboard ships and
competition for limited training opportunities.
(3) Actions taken to analyze the extent to which
commissioning practices affect training opportunities for
SWOs.
(4) Actions taken to reevaluate the need for nuclear-
trained SWOs, assess the effects of the current training
approach, and make any related adjustments to the respective
career path.
(5) Actions taken to establish and implement regular
evaluations of the effectiveness of the current career path,
training, and policies for SWOs, in successfully developing
and retaining proficient SWOs. The initial evaluation shall
include--
(A) a comparison of such effectiveness against that of
other positions in the Navy, and against comparable positions
in other navies and maritime communities; and
(B) input from SWOs at all grades.
(6) Actions taken to implement--
(A) workforce strategies;
(B) changes to the career path for SWOs, training, and
policies; and
(C) the implementation of pilot programs to evaluate
potential changes that address the results of such initial
evaluation.
(b) SWO Defined.--In this section, the term ``SWO'' means
``surface warfare officer''.
SEC. 519E. INDEPENDENT ASSESSMENT OF RETENTION OF FEMALE
SURFACE WARFARE OFFICERS.
(a) In General.--The Secretary of Defense shall seek to
enter into an agreement with a nonprofit entity or a
federally funded research and development center independent
of the Department of Defense to conduct research and analysis
on the gender gap in retention of surface warfare officers in
the Navy.
(b) Elements.--The research and analysis conducted under
subsection (a) shall include consideration of the following:
(1) Demographics of surface warfare officers, disaggregated
by gender, including--
(A) race;
(B) ethnicity;
(C) socioeconomic status;
(D) marital status (including whether the spouse is a
member of the Armed Forces and, if so, the length of service
of such spouse);
(E) whether the officer has children (including number and
age or ages of children);
(F) whether an immediate family member serves or has served
as a member of the Armed Forces; and
(G) the percentage of such officers who--
(i) indicate an intent to complete only an initial service
agreement; and
(ii) complete only an initial service agreement.
(2) Whether there is a correlation between the number of
female surface warfare officers serving on a vessel and
responses of such officers to command climate surveys.
(3) An anonymous but traceable study of command climate
results to--
[[Page H4626]]
(A) correlate responses from particular female surface
warfare officers with resignation; and
(B) compare attitudes of first-tour and second-tour female
surface warfare officers.
(4) Recommendations based on the findings under paragraphs
(1), (2), and (3).
(c) Reports.--
(1) In general.--Not later than 270 days after the date on
which a nonprofit entity or federally funded research and
development center enters into an agreement under subsection
(a) with the Secretary of Defense, such entity or center
shall submit to the Secretary of Defense a report on the
results of the research and analysis under subsection (a).
(2) 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 congressional defense committees
each of the following:
(A) A copy of the report submitted under paragraph (1)
without change.
(B) Any comments, changes, recommendations, or other
information provided by the Secretary of Defense relating to
the research and analysis under subsection (a) and contained
in such report.
Subtitle C--Military Justice and Other Legal Matters
SEC. 521. RIGHTS OF THE VICTIM OF AN OFFENSE UNDER THE
UNIFORM CODE OF MILITARY JUSTICE.
(a) In General.--Section 806b(a) of title 10, United States
Code (article 6b(a) of the Uniform Code of Military Justice)
is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following new
paragraph:
``(8) The right to be informed in a timely manner of any
pre-trial agreement, separation-in-lieu-of-trial agreement,
or non-prosecution agreement relating to the offense, unless
providing such information would jeopardize another law
enforcement proceeding or would violate the privacy concerns
of an individual other than the accused.''.
(b) Policy on Information Provided to Victims.--
(1) Uniform policy required.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of the Department
in which the Coast Guard is operating, shall establish a
uniform policy for the sharing of the following information
relating to the victim of an offense under chapter 47 of
title 10, United States Code (the Uniform Code of Military
Justice), with a Special Victims' Counsel or Victims' Legal
Counsel representing such victim:
(A) Any recorded statements of the victim to investigators.
(B) The record of any forensic examination of the person or
property of the victim, including the record of any sexual
assault forensic exam of the victim that is in possession of
investigators or the Government.
(C) Any other personal or medical record of the victim that
is in the possession of investigators or the Government.
(2) Exception for withholding of information in certain
circumstances.--The policy under paragraph (1) may set forth
circumstances in which the information specified in such
paragraph may be withheld for the purpose of protecting the
integrity of an investigation or criminal proceeding.
SEC. 522. COMMANDING OFFICER'S NON-JUDICIAL PUNISHMENT.
(a) In General.--Section 815 of title 10, United States
Code (article 15 of the Uniform Code of Military Justice), is
amended--
(1) by redesignating subsections (c) through (g) as
subsections (d) through (h), respectively;
(2) by inserting after subsection (b), the following new
subsection:
``(c)(1) Except as provided in paragraphs (2) and (3), a
commanding officer may not impose a punishment authorized in
subsection (b) unless, before the imposition of such
punishment, the commanding officer--
``(A) requests and receives legal guidance regarding the
imposition of such punishment from a judge advocate or other
legal officer of the armed force of which the commanding
officer is a member; and
``(B) provides the member who may be subject to such
punishment with an opportunity to consult appropriate legal
counsel.
``(2) Paragraph (1) shall not apply to the punishments
specified in subparagraphs (E) and (F) of subsection (b)(2).
``(3) A commanding officer may waive the requirements set
forth in subparagraphs (A) and (B) of paragraph (1), on a
case by case basis, if the commanding officer determines such
a waiver is necessary in the national security interests of
the United States.''; and
(3) in subsection (f), as so redesignated, by striking
``subsection (d)'' and inserting ``subsection (e)''.
(b) Effective Date and Applicability.--The amendments made
by subsection (a) shall take effect 180 days after the date
of the enactment of this Act and shall apply with respect to
punishments imposed under section 815 of title 10, United
States Code (article 15 of the Uniform Code of Military
Justice), on or after such effective date.
(c) Additional Guidance Required.--Not later than one year
after the date of the enactment of this Act, each Secretary
of a military department shall prescribe regulations or issue
other written guidance with respect to non-judicial
punishment under section 815 of title 10, United States Code
(article 15 of the Uniform Code of Military Justice) that--
(1)(A) identifies criteria to be considered when
determining whether a member of the armed forces is attached
to or embarked in a vessel for the purposes of determining
whether such member may demand trial by court-martial in lieu
of punishment under such section (article); and
(B) establishes a policy about the appropriate and
responsible invocation of such exception; and
(2) establishes criteria commanders must consider when
evaluating whether to issue a waiver under subsection (c)(3)
of such section (article) (as added by subsection (a) of this
section) on the basis of the national security interests of
the United States.
SEC. 523. SELECTION PROCESS FOR MEMBERS TO SERVE ON COURTS-
MARTIAL.
Section 825(e) of title 10, United States Code (article
25(e) of the Uniform Code of Military Justice), is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
paragraphs (3), (4), and (5), respectively;
(2) by inserting before paragraph (3), as so redesignated,
the following new paragraphs: ``(1) When convening a court-
martial, the convening authority shall detail as members
thereof members of the armed forces under such regulations as
the President may prescribe for the randomized selection of
qualified personnel available to the convening authority for
detail.
``(2) The randomized selection process developed and
implemented under paragraph (1) may include parameter
controls that--
``(A) allow for exclusions based on scheduling
availability;
``(B) allow for controls based on military rank; and
``(C) allow for controls to promote gender, racial, and
ethnic diversity and inclusion.''; and
(3) in paragraph (4), as so redesignated, by--
(A) striking the first sentence; and
(B) striking ``when he is'' and inserting ``when the member
is''.
SEC. 524. PETITION FOR DNA TESTING UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.
(a) In General.--Subchapter IX of chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), is
amended by inserting after section 873 (article 73) the
following new section (article):
``Sec. 873a. Art. 73a. Petition for DNA testing
``(a) In General.--Upon a written petition by an accused
sentenced to imprisonment or death pursuant to a conviction
under this chapter (referred to in this section as the
`applicant'), the Judge Advocate General shall order DNA
testing of specific evidence if the Judge Advocate General
finds that all of the following apply:
``(1) The applicant asserts, under penalty of perjury, that
the applicant is actually innocent of the offense for which
the applicant is sentenced to imprisonment or death.
``(2) The specific evidence to be tested was secured in
relation to the investigation or prosecution of the offense
referenced in the applicant's assertion under paragraph (1).
``(3) The specific evidence to be tested--
``(A) was not previously subjected to DNA testing and the
applicant did not knowingly fail to request DNA testing of
that evidence in a prior motion for postconviction DNA
testing; or
``(B) was previously subjected to DNA testing and the
applicant is requesting DNA testing using a new method or
technology that is substantially more probative than the
prior DNA testing.
``(4) The specific evidence to be tested is in the
possession of the Government and has been subject to a chain
of custody and retained under conditions sufficient to ensure
that such evidence has not been substituted, contaminated,
tampered with, replaced, or altered in any respect material
to the proposed DNA testing.
``(5) The proposed DNA testing is reasonable in scope, uses
scientifically sound methods, and is consistent with accepted
forensic practices.
``(6) The applicant identifies a theory of defense that--
``(A) is not inconsistent with an affirmative defense
presented at trial; and
``(B) would establish the actual innocence of the applicant
of the offense referenced in the applicant's assertion under
paragraph (1).
``(7) If the applicant was convicted following a trial, the
identity of the perpetrator was at issue in the trial.
``(8) The proposed DNA testing of the specific evidence may
produce new material evidence that would--
``(A) support the theory of defense referenced in paragraph
(6); and
``(B) raise a reasonable probability that the applicant did
not commit the offense.
``(9) The applicant certifies that the applicant will
provide a DNA sample for purposes of comparison.
``(10) The petition is made in a timely fashion, subject to
the following conditions:
``(A) There shall be a rebuttable presumption of timeliness
if the petition is made within five years of the enactment of
the National Defense Authorization Act for Fiscal Year 2022
or within three years after the date of the entry of judgment
under section 860c of this title (article 60c), whichever
comes later. Such presumption may be rebutted upon a
showing--
``(i) that the applicant's petition for a DNA test is based
solely upon information used in a previously denied motion;
or
``(ii) of clear and convincing evidence that the
applicant's filing is done solely to cause delay or harass.
``(B) There shall be a rebuttable presumption against
timeliness for any petition not satisfying subparagraph (A)
above. Such presumption may be rebutted upon the Judge
Advocate General's finding--
``(i) that the applicant was or is incompetent and such
incompetence substantially contributed to the delay in the
applicant's motion for a DNA test;
``(ii) the evidence to be tested is newly discovered DNA
evidence;
``(iii) that the applicant's petition is not based solely
upon the applicant's own assertion of innocence and, after
considering all relevant facts
[[Page H4627]]
and circumstances surrounding the petition, a denial would
result in a manifest injustice; or
``(iv) upon good cause shown.
``(C) For purposes of this paragraph--
``(i) the term `incompetence' has the meaning given that
term in section 876b of this chapter (article 76b);
``(ii) the term `manifest' means that which is
unmistakable, clear, plain, or indisputable and requires that
the opposite conclusion be clearly evident.
``(b) Appeal of Denial.-- The applicant may appeal the
Judge Advocate General's denial of the petition of DNA
testing to the Court of Appeals for the Armed Forces.
``(c) Evidence Inventory; Preservation Order; Appointment
of Counsel.--
``(1) Inventory.--The Judge Advocate General shall order
the preparation of an inventory of the evidence related to
the case for which a petition is made under subsection (a),
which shall be provided to the applicant.
``(2) Preservation order.--To the extent necessary to carry
out proceedings under this section, the Judge Advocate
General shall direct the preservation of the specific
evidence relating to a petition under subsection (a).
``(3) Appointment of counsel.--The applicant shall be
eligible for representation by appellate defense counsel
under section 870 of this chapter (article 70).
``(d) Testing Costs.--The costs of any DNA testing ordered
under this section shall be paid by the Government.
``(e) Time Limitation in Capital Cases.--In any case in
which the applicant is sentenced to death--
``(1) any DNA testing ordered under this section shall be
completed not later than 60 days after the date on which the
test is ordered by the Judge Advocate General; and
``(2) not later than 120 days after the date on which the
DNA testing ordered under this section is completed, the
Judge Advocate General shall order any post-testing
procedures under subsection (f) or (g), as appropriate.
``(f) Disclosure of Test Results.--Reporting of test
results shall be simultaneously disclosed to the Government
and the applicant.
``(g) Post-testing Procedures; Inconclusive and Inculpatory
Results.--
``(1) Inconclusive results.--If DNA test results obtained
under this section are inconclusive, the Judge Advocate
General may order further testing, if appropriate, or may
deny the applicant relief.
``(2) Inculpatory results.--If DNA test results obtained
under this section show that the applicant was the source of
the DNA evidence, the Judge Advocate General shall--
``(A) deny the applicant relief; and
``(B) if the DNA test results relate to a State offense,
forward the finding to any appropriate State official.
``(h) Post-testing Procedures; Motion for New Trial or
Resentencing.--
``(1) In general.--Notwithstanding any provision of law
that would bar a motion under this paragraph as untimely, if
DNA test results obtained under this section exclude the
applicant as the source of the DNA evidence, the applicant
may file a petition for a new trial or resentencing, as
appropriate.
``(2) Standard for granting motion for new trial or
resentencing.--The applicant's petition for a new trial or
resentencing, as appropriate, shall be granted if the DNA
test results, when considered with all other evidence in the
case (regardless of whether such evidence was introduced at
trial), establish by compelling evidence that a new trial
would result in the acquittal of the applicant.
``(i) Relationship to Other Laws.--
``(1) Post-conviction relief.--Nothing in this section
shall affect the circumstances under which a person may
obtain DNA testing or post-conviction relief under any other
provision of law.
``(2) Habeas corpus.--Nothing in this section shall provide
a basis for relief in any Federal habeas corpus
proceeding.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 873 (article 73) the following
new item:
``873a. 73a. Petition for DNA testing.''.
SEC. 525. PUNITIVE ARTICLE ON VIOLENT EXTREMISM.
(a) Violent Extremism.--
(1) In general.--Subchapter X of chapter 47 of title 10,
United States Code, is amended by inserting after section 916
(article 116 of the Uniform Code of Military Justice) the
following new section (article):
``Sec. 916a. Art. 116a. violent extremism
``(a) Prohibition.--Any person subject to this chapter
who--
``(1) knowingly commits a covered offense against--
``(A) the Government of the United States; or
``(B) any person or class of people;
``(2)(A) with the intent to intimidate or coerce any person
or class of people; or
``(B) with the intent to influence, affect, or retaliate
against the policy or conduct of the Government of the United
States or any State; and
``(3) does so--
``(A) to achieve political, ideological, religious, social,
or economic goals; or
``(B) in the case of an act against a person or class of
people, for reasons relating to the race, religion, color,
ethnicity, sex, age, disability status, national origin,
sexual orientation, or gender identity of the person or class
of people concerned;
is guilty of violent extremism and shall be punished as a
court-martial may direct.
``(b) Attempts, Solicitation, and Conspiracy.--Any person
who attempts, solicits, or conspires to commit an offense
under this section shall be punished in the same manner as a
person who completes the offense.
``(c) Definitions.--In this section:
``(1) Covered offense.--The term `covered offense' means--
``(A) loss, damage, destruction, or wrongful disposition of
military property of the United States, in violation of
section 908 of this title (article 108);
``(B) waste, spoilage, or destruction of property other
than military property of the United States, in violation of
section 909 of this title (article 109);
``(C) communicating threats, in violation of section 915 of
this title (article 115);
``(D) riot or breach of peace, in violation of section 916
of this title (article 116);
``(E) provoking speech or gestures, in violation of section
917 of this title (article 117);
``(F) murder, in violation of section 918 of this title
(article 118);
``(G) manslaughter, in violation of section 919 of this
title (article 119);
``(H) larceny or wrongful appropriation, in violation of
section 921 of this title (article 121);
``(I) robbery, in violation of section 922 of this title
(article 122);
``(J) kidnapping, in violation of section 925 of this title
(article 125);
``(K) assault, in violation of section 928 of this title
(article 128);
``(L) conspiracy to commit an offense specified in any of
subparagraphs (A) through (K), as punishable under section
881 of this title (article 81);
``(M) solicitation to commit an offense specified in any of
subparagraphs (A) through (K), as punishable under section
882 of this title (article 82); or
``(N) an attempt to commit an offense specified in any of
subparagraphs (A) through (K), as punishable under section
880 of this title (article 80).
``(2) State.--The term `State' includes any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any other possession or territory of the
United States.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 916 (article 116) the following
new item:
``916a. 116a. Violent extremism.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply to offenses committed on or after such date.
SEC. 526. CLARIFICATIONS OF PROCEDURE IN INVESTIGATIONS OF
PERSONNEL ACTIONS TAKEN AGAINST MEMBERS OF THE
ARMED FORCES IN RETALIATION FOR PROTECTED
COMMUNICATIONS.
(a) In General.--Subparagraphs (D) and (E) of paragraph (4)
of section 1034(c) of title 10, United States Code, are
amended to read as follows:
``(D)(i) Upon determining that an investigation of an
allegation under paragraph (1) is warranted, the Inspector
General making the determination shall expeditiously
investigate the allegation to determine whether the protected
communication or activity under subsection (b) was a
contributing factor in the personnel action prohibited under
subsection (b) that was taken or withheld (or threatened to
be taken or withheld) against a member of the armed forces.
``(ii) In the case of a determination made by the Inspector
General of the Department of Defense, that Inspector General
may delegate responsibility for the investigation to an
appropriate Inspector General of a military department.
``(iii) The member alleging the prohibited personnel action
may use circumstantial evidence to demonstrate that the
protected communication or activity under subsection (b) was
a contributing factor in the personnel action prohibited
under subsection (b). Such circumstantial evidence may
include that the person taking such prohibited personnel
action knew of the protected communication or activity, and
that the prohibited personnel action occurred within a period
of time such that a reasonable person could conclude that the
communication or protected activity was a contributing factor
in the personnel action.
``(iv) If the Inspector General determines it likelier than
not that the member made a communication or participated in
an activity protected under subsection (b) that was a
contributing factor in a personnel action described in such
subsection, the Inspector General shall presume such
personnel action to be prohibited under such subsection
unless the Inspector General determines there is clear and
convincing evidence that the same personnel action would have
occurred in the absence of such protected communication or
activity.
``(E) If the Inspector General preliminarily determines in
an investigation under subparagraph (D) that a personnel
action prohibited under subsection (b) has occurred and that
such personnel action shall result in an immediate hardship
to the member alleging the personnel action, the Inspector
General shall promptly notify the Secretary of the military
department concerned or the Secretary of Homeland Security,
as applicable, of the hardship, and such Secretary shall take
such action as such Secretary determines appropriate.''.
(b) Technical Amendments.--Such paragraph is further
amended in subparagraphs (A) and (B) by striking ``subsection
(h)'' both places it appears and inserting ``subsection
(i)''.
SEC. 527. ACTIVITIES TO IMPROVE FAMILY VIOLENCE PREVENTION
AND RESPONSE.
(a) Delegation of Authority to Authorize Exceptional
Eligibility for Certain Benefits.--Paragraph (4) of section
1059(m) of title 10, United States Code, is amended to read
as follows:
[[Page H4628]]
``(4)(A) Except as provided in subparagraph (B), the
authority of the Secretary concerned under paragraph (1) may
not be delegated.
``(B) During the two year period following the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2022, the authority of the Secretary concerned
under paragraph (1) may be delegated to an official at the
Assistant Secretary-level or above. Any exercise of such
delegated authority shall be reported to the Secretary
concerned on a quarterly basis.''.
(b) Extension of Requirement for Annual Family Advocacy
Program Report Regarding Child Abuse and Domestic Violence.--
Section 574(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2141) is
amended by striking ``April 30, 2021'' and inserting ``April
30, 2026''.
(c) Implementation of Comptroller General
Recommendations.--
(1) In general.--Consistent with the recommendations set
forth in the report of the Comptroller General of the United
States titled ``Domestic Abuse: Actions Needed to Enhance
DOD's Prevention, Response, and Oversight'' (GAO-21-289), the
Secretary of Defense, in consultation with the Secretaries of
the military departments, shall carry out the activities
specified in subparagraphs (A) through (K).
(A) Domestic abuse data.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretaries of the military
departments, shall carry out each of the following:
(i) Issue guidance to the Secretaries of the military
departments to clarify and standardize the process for
collecting and reporting data on domestic abuse in the Armed
Forces, including--
(I) data on the numbers and types of domestic abuse and
domestic violence incidents involving members of the Armed
Forces;
(II) the information required to be reported to the
database on domestic violence incidents under section 1562 of
title 10, United States Code; and
(III) data for inclusion in the reports regarding child
abuse and domestic violence required to be submitted under
section 574 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2141).
(ii) Develop a quality control process to ensure the
accurate and complete reporting of data on allegations of
abuse involving a member of the Armed Forces, including
allegations of abuse that do not meet the Department of
Defense definition of domestic abuse.
(iii) Expand the scope of any reporting to Congress that
includes data on domestic abuse in the Armed Forces to
include data on and analysis of the types of allegations of
domestic abuse.
(B) Domestic violence and command action data.--Not later
than 180 days after the date of the enactment of this Act,
the Secretary of Defense, in consultation with the
Secretaries of the military departments, shall--
(i) evaluate the organizations and elements of the
Department of Defense that are responsible for tracking
domestic violence incidents and the command actions taken in
response to such incidents to determine if there are actions
that may be carried out to--
(I) eliminate gaps and redundancies in the activities of
such organizations;
(II) ensure consistency in the approaches of such
organizations to the tracking of such incidents and actions;
and
(III) otherwise improve the tracking of such incidents and
actions across the Department; and
(ii) based on the evaluation under clause (i), clarify or
adjust--
(I) the duties of such organizations and elements; and
(II) the manner in which such organizations and elements
coordinate their activities.
(C) Regulations for violation of civilian orders of
protection.--The Secretary of Defense shall revise or issue
regulations (as applicable) to ensure that each Secretary of
a military department provides, to any member of the Armed
Forces under the jurisdiction of such Secretary who is
subject to a civilian order of protection, notice that the
violation of such order may be punishable under chapter 47 of
title 10, United States Code (the Uniform Code of Military
Justice).
(D) Agreements with civilian victim service
organizations.--
(i) Guidance required.--The Secretary of Defense, in
consultation with the Secretaries of the military
departments, shall issue guidance pursuant to which personnel
of a Family Advocacy Program at a military installation may
enter into memoranda of understanding with qualified civilian
victim service organizations for purposes of providing
services to victims of domestic abuse in accordance with
clause (ii).
(ii) Contents of agreement.--A memorandum of understanding
entered into under clause (i) shall provide that personnel of
a Family Advocacy Program at a military installation may
refer a victim of domestic abuse to a qualified civilian
victim service organization if such personnel determine
that--
(I) the services offered at the installation are
insufficient to meet the victim's needs; or
(II) such a referral would otherwise benefit the victim.
(E) Screening and reporting of initial allegations.--The
Secretary of Defense, in consultation with the Secretaries of
the military departments, shall develop and implement a
standardized process--
(i) to ensure consistency in the manner in which
allegations of domestic abuse are screened and documented at
military installations, including by ensuring that
allegations of domestic abuse are documented regardless of
the severity of the incident;
(ii) that uses a risk-based approach to consistently
identify, from among such allegations of domestic abuse, the
allegations that should be presented to an Incident
Determination Committee; and
(iii) to ensure consistency in the form and manner in which
such allegations are presented to Incident Determination
Committees.
(F) Implementation and oversight of incident determination
committees.--
(i) Implementation.--The Secretary of Defense, in
consultation with the Secretaries of the military
departments, shall ensure that Incident Determination
Committees are fully implemented within each Armed Force.
(ii) Oversight and monitoring.--The Secretary of Defense
shall--
(I) direct the Under Secretary of Defense for Personnel and
Readiness to conduct oversight of the activities of the
Incident Determination Committees of the Armed Forces on an
ongoing basis; and
(II) establish a formal process through which the Under
Secretary will monitor Incident Determination Committees to
ensure that the activities of such Committees are conducted
in an consistent manner in accordance with the applicable
policies of the Department of Defense and the Armed Forces.
(G) Reasonable suspicion standard for incident reporting.--
Not later than 90 days after the date of the enactment of the
Act, the Secretary of Defense, in consultation with the
Secretaries of the military departments, shall issue
regulations--
(i) under which the personnel of a Family Advocacy Program
shall be required to report an allegation of domestic abuse
to an Incident Determination Committee if there is reasonable
suspicion that the abuse occurred; and
(ii) that fully define and establish standardized criteria
for determining whether an allegation of abuse meets the
reasonable suspicion standard referred to in clause (i).
(H) Guidance for victim risk assessment.--The Secretary of
Defense, in consultation with the Secretaries of the military
departments, shall issue guidance that--
(i) identifies the risk assessment tools that must be used
by Family Advocacy Program personnel to assess reports of
domestic abuse; and
(ii) establishes minimum qualifications for the personnel
responsible for using such tools.
(I) Improving family advocacy program awareness
campaigns.--The Secretary of Defense, in consultation with
the Secretaries of the military departments, shall develop
and implement--
(i) a communications strategy to support the Armed Forces
in increasing awareness of the options and resources
available for reporting incidents of domestic abuse; and
(ii) metrics to evaluate the effectiveness of domestic
abuse awareness campaigns within the Department of Defense
and the Armed Forces, including by identifying a target
audience and defining measurable objectives for such
campaigns.
(J) Assessment of the disposition model for domestic
violence.--As part of the independent analysis required by
section 549C of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) the Secretary of Defense shall include an assessment
of--
(i) the risks and consequences of the disposition model for
domestic violence in effect as of the date of the enactment
of this Act, including the risks and consequences of such
model with respect to--
(I) the eligibility of victims for transitional
compensation and other benefits; and
(II) the eligibility of perpetrators of domestic violence
to possess firearms and any related effects on the military
service of such individuals; and
(ii) the feasibility and advisability establishing
alternative disposition models for domestic violence,
including an assessment of the advantages and disadvantages
of each proposed model.
(K) Family advocacy program training.--
(i) Training for commanders and senior enlisted advisors.--
The Secretary of Defense, in consultation with the
Secretaries of the military departments, shall--
(I) ensure that the Family Advocacy Program training
provided to installation-level commanders and senior enlisted
advisors of the Armed Forces meets the applicable
requirements of the Department of Defense; and
(II) shall provide such additional guidance and sample
training materials as may be necessary to improve the
consistency of such training.
(ii) Training for chaplains.--The Secretary of Defense
shall--
(I) require that chaplains of the Armed Forces receive
Family Advocacy Program training;
(II) establish content requirements and learning objectives
for such training; and
(III) provide such additional guidance and sample training
materials as may be necessary to effectively implement such
training.
(iii) Training completion data.--The Secretary of Defense,
in consultation with the Secretaries of the military
departments, shall develop a process to ensure the quality
and completeness of data indicating whether members of the
Armed Forces who are required to complete Family Advocacy
Program training, including installation-level commanders and
senior enlisted advisors, have completed such training.
(2) General implementation date.--Except as otherwise
provided in paragraph (1), the Secretary of Defense shall
complete the implementation of the activities specified in
such paragraph by not later than one year after the date of
the enactment of this Act.
(3) Quarterly status report.--Not later than 90 days after
the date of the enactment of this Act and on a quarterly
basis thereafter until the date on which all of the
activities specified in paragraph (1) have been implemented,
[[Page H4629]]
the Secretary of Defense shall submit to the appropriate
congressional committees a report on the status of the
implementation of such activities.
(d) Improving Awareness Regarding Family Advocacy Programs
and Other Similar Services.--
(1) Pilot program on information for families enrolling in
deers.--The Secretary of Defense shall carry out a pilot
program to assess the feasibility and advisability of various
mechanisms to inform military families about the Family
Advocacy Programs and resiliency training of the Armed Forces
during their enrollment in the Defense Enrollment Eligibility
Reporting System. The matters assessed by the pilot program
shall include the following:
(A) An option for training members of military families on
the Family Advocacy Programs.
(B) Mechanisms for providing such family members with
information on--
(i) the resources available through the Family Advocacy
Programs of the Armed Forces;
(ii) the Military OneSource program of the Department of
Defense;
(iii) resources relating to domestic abuse and child abuse
and neglect that are available through local community
service organizations; and
(iv) the availability of the Military and Family Life
Counseling Program.
(C) Steps that may be taken to better inform such family
members of the option to make a restricted report or an
unrestricted report to a Family Advocacy Program, including
information on the difference between such reports.
(2) Information on services for military families.--Each
Secretary of a military department shall ensure that a
military family member who reports an incident of domestic
abuse or child abuse and neglect to a Family Advocacy Program
under the jurisdiction of such Secretary receives
comprehensive information, in a clear and easily
understandable format, on the services available to such
family member in connection with such incident. Such
information shall include a complete guide to the following:
(A) The Family Advocacy Program of the Armed Force or
military department concerned.
(B) Military law enforcement services, including an
explanation of the process that follows a report of an
incident of domestic abuse or child abuse or neglect.
(C) Other applicable victim services.
(e) Reports on Staffing Levels for Family Advocacy
Programs.--
(1) In general.--Not later than 180 days after the date on
which the staffing tool described in paragraph (2) becomes
operational, and on an annual basis thereafter for the
following five years, the Secretary of Defense shall submit
to the appropriate congressional committees a report setting
forth the following:
(A) Military, civilian, and contract support staffing
levels for the Family Advocacy Programs of the Armed Forces
at each military installation so staffed as of the date of
the report.
(B) Recommendations for ideal staffing levels for the
Family Advocacy Programs, as identified by the staffing tool.
(2) Staffing tool described.--The staffing tool described
in this paragraph is a tool that--
(A) is under development as of the date of the enactment of
this Act pursuant to an agreement between the Department of
Defense and Pennsylvania State University; and
(B) will be used to assist the Department in determining
adequate staffing levels for Family Advocacy Programs.
(3) Comptroller general review.--
(A) In general.--Following the submission of the first
annual report required under paragraph (1), the Comptroller
General of the United States shall conduct a review of the
staffing of the Family Advocacy Programs of the Armed Forces.
(B) Elements.--The review conducted under subparagraph (A)
shall include an assessment of each of the following:
(i) The extent to which the Armed Forces have filled
authorized billets for Family Advocacy program manager,
clinician, and victim advocate positions.
(ii) The extent to which the Armed Forces have experienced
challenges filling authorized Family Advocacy Program
positions, and how such challenges, if any, have affected the
provision of services.
(iii) The extent to which the Department of Defense and
Armed Forces have ensured that Family Advocacy Program
clinicians and victim advocates meet qualification and
training requirements.
(iv) The extent to which the Department of Defense has
established metrics to evaluate the effectiveness of the
staffing tool described in paragraph (2).
(C) Briefing and report.--
(i) Briefing.--Not later than one year following the
submission of the first annual report required under
paragraph (1), the Comptroller General shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on the preliminary observations
made by the Comptroller General as part of the review
required under subparagraph (A).
(ii) Report.--Not later than 90 days after the date of the
briefing under clause (i), the Comptroller General shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the results of the
review conducted under subparagraph (A).
(f) Study and Report on Initial Entry Points.--
(1) Study.--The Secretary of Defense shall conduct a study
to identify initial entry points (including anonymous entry
points) through which military family members may seek
information or support relating to domestic abuse or child
abuse and neglect. Such study shall include an assessment
of--
(A) points at which military families interact with the
Armed Forces or the Department of Defense through which such
information or support may be provided to family members,
including points such as enrollment in the Defense Enrollment
Eligibility Reporting System, and the issuance of
identification cards; and
(B) other existing and potential routes through which such
family members may seek information or support from the Armed
Forces or the Department, including online chat rooms, text-
based support capabilities, and software applications for
smartphones.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report setting forth the results
of the study conducted under paragraph (1).
(g) Inspector General Report.--Not later than 120 days
after the date of the enactment of this Act, the Inspector
General of the Department of Defense shall submit to the
Secretary of Defense and to the Committees on Armed Services
of the Senate and the House of Representatives a report
that--
(1) evaluates the progress of the Secretary of Defense in
carrying out this section; and
(2) identifies any actions the Secretary is taking improve
the practices of military installations with respect to the
prevention and response to domestic abuse and child abuse and
neglect among military families.
(h) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(2) The term ``civilian order of protection'' has the
meaning given that term in section 1561a of title 10, United
States Code.
(3) The term ``disposition model for domestic violence''
means the process to determine--
(A) the disposition of charges of an offense of domestic
violence under section 928b of title 10, United States Code
(article 128b of the Uniform Code of Military Justice); and
(B) consequences of such disposition for members of the
Armed Forces determined to have committed such offense and
the victims of such offense.
(4) The term ``Incident Determination Committee'' means a
committee established at a military installation that is
responsible for reviewing reported incidents of domestic
abuse and determining whether such incidents constitute harm
to the victims of such abuse according to the applicable
criteria of the Department of Defense.
(5) The term ``qualified civilian victim service
organization'' means an organization outside the Department
of Defense that--
(A) is approved by the Secretary of Defense for the purpose
of providing legal or other services to victims of domestic
abuse; and
(B) is located in a community surrounding a military
installation.
(6) The term ``risk assessment tool'' means a process or
technology that may be used to evaluate a report of an
incident of domestic abuse to determine the likelihood that
the abuse will escalate or recur.
SEC. 528. MANDATORY NOTIFICATION OF MEMBERS OF THE ARMED
FORCES IDENTIFIED IN CERTAIN RECORDS OF
CRIMINAL INVESTIGATIONS.
(a) In General.--Chapter 80 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1567b. Mandatory notification of members of the armed
forces and reserve components identified in certain records
of criminal investigations
``(a) Notification of Inclusion MCIO Records.--As soon as
practicable after the conclusion of a criminal investigation
by a military criminal investigative organization, the head
of such organization shall provide, to any member or former
member of the armed forces and reserve components who is
designated in the records of the organization as a subject of
such investigation, written notice of such designation.
``(b) Initial Notification of Previous Inclusion in MCIO
Records.--Not later than 180 days after the date of the
enactment of this section, the head of each military criminal
investigative organization shall provide, to any member or
former member of the armed forces and reserve components who
is designated in the records of the organization as a subject
of a criminal investigation that is closed as of such date,
written notice of such designation.
``(c) Contents of Notice.--Each notice provided under
subsection (a) and (b) shall include the following
information--
``(1) The date on which the member was designated as a
subject of a criminal investigation in the records of the
military criminal investigative organization.
``(2) Identification of each crime for which the member was
investigated, including a citation to each provision of
chapter 47 of this title (the Uniform Code of Military
Justice) that the member was suspected of violating, if
applicable.
``(3) Instructions on how the member may seek removal of
the record in accordance with subsection (d).
``(d) Removal of Record.--The Secretary of Defense shall--
``(1) establish a process through which a member of the
armed forces and reserve components who receives a notice
under subsection (a) or (b) may request the removal of the
record that is the subject of such notice; and
``(2) issue uniform guidance, applicable to all military
criminal investigative organizations, specifying the
conditions under which such a record may be removed.
[[Page H4630]]
``(e) Military Criminal Investigative Organization
Defined.--In this section, the term `military criminal
investigative organization' means any organization or element
of the Department of Defense or an armed force that is
responsible for conducting criminal investigations,
including--
``(1) the Army Criminal Investigation Command;
``(2) the Naval Criminal Investigative Service;
``(3) the Air Force Office of Special Investigations;
``(4) the Coast Guard Investigative Service; and
``(5) the Defense Criminal Investigative Service.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1567b. Mandatory notification of members of the armed forces and
reserve components identified in certain records of
criminal investigations.''.
SEC. 529. AUTHORITY OF MILITARY JUDGES AND MILITARY
MAGISTRATES TO ISSUE MILITARY COURT PROTECTIVE
ORDERS.
(a) Judge-issued Military Court Protective Orders.--Chapter
80 of title 10, United Stated Code, is amended by adding at
the end the following new section:
``Sec. 1567b. Authority of military judges and military
magistrates to issue military court protective orders
``(a) Authority to Issue Military Court Protective
Orders.--The President shall prescribe regulations
authorizing military judges and military magistrates to issue
protective orders in accordance with this section. A
protective order issued in accordance with this section shall
be known as a `military court protective order'. Under the
regulations prescribed by the President, military judges and
military magistrates shall have exclusive jurisdiction over
the issuance, appeal, renewal, and termination of military
court protective orders and such orders may not be issued,
appealed, renewed, or terminated by State, local,
territorial, or tribal courts.
``(b) Enforcement by Civilian Authorities.--
``(1) In general.--In prescribing regulations for military
court protective orders, the President shall seek to ensure
that the protective orders are issued in a form and manner
that is enforceable by State, local, territorial, and tribal
civilian law enforcement authorities.
``(2) Full faith and credit.--Any military court protective
order shall be accorded full faith and credit by the court of
a State, local, territorial, or tribal jurisdiction (the
enforcing jurisdiction) and enforced by the court and law
enforcement personnel of that jurisdiction as if it were the
order of the enforcing jurisdiction.
``(3) Reciprocity agreements.--Consistent with paragraphs
(1) and (2), the Secretary of Defense shall seek to enter
into reciprocity agreements with State, local, territorial,
and tribal civilian law enforcement authorities under which--
``(A) such authorities agree to enforce military court
protective orders; and
``(B) the Secretary agrees to enforce protective orders
issued by such authorities that are consistent with section
2265(b) of title 18.
``(c) Purpose and Form of Issuance.--A military court
protective order--
``(1) may be issued for the purpose of protecting a victim
of an alleged covered offense, or a family member or
associate of the victim, from a person subject to chapter 47
of this title (the Uniform Code of Military Justice) who is
alleged to have committed such an offense; and
``(2) shall include--
``(A) a finding regarding whether such person represents a
credible threat to the physical safety of such alleged
victim;
``(B) a finding regarding whether the alleged victim is an
intimate partner or child of such person; and
``(C) if applicable, terms explicitly prohibiting the use,
attempted use, or threatened use of physical force that would
reasonably be expected to cause bodily injury against such
intimate partner or child.
``(d) Burden of Proof.--In determining whether to issue a
military court protective order, a military judge or military
magistrate shall make all relevant findings by a
preponderance of the evidence. The burden shall be on the
party requesting the order to produce sufficient information
to satisfy the preponderance of the evidence standard
referred to in the preceding sentence.
``(e) Timing and Manner of Issuance.--A military court
protective order may be issued--
``(1) by a military magistrate, before referral of charges
and specifications to court-martial for trial, at the request
of--
``(A) a victim of an alleged covered offense; or
``(B) a Special Victims' Counsel or other qualified counsel
acting on behalf of the victim; or
``(2) by a military judge, after referral of charges and
specifications to court-martial for trial, at the request of
qualified counsel, which may include a Special Victims'
Counsel acting on behalf of the victim or trial counsel
acting on behalf of the prosecution.
``(f) Duration and Renewal of Protective Order.--
``(1) Duration.--A military court protective order shall be
issued for an initial period of up to 180 days and may be
reissued for one or more additional periods, each of which
may be up to 180 days, in accordance with paragraph (2).
``(2) Expiration and renewal.--Before the expiration of any
period during which a military court protective order is in
effect, a military judge or military magistrate shall review
the order to determine whether the order will terminate at
the expiration of such period or be reissued for an
additional period of up to 180 days.
``(3) Notice to protected persons.--If a military judge or
military magistrate determines under paragraph (2) that a
military court protective order will terminate, the judge or
magistrate concerned shall direct that each person protected
by the order be provided with reasonable, timely, and
accurate notification of the termination.
``(g) Review of Magistrate-issued Orders.--
``(1) Review.--A military judge, at the request of the
person subject to a military court protective order that was
issued by a military magistrate, may review the order to
determine if the order was properly issued by the magistrate.
``(2) Standards of review.--A military judge who reviews an
order under paragraph (1) shall terminate the order if the
judge determines that--
``(A) the military magistrate's decision to issue the order
was an abuse of discretion, and there is not sufficient
information presented to the military judge to justify the
order; or
``(B) information not presented to the military magistrate
establishes that the military court protective order should
be terminated.
``(h) Due Process.--
``(1) Protection of due process.--Except as provided in
paragraph (2), a protective order authorized under subsection
(a) may be issued only after reasonable notice and
opportunity to be heard and to present evidence, directly or
through counsel, is given to the person against whom the
order is sought sufficient to protect that person's right to
due process.
``(2) Emergency orders.--A protective order on an emergency
basis may be issued on an ex parte basis under such rules and
limitations as the President shall prescribe. In the case of
ex parte orders, notice and opportunity to be heard and to
present evidence must be provided within a reasonable time
not to exceed 30 calendar days after the date on which the
order is issued, sufficient to protect the respondent's due
process rights.
``(i) Rights of Victim.--The victim of an alleged covered
offense who seeks a military court protective order has, in
addition to any rights provided under section 806b (article
6b), the following rights with respect to any proceeding
involving the protective order:
``(1) The right to reasonable, accurate, and timely notice
of the proceeding and of any change in the status of the
protective order resulting from the proceeding.
``(2) The right to be reasonably heard at the proceeding.
``(3) The right to appear in person, with or without
counsel, at the proceeding.
``(4) The right be represented by qualified counsel in
connection with the proceeding, which may include a Special
Victims' Counsel.
``(5) The reasonable right to confer with a representative
of the command of the accused and counsel representing the
government at the proceeding, as applicable.
``(6) The right to submit a written statement, directly or
through counsel, for consideration by the military judge or
military magistrate presiding over the proceeding.
``(j) Restrictions on Access to Firearms.--
``(1) In general.--Notwithstanding any other provision of
law--
``(A) a military court protective order issued on an ex
parte basis shall restrain a person from possessing,
receiving, or otherwise accessing a firearm; and
``(B) a military court protective order issued after the
person to be subject to the order has received notice and
opportunity to be heard on the order, shall restrain such
person from possessing, receiving, or otherwise accessing a
firearm in accordance with section 922 of title 18.
``(2) Notice to attorneys general.--
``(A) Notice of issuance.--Not later than 72 hours after
the issuance of an order described in paragraph (1), the
Secretary concerned shall submit a record of the order--
``(i) to the Attorney General of the United States; and
``(ii) to the Attorney General of the State or Territory in
which the order is issued.
``(B) Notice of recission or expiration.--Not later than 72
hours after the recission or expiration of an order described
in paragraph (1), the Secretary concerned shall submit notice
of such recission or expiration to the Attorneys General
specified in subparagraph (A).
``(k) Treatment as Lawful Order.--A military court
protective order shall be treated as a lawful order for
purposes of the application of section 892 (article 92) and a
violation of such an order shall be punishable under such
section (article).
``(l) Command Matters.--
``(1) Inclusion in personnel file.--Any military court
protective order against a member shall be placed and
retained in the military personnel file of the member, except
that such protective order shall be removed from the military
personnel file of the member if the member is acquitted of
the offense to which the order pertains, it is determined
that the member did not commit the act giving rise to the
protective order, or it is determined that the protective
order was issued in error.
``(2) Notice to civilian law enforcement of issuance.--Any
military court protective order against a member shall be
treated as a military protective order for purposes of
section 1567a including for purposes of mandatory
notification of issuance to Federal and State civilian law
enforcement agencies as required by that section.
``(m) Relationship to Other Authorities.--Nothing in this
section may be construed as prohibiting--
``(1) a commanding officer from issuing or enforcing any
otherwise lawful order in the nature of a protective order to
or against members of the officer's command;
[[Page H4631]]
``(2) pretrial restraint in accordance with Rule for
Courts-Martial 304 (as set forth in the Manual for Courts-
Martial, 2019 edition, or any successor rule); or
``(3) pretrial confinement in accordance with Rule for
Courts-Martial 305 (as set forth in the Manual for Courts-
Martial, 2019 edition, or any successor rule).
``(n) Delivery to Certain Persons.--A physical and
electronic copy of any military court protective order shall
be provided, as soon as practicable after issuance, to the
following:
``(1) The person or persons protected by the protective
order or to the guardian of such a person if such person is
under the age of 18 years.
``(2) The person subject to the protective order.
``(3) To such commanding officer in the chain of command of
the person subject to the protective order as the President
shall prescribe for purposes of this section.
``(o) Definitions.--In this section:
``(1) Contact.--The term `contact' includes contact in
person or through a third party, or through gifts,
``(2) Communication.--The term `communication' includes
communication in person or through a third party, and by
telephone or in writing by letter, data fax, or other
electronic means.
``(3) Covered offense.--The term `covered offense' means
the following:
``(A) An alleged offense under section 920, 920a, 920b,
920c, or 920d of this title (article 120, 120a, 120b, 120c,
or 120d of the Uniform Code of Military Justice).
``(B) An alleged offense of stalking under section 930 of
this title (article 130 of the Uniform Code of Military
Justice).
``(C) An alleged offense of domestic violence under section
928b of this title (article 128b of the Uniform Code of
Military Justice).
``(D) A conspiracy to commit an offense specified in
subparagraphs (A) through (C) as punishable under section 881
of this title (article 81 of the Uniform Code of Military
Justice).
``(E) A solicitation to commit an offense specified in
subparagraphs (A) through (C) as punishable under section 882
of this title (article 82 of the Uniform Code of Military
Justice).
``(F) An attempt to commit an offense specified in
subparagraphs (A) through (C) as punishable under section 880
of this title (article 80 of the Uniform Code of Military
Justice).
``(4) Military judge and military magistrate.--The terms
`military judge' and `military magistrate' mean a
commissioned officer of the armed forces who is a member of
the bar of a Federal court or a member of the bar of the
highest court of a State and who is certified to be
qualified, by reason of education, training, experience, and
judicial temperament, for duty as a military judge or
magistrate by the Judge Advocate General of the armed force
of which the officer is a member.
``(5) Protective order.--The term `protective order' means
an order that--
``(A) restrains a person from harassing, stalking,
threatening, or otherwise contacting or communicating with a
victim of an alleged covered offense, or a family member or
associate of the victim, or engaging in other conduct that
would place such other person in reasonable fear of bodily
injury to any such other person;
``(B) by its terms, explicitly prohibits--
``(i) the use, attempted use, or threatened use of physical
force by the person against a victim of an alleged covered
offense, or a family member or associate of the victim, that
would reasonably be expected to cause bodily injury;
``(ii) the initiation by the person restrained of any
contact or communication with such other person;
``(iii) any other behavior by the person restrained that
the court deems necessary to provide for the safety and
welfare of the victim of an alleged covered offense, or a
family member or associate of the victim; or
``(iv) actions described by any of clauses (i) through
(iii).
``(6) Special victims' counsel.--The term `Special Victims
Counsel' means a Special Victims' Counsel described in
section 1044e and includes a Victims' Legal Counsel of the
Navy.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1567b. Authority of military judges and military magistrates to issue
military court protective orders.''.
(c) Implementation.--The President shall prescribe
regulations implementing section 1567b of title 10, United
States Code (as added by subsection (a)), by not later than
one year after the date of the enactment of this Act.
SEC. 529A. COUNTERING EXTREMISM IN THE ARMED FORCES.
(a) In General.--Part II of subtitle A of title 10, United
States Code, is amended by adding at the end the following
new chapter:
``CHAPTER 89--COUNTERING EXTREMISM
``1801. Office of Countering Extremism.
``1802. Training and education.
``1803. Data collection and analysis.
``1804. Reporting requirements.
``1805. Definitions.
``Sec. 1801. Office of Countering Extremism
``(a) Establishment.--(1) There is an Office of Countering
Extremism (in this section referred to as the `Office')
within the Office of the Under Secretary of Defense for
Personnel and Readiness.
``(2) The Office shall be headed by the Director of
Countering Extremism (in this chapter referred to as the
`Director'), who shall be appointed by the Secretary of
Defense, in consultation with the Secretary of Homeland
Security, and report directly to the Under Secretary of
Defense for Personnel and Readiness and the Secretary.
``(b) Duties.--The Director shall--
``(1) be responsible for policy of countering extremism
within the armed forces;
``(2) in coordination with the Secretaries of the military
departments, develop and implement programs, resources, and
activities to counter extremism within the armed forces;
``(3) establish policies to ensure adequate protection,
transparency of process, and availability of resources for
individuals who report incidents of extremism;
``(4) facilitate and coordinate with the Secretaries of the
military departments, law enforcement organizations, security
organizations, and insider threat programs in the armed
forces;
``(5) engage and interact with, and solicit recommendations
from, outside experts on extremism;
``(6) coordinate with--
``(A) the Under Secretary for Defense for Intelligence and
Security; and
``(B) the Deputy Inspector General of the Department of
Defense for Diversity and Inclusion and Supremacist,
Extremism and Criminal Gang Activity; and
``(7) perform any additional duties prescribed by the
Secretary of Defense, in consultation with the Secretary of
Homeland Security.
``Sec. 1802. Training and education
``(a) In General.--The Secretary of each military
department, in coordination with the Director, shall develop
and implement training and education programs and related
materials to assist members of the armed forces and civilian
employees of the armed forces in identifying, preventing,
responding to, reporting, and mitigating the risk of
extremism.
``(b) Extremist Insider Threat Training.--(1) The training
and education programs and materials described in subsection
(a) shall include information on the following:
``(A) What constitutes an extremist insider threat.
``(B) Risks posed by extremist insider threats.
``(C) How to identify extremist insider threats.
``(D) How to recognize when an individual is being
influenced by extremism or targeted for recruitment by
extremist groups.
``(E) Information about procedures on when and how to
report detected extremist insider threats.
``(F) Resources for reporting outside the chain of command.
``(G) Media literacy training.
``(H) Whistleblower protections.
``(I) Such other information as may be required by the
Secretary of Defense, in consultation with the Secretary of
Homeland Security.
``(2) The Secretary of Defense, in consultation with the
Secretary of Homeland Security, shall provide the training
and education described in subsection (a) as part of each of
the following:
``(A) Initial entry training for members of the armed
forces.
``(B) Curricula of--
``(i) the United States Army Training and Doctrine Command;
``(ii) the Naval Education and Training Command;
``(iii) the Air Education and Training Command;
``(iv) all pre-commissioning programs of the Department of
Defense;
``(v) the military service academies;
``(vi) the Coast Guard Education and Training Quota
Management Command;
``(vii) the Coast Guard Academy; and
``(viii) all pre-commissioning programs of the Coast Guard.
``(C) Certification courses required for members or
officers to be considered for promotion to any grade above E-
5, WO-5 (WO-3, in the case of the Coast Guard), or O-5. Such
members and officers shall also receive training regarding--
``(i) how to identify emerging extremist insider threat
behaviors in a unit; and
``(ii) procedures on when and how to respond when a
subordinate reports a suspected extremist insider threat.
``(3) The Secretary of Defense, in consultation with the
Secretary of Homeland Security, shall include the information
described in paragraph (1) in brochures, posters, print and
online publications, or other educational materials of the
armed forces.
``(c) Recruiter Training.--The Secretary of each military
department, in coordination with the Director, shall
coordinate with the recruiting activities and organization of
the armed forces to develop and carry out a training program
for recruiters on how to--
``(1) identify indicators of extremism in potential
recruits;
``(2) identify members of extremist organizations in
potential recruits; and
``(3) screen potential recruits for extremist ties to
ensure potential recruits comply with enlistment, accession,
or commissioning requirements.
``Sec. 1803. Data collection and analysis
``(a) In General.--The Director shall--
``(1) establish and maintain a database on extremist
activities in the armed forces; and
``(2) ensure the data collected across the military
departments is uniform to the maximum extent practicable.
``(b) Records.--The database established in subsection (a)
shall include records on--
``(1) each incident, complaint, or allegation of extremism
by a member or civilian employee of the armed forces,
including--
``(A) the extremist behavior related to the incident,
complaint, or allegation;
``(B) the rank, race, gender, and ethnicity of the
individuals involved in the incident, complaint, or
allegation;
``(C) each Federal agency involved in investigating the
incident, complaint, or allegation;
``(D) any investigation of the incident, complain, or
allegation;
``(E) any action taken by a commander or supervisor in
response to the incident, complaint, or allegation;
[[Page H4632]]
``(F) any adverse administrative personnel action or
punitive action related to the incident, complaint, or
allegation, including details of the type of action initiated
and the final disposition of such action;
``(G) descriptions of an ideology, movement, or extremist
group associated with the incident, complaint, or allegation;
and
``(H) records submitted or collected regarding
administrative or punitive action referred to in subsection
(F).
``(2) each notification from the Federal Bureau of
Investigation to the Secretary of Defense, the Secretary of
Homeland Security, or a law enforcement agency (if in the
possession of either such Secretary), of investigations
related to extremism of current and former members of the
armed forces, unless such reporting would jeopardize public
safety or compromise an ongoing law enforcement
investigation;
``(3) responses related to questions about extremism on
surveys, questionnaires, command climate surveys, transition
checklists, exit surveys, and other information gathering
sources;
``(4) each involuntary separation or denial of enlistment
or commissioning on the basis of extremism;
``(5) each security clearance revoked on the basis of
extremism; and
``(6) any other requirements prescribed by the Secretary of
Defense, in consultation with the Secretary of Homeland
Security.
``(c) Coordination.--Each Secretary of a military
department shall collect records described in subsection (b)
and provide them to the Director.
``Sec. 1804. Reporting requirements
``(a) Annual Report.--Not later than December 1 of each
year, the Director shall submit to Congress a report on the
prevalence of extremist activities within the armed forces
that includes the number of individuals--
``(1) determined ineligible to serve in the Armed Forces
during the preceding fiscal year by reason of engagement in
extremist activities;
``(2) separated from the Armed Forces during the preceding
fiscal year by reason of engagement in extremist activities;
``(3) determined ineligible to reenlist in the armed forces
during the preceding fiscal year by reason of engagement in
extremist activities;
``(4) whose security clearances were revoked during the
preceding fiscal year by reason of engagement in extremist
activities;
``(5) statistics of incidents, complaints, and allegations
recorded under section 1803(b)--
``(A) disaggregated data by armed force, race, gender,
ethnicity, grade, and rank; and
``(B) with any personally identifiable information
redacted;
``(6) regulations prescribed to counter extremism in the
armed forces; and
``(7) any recommendations to Congress for related
legislative actions to address extremism within the armed
forces.
``(b) Publication.--The Secretary of Defense shall--
``(1) publish on an appropriate publicly available website
of the Department of Defense the reports required by
subsection (a); and
``(2) ensure that any data included with each such report
is made available in a machine-readable format that is
downloadable, searchable, and sortable.
``Sec. 1805. Definitions
``In this chapter:
``(1) The terms `extremist activities' and `extremist
organization' have the meanings prescribed by the Secretary
of Defense.
``(2) The term `extremist insider threat' means a member or
civilian employee of the armed forces with access to
Government information, systems, or facilities, who--
``(A) can use such access to do harm to the security of the
United States; and
``(B) exhibits extremist behaviors.''.
(b) Technical Amendment.--The table of chapters for part II
of subtitle A of such title 10 is amended by inserting, after
the item relating to chapter 88, the following new item:
``89. Countering Extremism..................................1801''.....
(c) Regulations.--The Secretary of Defense shall prescribe
regulations under chapter 89 of such title (including
definitions under section 1805 of such title), as added by
subsection (a), not later than 60 days after the date of the
enactment of this Act.
(d) Progress Report.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report on the status of
the implementation of chapter 89 of such title, as added by
subsection (a).
(e) Prohibition on Extremist Activities.--
(1) Prohibition.--Chapter 39 of title 10, United States
Code, is amended by inserting after section 985 the following
new section:
``Sec. 986. Prohibition on extremist activities
``(a) Prohibition.--An individual who engages in extremist
activities or is a member of an extremist organization may
not serve as a member of the armed forces.
``(b) Regulations.--The Secretary of Defense shall
prescribe regulations regarding the separation of a member of
the armed forces who engages in extremist activities or is a
member of an extremist organization.
``(c) Definitions.--In this section, the terms `extremist
activities' and `extremist organization' have the meanings
given such terms in section 1805 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 985 the following new item:
``986. Prohibition on extremist activities.''.
(f) Provision of Information Regarding Extremist Groups in
Transition Assistance Program.--Section 1142(b) of title 10,
United States Code, is amended by adding at the end the
following new paragraph (20):
``(20) Information about efforts of extremist groups to
recruit former members of the armed forces, including how a
member may report such efforts to the Secretary concerned.''.
(g) Authority to Utilize Online Extremist Content as Cause
for Separation From an Armed Force.--Chapter 3 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 130l. Authority to utilize online extremist content as
cause for separation from an armed force
``The Secretary concerned may use content knowingly shared,
disseminated, or otherwise made available online (including
on social media platforms and accounts) by an individual who
serves in an armed force that expresses support for extremist
activities (as that term is defined in section 1804 of this
title) as cause for involuntary separation from an armed
force.''.
(h) Coordination of Director of Countering Extremism With
Deputy Inspector General Regarding Supremacist, Extremist, or
Criminal Gang Activity in the Armed Forces.--Section
554(a)(3) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283)
is amended by adding at the end the following new
subparagraph:
``(E) The Director of Countering Extremism.''.
(i) Effective Date.--The amendments made by this section
shall take effect on the day that the Secretary of Defense
prescribes regulations under subsection (c).
SEC. 529B. REFORM AND IMPROVEMENT OF MILITARY CRIMINAL
INVESTIGATIVE ORGANIZATIONS.
(a) Evaluation and Plan for Reform.--Not later than one
year after the date of the enactment of this Act, each
Secretary concerned shall--
(1) complete an evaluation of the effectiveness of the
military criminal investigative organizations under the
jurisdiction of such Secretary: and
(2) submit to the Secretary of Defense and the Committees
on Armed Services of the Senate and the House of
Representatives a report that includes--
(A) the results of the evaluation conducted under paragraph
(1); and
(B) based on such results, a proposal for reforming such
military criminal investigative organizations to ensure that
the organizations effectively meet the demand for complex
investigations and other emerging mission requirements.
(b) Implementation Plan.--
(1) In general.--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 plan to
implement the reforms to military criminal investigative
organizations proposed by the Secretaries concerned under
subsection (a) to ensure each such organization is capable of
professionally investigating criminal misconduct under its
jurisdiction.
(2) Elements.--The plan under paragraph (1) shall include
the following:
(A) The requirements that military criminal investigative
organizations must meet to effectively carry out criminal
investigative and other law enforcement missions in 2022 and
subsequent years.
(B) The resources that will be needed to ensure that each
military criminal investigative organization can achieve its
mission.
(C) An analysis of factors affecting the performance of
military criminal investigate organizations, including--
(i) whether appropriate technological investigative tools
are available and accessible to such organizations; and
(ii) whether the functions of such organizations would be
better supported by civilian rather than military leadership.
(D) For each military criminal investigative organization--
(i) the number of military personnel assigned to such
organization;
(ii) the number of civilian personnel assigned to such
organization; and
(iii) the functions of such military and civilian
personnel.
(E) A description of any plans of the Secretary to develop
a more professional workforce of military and civilian
investigators.
(F) A proposed timeline for the reform of the military
investigative organizations.
(G) An explanation of the potential benefits of such
reforms, including a description of--
(i) specific improvements that are expected to result from
the reforms; and
(ii) whether the reforms will improve information sharing
across military criminal investigative organizations.
(H) With respect to the military criminal investigative
organizations of the Army, an explanation of how the plan
will--
(i) address the findings of the report of the Fort Hood
Independent Review Committee, dated November 6, 2020; and
(ii) coordinate with any other internal reform efforts of
the Army.
(c) Limitation on the Changes to Training Locations.--In
carrying out this section, the Secretary of Defense may not
change the locations at which military criminal investigative
training is provided to members of military criminal
investigative organizations until--
(1) the implementation plan under subsection (b) is
submitted to the appropriate congressional committees; and
(2) a period of 60 days has elapsed following the date on
which the Secretary notifies the congressional defense
committees of the Secretary's intent to move such training to
a different location.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
[[Page H4633]]
(A) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(2) The term ``military criminal investigative
organization'' means each organization or element of the
Department of Defense or the Armed Forces that is responsible
for conducting criminal investigations, including--
(A) the Army Criminal Investigation Command;
(B) the Naval Criminal Investigative Service;
(C) the Air Force Office of Special Investigations;
(D) the Coast Guard Investigative Service; and
(E) the Defense Criminal Investigative Service.
(3) The term ``Secretary concerned'' has the meaning given
that term in section 101(a)(9) of title 10, United States
Code.
SEC. 529C. MEASURES TO IMPROVE THE SAFETY AND SECURITY OF
MEMBERS OF THE ARMED FORCES.
(a) Comprehensive Review of Missing Persons Reporting.--The
Secretary of Defense shall instruct the Secretary of each
military department to undertake a comprehensive review of
the policies and procedures of such military department for
reporting members of the Armed Forces absent without leave,
on unauthorized absence, or missing.
(b) Review of Installation-level Procedures.--The commander
of each military installation shall--
(1) direct each military installation under its command to
review its policies and procedures for carrying out the
reporting activities described under subsection (a); and
(2) update such installation-level policies and procedures
with a view towards force protection, enhanced security for
members of the Armed Forces living on base, and prioritizing
reporting at the earliest reasonable time to local law
enforcement at all levels, and Federal law enforcement field
offices with overlapping jurisdiction with that installation,
when a member is determined to be missing.
(c) Installation-specific Reporting Protocols.--
(1) In general.--The commander of each military
installation shall establish a protocol for sharing
information with local and Federal law enforcement agencies
about members of the Armed Forces that are absent without
leave, on unauthorized absence, or missing. The protocol
shall provide, by memorandum of understanding or otherwise,
for the commander to notify all local and Federal law
enforcement agencies with jurisdiction over the immediate
area of the military installation--
(A) immediately when the status of a member assigned to
such installation has been changed to absent without leave,
on unauthorized absence, or missing (including whether the
commander determines that such member has a violent intent,
based on criteria including whether a firearm is missing from
such military installation); and
(B) of the status of a member described in subparagraph
(A), not less than once per week after notification under
such subparagraph, until the commander changes the status of
such member.
(2) Reporting to military installation command.--The
commander of each military installation shall submit the
protocol established pursuant to paragraph (1) to the
relevant military installation command.
(d) Report of Chief of National Guard Bureau.--Not later
than March 1, 2022, the Chief of the National Guard Bureau
shall submit to the Committees on Armed Services and on the
Judiciary of the Senate and House of Representatives, a
report on the feasibility of implementing subsections (a),
(b), and (c), with regards to facilities of the National
Guard. Such report shall include a proposed timeline for such
implementation and recommendations of the Chief.
SEC. 529D. DISTRIBUTION OF INFORMATION ON THE AVAILABILITY OF
CIVILIAN VICTIM SERVICES.
(a) Information Distribution.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall--
(1) require each military legal service provider to
provide, to each victim referred to such provider, a list of
approved civilian victim service organizations from which the
victim may seek legal assistance, legal representation, or
other legal services; and
(2) direct the Sexual Assault Prevention and Response
Office of the Department of Defense to carry out activities
to ensure the widespread distribution, throughout the
Department, of information on the availability of services
from civilian victim service organizations.
(b) Approval of Organizations.--The Secretary of Defense,
acting through the Sexual Assault Prevention and Response
Office of the Department of Defense, shall establish criteria
for the approval of civilian victim service organizations for
inclusion on the list described in subsection (a)(1).
(c) Definitions.--In this section:
(1) The term ``civilian victim service organization'' means
an organization outside the Department of Defense that is
approved by the Secretary of Defense for the purpose of
providing legal assistance, legal representation, or other
legal services directly to a victim.
(2) The term ``military legal service provider'' means an
individual or organization within the Department of Defense
authorized to provide legal assistance, legal representation,
or other legal services directly to a victim.
(3) The term ``victim'' means the victim of an offense
under chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice).
SEC. 529E. REPORT ON MANDATORY RESTITUTION.
Not later than April 30, 2022, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
Department's progress in evaluating the feasibility and
advisability of authorizing mandatory restitution as a
component of the sentence for a conviction of an offense
under chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice).
Subtitle D--Implementation of Recommendations of the Independent Review
Commission on Sexual Assault in the Military
SEC. 531. SHORT TITLE.
This subtitle may be cited as the ``IRC implementation Act
of 2021''.
PART 1--SPECIAL VICTIM PROSECUTORS AND SPECIAL VICTIM OFFENSES
SEC. 532. SPECIAL VICTIM PROSECUTORS.
(a) In General.--Subchapter V of chapter 47 of title 10,
United States Code, is amended by inserting after section 824
(article 24 of the Uniform Code of Military Justice) the
following new section:
``Sec. 824a. Art. 24a. Special victim prosecutors
``(a) Detail of Special Victim Prosecutors and Assistant
Special Victim Prosecutors.--Each Secretary concerned shall
detail--
``(1) one commissioned officer from each armed force under
the jurisdiction of such Secretary to serve as the special
victim prosecutor of that armed force; and
``(2) such number of assistant special victim prosecutors
as the Secretary considers appropriate to assist such special
victim prosecutor.
``(b) Qualifications.--
``(1) Qualifications of special victim prosecutors.--A
special victim prosecutor shall be a commissioned officer of
the armed forces who--
``(A) is in the grade of O-6 or higher;
``(B) is a judge advocate;
``(C) is a member of the bar of a Federal court or a member
of the bar of the highest court of a State; and
``(D) is certified to be qualified, by reason of education,
training, experience, and temperament, for duty as a special
victim prosecutor.
``(2) Qualifications of assistant special victim
prosecutors.--An assistant special victim prosecutor shall be
a commissioned officer of the armed forces who--
``(A) has at least five years of criminal justice
experience;
``(B) is a judge advocate;
``(C) is a member of the bar of a Federal court or a member
of the bar of the highest court of a State; and
``(D) is certified to be qualified, by reason of education,
training, experience, and temperament, for duty as an
assistant special victim prosecutor.
``(c) Duties and Authorities.--
``(1) In general.--Special victim prosecutors and assistant
special victim prosecutors shall carry out the duties
described in this chapter and any other duties prescribed by
the Secretary of Defense, in consultation with the Secretary
of Homeland Security, by regulation.
``(2) Clarification of authority of assistant special
victim prosecutors.--Except as otherwise expressly provided
in this chapter, an assistant special victim prosecutor shall
have the same authorities granted to a special victim
prosecutor under this chapter.
``(3) Determination of special victim offense; related
charges.--
``(A) Authority.--A special victim prosecutor shall have
exclusive authority to determine if an offense is a special
victim offense and shall, upon completion of a relevant
investigation, exercise authority over any such offense in
accordance with this chapter.
``(B) Related offenses.--If a special victim prosecutor
determines that an offense is a special victim offense, the
special victim prosecutor may also exercise authority over
any reported offense that the special victim prosecutor
determines to be related to the special victim offense and
any other reported offense by the person alleged to have
committed a special victim offense.
``(4) Dismissal; preferral; referral; plea bargains.--
Subject to paragraph (5), with respect to charges and
specifications alleging any offense over which a special
victim prosecutor exercises authority, a special victim
prosecutor shall have exclusive authority to, in accordance
with this chapter--
``(A) make a determination that is binding on the convening
authority to prefer or refer the charges and specifications
for trial by a special or general court-martial;
``(B) on behalf of the Government, dismiss the charges and
specifications or make a motion to dismiss the charges and
specifications;
``(C) enter into a plea agreement; and
``(D) determine if an ordered rehearing is impracticable.
``(5) Deferral to convening authority.--
``(A) In general.--Except as provided in subparagraph (B),
if a special victim prosecutor exercises authority over an
offense and elects not to prefer charges and specifications
for such offense or, with respect to charges and
specifications for such offense preferred by a person other
than a special victim prosecutor, elects not to refer such
charges and specifications, a convening authority may
exercise any of the authorities of the convening authority
under this chapter with respect to such offense.
``(B) Exception.--In exercising authority under with
respect to an offense described in subparagraph (A), a
convening authority may not refer charges and specifications
for a special victim offense for trial by special or general
court-martial.
``(d) Relevant Investigation Defined.--In this section, the
term `relevant investigation' means an investigation into an
alleged offense
[[Page H4634]]
under this chapter that is conducted by the Federal
Government or a State, local, or Tribal law enforcement
organization.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter V of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is
amended by inserting after the item relating to section 824
(article 24) the following new item:
``824a. Art. 24a. Special victim prosecutors.''.
SEC. 533. DEPARTMENT OF DEFENSE POLICIES WITH RESPECT TO
SPECIAL VICTIM PROSECUTORS AND ESTABLISHMENT OF
OFFICES OF SPECIAL VICTIM PROSECUTORS WITHIN
MILITARY DEPARTMENTS.
(a) In General.--Chapter 53 of title 10, United States
Code, is amended by inserting after section 1044e the
following new section:
``Sec. 1044f. Special victim prosecutors: Department of
Defense policies; establishment of Offices of Special
Victim Prosecutors
``(a) Policies Required.--The Secretary of Defense shall
establish policies with respect to the appropriate mechanisms
and procedures that the Secretaries of the military
departments shall establish and carry out relating to the
activities of special victim prosecutors, including expected
milestones for the Secretaries to fully implement such
mechanisms and procedures.
``(b) Military Department Offices of Special Victim
Prosecutors.--
``(1) Establishment.--Each Secretary of a military
department shall establish within the office of such
Secretary an Office of Special Victim Prosecutors. The head
of each such Office of Special Victim Prosecutors shall be a
general or flag officer of the Judge Advocate General's Corps
an armed force under the jurisdiction of such Secretary and
shall report directly to the Secretary concerned without
intervening authority.
``(2) Assignment of special victim prosecutors.--
Notwithstanding section 806 of this title (article 6) each
special victim prosecutor and assistant special victim
prosecutor detailed by a Judge Advocate General of a military
department shall be assigned to an Office of Special Victim
Prosecutors established by such Secretary.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 53 of title 10, United States Code, is
amended by inserting after the item relating to section 1044e
the following new item:
``1044f. Special victim prosecutors: Department of Defense policies;
establishment of Offices of Special Victim
Prosecutors.''.
SEC. 534. DEFINITIONS OF MILITARY MAGISTRATE, SPECIAL VICTIM
OFFENSE, AND SPECIAL VICTIM PROSECUTOR.
Section 801 of title 10, United States Code (article 1 of
the Uniform Code of Military Justice), is amended--
(1) by inserting after paragraph (10) the following new
paragraph:
``(11) The term `military magistrate' means a commissioned
officer certified for duty as a military magistrate in
accordance with section 826a of this title (article 26a).''.
(2) by adding at the end the following new paragraphs:
``(17) The term `special victim offense' means--
``(A) an offense under section 917a (article 117a), section
919a (article 119a), section 919b (article 119b), section 920
(article 120), section 925 (article 125), section 920b
(article 120b), section 920c (article 120c), section 920d
(article 120d), section 928b (article 128b), section 930
(article 130), section 932 (article 132), or section 934
(article 134) (as it relates to child pornography, pandering,
and prostitution) of this title;
``(B) any offense under this chapter in a case in which the
victim of the offense was a child who had not attained the
age of 18 years as of the date of the offense;
``(C) a conspiracy to commit an offense specified in
subparagraph (A) or (B) as punishable under section 881 of
this title (article 81);
``(D) a solicitation to commit an offense specified in
subparagraph (A) or (B) as punishable under section 882 of
this title (article 82);
``(E) an attempt to commit an offense specified in
subparagraph (A), (B), (C), or (D) as punishable under
section 880 of this title (article 80); or
``(18) The term `special victim prosecutor' means a judge
advocate detailed as the special victim prosecutor of an
armed force in accordance with section 824a(a)(1) of this
title (article 24a(a)(1)).
``(19) The term `assistant special victim prosecutor' means
a judge advocate detailed as an assistant special victim
prosecutor in accordance with section 824a(a)(2) of this
title (article 24a(a)(2)).''.
SEC. 535. CLARIFICATION RELATING TO WHO MAY CONVENE COURTS-
MARTIAL.
(a) General Courts-martial.--Section 822(b) of title 10,
United States Code (article 22(b) of the Uniform Code of
Military Justice), is amended--
(1) by striking ``If any'' and inserting ``(1) If any'';
and
(2) by adding at the end the following new paragraph:
``(2) A commanding officer shall not be considered an
accuser solely due to the role of the commanding officer in
convening a general court-martial to which charges and
specifications were referred by a special victim prosecutor
in accordance with this chapter.''.
(b) Special Courts-martial.--Section 823(b) of title 10,
United States Code (article 23(b) of the Uniform Code of
Military Justice), is amended--
(1) by striking ``If any'' and inserting ``(1) If any'';
and
(2) by adding at the end the following new paragraph:
``(2) A commanding officer shall not be considered an
accuser solely due to the role of the commanding officer in
convening a special court-martial to which charges and
specifications were referred by a special victim prosecutor
in accordance with this chapter.''.
SEC. 536. DETAIL OF TRIAL COUNSEL.
Section 827 of title 10, United States Code (article 27 of
the Uniform Code of Military Justice), is amended by adding
at the end the following new subsection:
``(e) For each general and special court-martial for which
charges and specifications were referred by a special victim
prosecutor--
``(1) a special victim prosecutor or an assistant special
victim prosecutor shall be detailed as trial counsel;
``(2) a special victim prosecutor may detail a special
victim prosecutor or an assistant special victim prosecutor
as an assistant trial counsel; and
``(3) a special victim prosecutor may request that a
counsel other than a special victim prosecutor or assistant
special victim prosecutor be detailed as an assistant trial
counsel.''.
SEC. 537. PRELIMINARY HEARING.
(a) Detail of Hearing Officer; Waiver.--Subsection (a)(1)
of section 832 of title 10, United States Code (article 32 of
the Uniform Code of Military Justice), is amended--
(1) in subparagraph (A), by striking ``hearing officer''
and all that follows and inserting ``hearing officer detailed
in accordance with subparagraph (C).'';
(2) in subparagraph (B), by striking ``written waiver'' and
all that follows and inserting the following: ``written
waiver to--
``(i) except as provided in clause (ii), the convening
authority and the convening authority determines that a
hearing is not required; and
``(ii) with respect to charges and specifications over
which the special victim prosecutor is exercising authority
in accordance with section 824a of this title (article 24a),
the special victim prosecutor and the special victim
prosecutor determines that a hearing is not required; and'';
and
(3) by adding at the end the following new subparagraph:
``(C)(i) Except as provided in clause (ii), the convening
authority shall detail a hearing officer.
``(ii) If a special victim prosecutor is exercising
authority over the charges and specifications subject to a
preliminary hearing under this section (article), the special
victim prosecutor shall request a military judge or military
magistrate to serve as the hearing officer, and a military
judge or military magistrate shall be provided, in accordance
with regulations prescribed by the President.''.
(b) Report of Preliminary Hearing Officer.--Subsection (c)
of such section is amended--
(1) in the heading, by inserting ``or Special Victim
Prosecutor'' after ``Convening Authority''; and
(2) in the matter preceding paragraph (1) by striking ``to
the convening authority'' and inserting ``to the convening
authority or, in the case of a preliminary hearing in which
the hearing officer is provided at the request of a special
victim prosecutor, to the special victim prosecutor,''.
SEC. 538. ADVICE TO CONVENING AUTHORITY BEFORE REFERRAL FOR
TRIAL.
Section 834 of title 10, United States Code (article 34 of
the Uniform Code of Military Justice), is amended--
(1) in subsection (a)(1) in the matter preceding
subparagraph (A) in the first sentence, by striking ``Before
referral'' and inserting ``Subject to subsection (c), before
referral'';
(2) in subsection (b), by striking ``Before referral'' and
inserting ``Subject to subsection (c), before referral'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(4) by inserting after subsection (b) the following new
subsection:
``(c) Special Victim Offenses.--A referral to a general or
special court-martial for trial of charges and specifications
over which a special victim prosecutor exercises authority
may only be made--
``(1) by a special victim prosecutor; or
``(2) by the convening authority in the case of--
``(A) charges and specifications that do not allege a
special victim offense and for which a special victim
prosecutor declines to prefer charges; or
``(B) charges and specifications preferred by a person
other than a special victim prosecutor, for which a special
victim prosecutor declines to refer charges.''; and
(5) in subsection (e), as redesignated by paragraph (3) of
this section, by inserting ``or, with respect to charges and
specifications over which a special victim prosecutor
exercises authority in accordance with section 824a of this
title (article 24a), a special victim prosecutor,'' after
``convening authority''.
SEC. 539. FORMER JEOPARDY.
Section 844(c) of title 10, United States Code (article
44(c) of the Uniform Code of Military Justice), is amended by
inserting ``or the special victim prosecutor'' after ``the
convening authority'' each place it appears.
SEC. 539A. PLEA AGREEMENTS.
(a) Authority to Enter Into Agreements.--Subsection (a) of
section 853a of title 10, United States Code (article 53a of
the Uniform Code of Military Justice), is amended--
(1) in paragraph (1), by striking ``At any time'' and
inserting ``Subject to paragraph (3), at any time''; and
(2) by adding at the end the following new paragraph:
``(3) With respect to charges and specifications referred
to court-martial by a special victim prosecutor, a plea
agreement under this section
[[Page H4635]]
may only be entered into between a special victim prosecutor
and the accused. Such agreement shall be subject to the same
limitations and conditions applicable to other plea
agreements under this section (article).''.
(b) Binding Effect.--Subsection (d) of such section
(article) is amended by inserting after ``parties'' the
following: ``(including the convening authority and the
special victim prosecutor in the case of a plea agreement
entered into under subsection (a)(3))''.
SEC. 539B. DETERMINATIONS OF IMPRACTICALITY OF REHEARING.
(a) Transmittal and Review of Records.--Section
865(e)(3)(B) of title 10, United States Code (article
65(e)(3)(B) of the Uniform Code of Military Justice), is
amended--
(1) by striking ``Impractical.--If the Judge Advocate
General'' and inserting the following: ``Impractical.--
``(i) In general.--Subject to clause (ii), if the Judge
Advocate General''; and
(2) by adding at the end the following new clause:
``(ii) Cases referred by special victim prosecutor.--If a
case was referred to trial by a special victim prosecutor, a
special victim prosecutor shall determine if a rehearing is
impractical and shall dismiss the charges if the special
victim prosecutor so determines.''.
(b) Courts of Criminal Appeals.--Section 866(f)(1)(C) of
title 10, United States Code (article 66(f)(1)(C) of the
Uniform Code of Military Justice), is amended--
(1) by striking ``Impracticable.--If the Court of Criminal
Appeals'' and inserting the following: ``Impracticable.--
``(i) In general.--Subject to clause (ii), if the Court of
Criminal Appeals''; and
(2) by adding at the end the following new clause:
``(ii) Cases referred by special victim prosecutor.--If a
case was referred to trial by a special victim prosecutor, a
special victim prosecutor shall determine if a rehearing is
impracticable and shall dismiss the charges if the special
victim prosecutor so determines.''.
(c) Review by the Court of Appeals for the Armed Forces.--
Section 867(e) of title 10, United States Code (article 67(e)
of the Uniform Code of Military Justice), is amended by
adding at the end the following new sentence:
``Notwithstanding the preceding sentence, if a case was
referred to trial by a special victim prosecutor, a special
victim prosecutor shall determine if a rehearing is
impracticable and shall dismiss the charges if the special
victim prosecutor so determines.''.
(d) Review by Judge Advocate General.--Section 869(c)(1)(D)
of title 10, United States Code (article 69(c)(1)(D) of the
Uniform Code of Military Justice), is amended--
(1) by striking ``If the Judge Advocate General'' and
inserting ``(i) Subject to clause (ii), if the Judge Advocate
General''; and
(2) by adding at the end the following new clause:
``(ii) If a case was referred to trial by a special victim
prosecutor, a special victim prosecutor shall determine if a
rehearing is impractical and shall dismiss the charges if the
special victim prosecutor so determines.''.
SEC. 539C. PUNITIVE ARTICLE ON SEXUAL HARASSMENT.
(a) In General.--Subchapter X of chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), is
amended by inserting after section 920c (article 120c) the
following new section (article):
``Sec. 920d. Art. 120d. sexual harassment
``(a) In General.--Any person subject to this chapter who
commits sexual harassment against another person shall be
punished as a court-martial may direct.
``(b) Elements.--A person subject to this chapter commits
sexual harassment when--
``(1) such person knowingly--
``(A) makes a sexual advance;
``(B) demands or requests a sexual favor; or
``(C) engages in other conduct of a sexual nature;
``(2) the conduct described in paragraph (1) that such
person committed is unwelcome;
``(3) under the circumstances, on the basis of the record
as a whole, such conduct would cause a reasonable person to--
``(A) believe that submission to, or rejection of, such
conduct would be made, either explicitly or implicitly, a
term or condition of a person's military duties, job, pay,
career, benefits, or entitlements;
``(B) believe that submission to, or rejection of, such
conduct would be used as a basis for military career or
employment decisions affecting that person; or
``(C) perceive an intimidating, hostile, or offensive duty
or working environment due to the severity, repetitiveness,
or pervasiveness of such conduct; and
``(4) a person, who by some duty or military-related reason
works or is associated with the accused, did reasonably
believe or perceive as described in subparagraph (A), (B), or
(C) of paragraph (3).
``(c) Other Conduct.--For purposes of subsection (b)(1)(C),
whether other conduct would cause a reasonable person to
believe it is of a sexual nature shall be dependent upon the
circumstances of the act alleged and may include conduct
that, without context, would not appear to be sexual in
nature.
``(d) Location and Means of Act.--An act constituting
sexual harassment under this section--
``(1) may occur at any location and without regard to
whether the victim or accused is on or off duty at the time
of the alleged act;
``(2) does not require physical proximity between the
victim and the accused; and
``(3) may be transmitted through any means, including
written, oral, online, or other electronic means.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 920c (article 120c) the
following new item:
``920d. Art. 120d. Sexual harassment.''.
SEC. 539D. CLARIFICATION OF APPLICABILITY OF DOMESTIC
VIOLENCE AND STALKING TO DATING PARTNERS.
(a) Article 128b; Domestic Violence.--Section 928b of title
10, United States Code (article 128b of the Uniform Code of
Military Justice), is amended--
(1) in the matter preceding paragraph (1), by striking
``Any person'' and inserting the following:
``(a) In General.--Any person''.
(2) by inserting ``a dating partner,'' after ``an intimate
partner,'' each place it appears; and
(3) by adding at the end the following new subsection:
``(b) Definitions.--In this section, the terms dating
partner,`immediate family', and `intimate partner' have the
meaning given such terms in section 930 of this title
(article 130).''.
(b) Article 130; Stalking.--Section 930 of such title
(article 130 of the Uniform Code of Military Justice) is
amended--
(1) in subsection (a), by striking ``or to his or her
intimate partner'' each place it appears and inserting ``to
his or her intimate partner, or to his or her dating
partner'';
(2) in subsection (b)--
(A) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(B) by inserting after paragraph (2) the following new
paragraph:
``(3) The term `dating partner', in the case of a specific
person, means a person who is or has been in a social
relationship of a romantic or intimate nature with such
specific person, and a reasonable person would believe such a
relationship exists or existed, based on--
``(A) the length of the relationship;
``(B) the type of relationship; and
``(C) the frequency of interaction between the persons
involved in the relationship.''.
SEC. 539E. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this part shall take effect on the date
that is two years after the date of the enactment of this Act
and shall apply with respect to offenses that occur after
that date.
(b) Regulations.--
(1) Requirement.--The President shall prescribe regulations
to carry out this part not later than two years after the
date of the enactment of this Act.
(2) Impact of delay of issuance.--If the President does not
prescribe regulations to carry out this part before the date
that is two years after the date of the enactment of this
Act, the amendments made by this part shall take effect on
the date on which such regulations are prescribed and shall
apply with respect to offenses that occur on or after that
date.
PART 2--SENTENCING REFORM
SEC. 539F. SENTENCING REFORM.
(a) Article 53; Findings and Sentencing.--Section 853 of
title 10, United States Code (article 53 of the Uniform Code
of Military Justice), is amended--
(1) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) General and special courts-martial.--Except as
provided in subsection (c) for capital offenses, if the
accused is convicted of an offense in a trial by general or
special court-martial, the military judge shall sentence the
accused. The sentence determined by the military judge
constitutes the sentence of the court-martial.'';
(2) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--In a capital case, if the accused is
convicted of an offense for which the court-martial may
sentence the accused to death--
``(A) the members shall determine--
``(i) whether the sentence for that offense shall be death
or life in prison without eligibility for parole; or
``(ii) whether the matter shall be returned to the military
judge for determination of a lesser punishment; and
``(B) the military judge shall sentence the accused for
that offense in accordance with the determination of the
members under subparagraph (A).''; and
(B) in paragraph (2), by striking ``the court-martial'' and
inserting ``the military judge''.
(b) Article 53a; Plea Agreements.--Section 853a of title
10, United States Code (article 53a of the Uniform Code of
Military Justice), as amended by section 539A of this
subtitle, is further amended--
(1) by redesignating subsections (b), (c), and (d), as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Acceptance of Plea Agreement.--Subject to subsections
(c) and (d), the military judge of a general or special
court-martial shall accept a plea agreement submitted by the
parties, except that--
``(1) in the case of an offense with a sentencing parameter
under section 856 of this chapter (article 56), the military
judge may reject a plea agreement that proposes a sentence
that is outside the sentencing parameter if the military
judge determines that the proposed sentence is plainly
unreasonable; and
``(2) in the case of an offense with no sentencing
parameter under section 856 of this chapter (article 56), the
military judge may reject a plea agreement that proposes a
sentence if
[[Page H4636]]
the military judge determines that the proposed sentence is
plainly unreasonable.''.
(c) Article 56; Sentencing.--Section 856 of title 10,
United States Code (article 56 of the Uniform Code of
Military Justice), is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (C)(vii), by striking ``and'' at the
end;
(ii) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following new subparagraph:
``(E) the applicable sentencing parameters or sentencing
criteria prescribed under this section.'';
(B) by striking paragraphs (2) through (4) and inserting
the following new paragraphs:
``(2) Application of sentencing parameters in general and
special courts-martial.--
``(A) Requirement to sentence within parameters.--Except as
provided in subparagraph (B), in a general or special court-
martial in which the accused is convicted of an offense for
which there is a sentencing parameter under subsection (d),
the military judge shall sentence the accused for that
offense within the applicable parameter.
``(B) Exception.--The military judge may impose a sentence
outside a sentencing parameter upon finding specific facts
that warrant such a sentence. If the military judge imposes a
sentence outside a sentencing parameter under this
subparagraph, the military judge shall include in the record
a written statement of the factual basis for the sentence.
``(3) Use of sentencing criteria in general and special
courts-martial.--In a general or special court-martial in
which the accused is convicted of an offense for which there
are sentencing criteria under subsection (d), the military
judge shall consider the applicable sentencing criteria in
determining the sentence for that offense.
``(4) Offense-based sentencing in general and special
courts-martial.--In announcing the sentence under section 853
of this chapter (article 53) in a general or special court-
martial, the military judge shall, with respect to each
offense of which the accused is found guilty, specify the
term of confinement, if any, and the amount of the fine, if
any. If the accused is sentenced to confinement for more than
one offense, the military judge shall specify whether the
terms of confinement are to run consecutively or
concurrently.
``(5) Inapplicability to death penalty.--Sentencing
parameters and sentencing criteria shall not apply to a
determination of whether an offense should be punished by
death.
``(6) Sentence of confinement for life without eligibility
for parole.--(A) If an offense is subject to a sentence of
confinement for life, a court-martial may impose a sentence
of confinement for life without eligibility for parole.
``(B) An accused who is sentenced to confinement for life
without eligibility for parole shall be confined for the
remainder of the accused's life unless--
``(i) the sentence is set aside or otherwise modified as a
result of--
``(I) action taken by the convening authority or the
Secretary concerned; or
``(II) any other action taken during post-trial procedure
or review under any other provision of subchapter IX of this
chapter;
``(ii) the sentence is set aside or otherwise modified as a
result of action taken by a court of competent jurisdiction;
or
``(iii) the accused receives a pardon or another form of
Executive clemency.'';
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following new
subsection:
``(d) Establishment of Sentencing Parameters and Sentencing
Criteria.--
``(1) In general.--The President shall prescribe
regulations establishing sentencing parameters and sentencing
criteria in accordance with this subsection. Such parameters
and criteria--
``(A) shall cover sentences of confinement; and
``(B) may cover lesser punishments, as the President
determines appropriate.
``(2) Sentencing parameters.--Sentencing parameters
established under paragraph (1) shall--
``(A) identify a delineated sentencing range for an offense
that is appropriate for a typical violation of the offense,
taking into consideration--
``(i) the severity of the offense;
``(ii) the guideline or offense category that would apply
to the offense if the offense were tried in a United States
district court;
``(iii) any military-specific sentencing factors; and
``(iv) the need for the sentencing parameter to be
sufficiently broad to allow for individualized consideration
of the offense and the accused;
``(B) include no fewer than five and no more than twelve
offense categories;
``(C) assign each offense under this chapter to an offense
category unless the offense is identified as unsuitable for
sentencing parameters under paragraph (4)(F)(ii);
``(D) delineate the confinement range for each offense
category by setting an upper confinement limit and a lower
confinement limit; and
``(E) be neutral as to the race, color, religion, national
origin, ethnicity, gender, gender identity, disability,
sexual orientation, and socioeconomic status of offenders.
``(3) Sentencing criteria.--Sentencing criteria established
under paragraph (1) shall identify offense-specific factors
the military judge should consider and any collateral effects
of available punishments that may aid the military judge in
determining an appropriate sentence when there is no
applicable sentencing parameter for a specific offense.
``(4) Military sentencing parameters and criteria board.--
``(A) In general.--There is established within the
Department of Defense a board, to be known as the `Military
Sentencing Parameters and Criteria Board' (referred to in
this subsection as the `Board').
``(B) Voting members.--The Board shall have five voting
members, as follows:
``(i) The four chief trial judges designated under section
826(g) of this chapter (article 26(g)), except that, if the
chief trial judge of the Coast Guard is not available, the
Judge Advocate General of the Coast Guard may designate as a
voting member a judge advocate of the Coast Guard with
substantial military justice experience.
``(ii) A trial judge of the Navy, designated under
regulations prescribed by the President, if the chief trial
judges designated under section 826(g) of this chapter
(article 26(g)) do not include a trial judge of the Navy.
``(iii) A trial judge of the Marine Corps, designated under
regulations prescribed by the President, if the chief trial
judges designated under section 826(g) of this chapter
(article 26(g)) do not include a trial judge of the Marine
Corps.
``(C) Nonvoting members.--The Chief Judge of the Court of
Appeals for the Armed Forces, the Chairman of the Joint
Chiefs of Staff, and the General Counsel of the Department of
Defense shall each designate one nonvoting member of the
Board.
``(D) Chair and vice-chair.--The Secretary of Defense shall
designate one voting member as chair of the Board and one
voting member as vice-chair.
``(E) Voting requirement.--An affirmative vote of at least
three members is required for any action of the Board under
this subsection.
``(F) Duties of board.--The Board shall have the following
duties:
``(i) As directed by the President, the Board shall submit
to the President for approval--
``(I) sentencing parameters for all offenses under this
chapter (other than offenses that the Board identifies as
unsuitable for sentencing parameters in accordance with
clause (ii)); and
``(II) sentencing criteria to be used by military judges in
determining appropriate sentences for offenses that are
identified as unsuitable for sentencing parameters in
accordance with clause (ii).
``(ii) Identify each offense under this chapter that is
unsuitable for sentencing parameters. The Board shall
identify an offense as unsuitable for sentencing parameters
if--
``(I) the nature of the offense is indeterminate and
unsuitable for categorization; and
``(II) there is no similar criminal offense under the laws
of the United States or the laws of the District of Columbia.
``(iii) In developing sentencing parameters and criteria,
the Board shall consider the sentencing data collected by the
Military Justice Review Panel pursuant to section 946(f)(2)
of this chapter (article 146(f)(2)).
``(iv) In addition to establishing parameters for sentences
of confinement under clause (i)(I), the Board shall consider
the appropriateness of establishing sentencing parameters for
punitive discharges, fines, reductions, forfeitures, and
other lesser punishments authorized under this chapter.
``(v) The Board shall regularly--
``(I) review, and propose revision to, in consideration of
comments and data coming to the Board's attention, the
sentencing parameters and sentencing criteria prescribed
under paragraph (1); and
``(II) submit to the President, through the Secretary of
Defense, proposed amendments to the sentencing parameters and
sentencing criteria, together with statements explaining the
basis for the proposed amendments.
``(vi) The Board shall develop means of measuring the
degree to which applicable sentencing, penal, and
correctional practices are effective with respect to the
sentencing factors and policies set forth in this section.
``(vii) In fulfilling its duties and in exercising its
powers, the Board shall consult authorities on, and
individual and institutional representatives of, various
aspects of the military criminal justice system. The Board
shall establish separate advisory groups consisting of
individuals with current or recent experience in command and
in senior enlisted positions, individuals with experience in
the trial of courts-martial, and such other groups as the
Board deems appropriate.
``(viii) The Board shall submit to the President, through
the Secretary of Defense, proposed amendments to the rules
for courts-martial with respect to sentencing proceedings and
maximum punishments, together with statements explaining the
basis for the proposed amendments.
``(ix) The Board may issue non-binding policy statements to
achieve the Board's purposes and to guide military judges in
fashioning appropriate sentences, including guidance on
factors that may be relevant in determining where in a
sentencing parameter a specification may fall, or whether a
deviation outside of the sentencing range may be warranted.
``(G) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply with respect to
the Board or any advisory group established by the Board.'';
and
(4) in subsection (e)(1), as redesignated by paragraph (2)
of this subsection--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) by redesignating subparagraph (B) as subparagraph (C);
(C) by inserting after subparagraph (A) the following new
subparagraph:
``(B) in the case of a sentence for an offense with a
sentencing parameter under this section,
[[Page H4637]]
the sentence is a result of an incorrect application of the
parameter; or''; and
(D) in subparagraph (C), as redesignated by subparagraph
(B) of this paragraph, by striking ``, as determined in
accordance with standards and procedures prescribed by the
President''.
(d) Article 66; Courts of Criminal Appeals.--Section 866 of
title 10, United States Code (article 66 of the Uniform Code
of Military Justice) is amended--
(1) in subsection (d)(1)(A), by striking the third
sentence; and
(2) by amending subsection (e) to read as follows:
``(e) Consideration of Sentence.--
``(1) In general.--In considering a sentence on appeal,
other than as provided in section 856(e) of this chapter
(article 56(e)), the Court of Criminal Appeals may consider--
``(A) whether the sentence violates the law;
``(B) whether the sentence is inappropriately severe--
``(i) if the sentence is for an offense for which there is
no sentencing parameter under section 856(d) of this chapter
(article 56(d)); or
``(ii) in the case of an offense with a sentencing
parameter under section 856(d) of this chapter (article
56(d)), if the sentence is above the upper range of such
sentencing parameter;
``(C) in the case of a sentence for an offense with a
sentencing parameter under section 856(d) of this chapter
(article 56(d)), whether the sentence is a result of an
incorrect application of the parameter;
``(D) whether the sentence is plainly unreasonable; and
``(E) in review of a sentence to death or to life in prison
without eligibility for parole determined by the members in a
capital case under section 853(c) of this chapter (article
53(c)), whether the sentence is otherwise appropriate, under
rules prescribed by the President.
``(2) Record on appeal.--In an appeal under this subsection
or section 856(e) of this chapter (article 56(e)), other than
review under subsection (b)(2), the record on appeal shall
consist of--
``(A) any portion of the record in the case that is
designated as pertinent by any party;
``(B) the information submitted during the sentencing
proceeding; and
``(C) any information required by rule or order of the
Court of Criminal Appeals.''.
(e) Conforming Amendments.--
(1) Section 863(c) of title 10, United States Code (article
63(c) of the Uniform Code of Military Justice) is amended by
striking ``section 856(d) of this title (article 56(d))'' and
inserting ``section 856(e) of this chapter (article 56(e))''.
(2) Section 866 of title 10, United States Code (article 66
of the Uniform Code of Military Justice), as amended by
subsection (d), is further amended by striking ``section
856(d) of this title (article 56(d))'' each place it appears
and inserting ``section 856(e) of this chapter (article
56(e))''.
(f) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date that is two years after the date of
the enactment of this Act and shall apply to sentences
adjudged in cases in which all findings of guilty are for
offenses that occurred after the date that is two years after
the date of the enactment of this Act.
(2) Implementation of sentencing parameters and criteria.--
(A) In general.--The President shall prescribe regulations
setting forth the sentencing parameters and criteria required
by subsection (d) of section 856 of title 10, United States
Code (article 56 of the Uniform Code of Military Justice), as
added by subsection (c) of this section.
(B) Effective dates.--The regulations under subparagraph
(A) shall take effect on a date determined by the President
which shall be not later than four years after the date of
enactment of this Act and shall apply only to sentences
adjudged in cases in which all findings of guilty are for
offenses that occurred after the date on which the
regulations required by subparagraph (A) take effect.
(C) Interim authority of judges.--If the regulations
required by subparagraph (A) have not been prescribed as of
the date on which the amendments made by this section take
effect under paragraph (1), each sentence adjudged in
accordance with the amendments made by this section and the
terms of the effective date under paragraph (1) shall be made
as if no sentencing parameter or criteria for that offense
has been prescribed until such time as such regulations are
issued that include such a sentencing parameter or criteria.
(g) Repeal of Secretarial Guidelines on Sentences for
Offenses Committed Under the Uniform Code of Military
Justice.--Section 537 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1363;
10 U.S.C. 856 note) is repealed.
PART 3--REPORTS AND OTHER MATTERS
SEC. 539G. REPORT ON MODIFICATION OF DISPOSITION AUTHORITY
FOR OFFENSES OTHER THAN SPECIAL VICTIM
OFFENSES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the feasibility,
advisability, and potential effects of modifying chapter 47
of title 10, United States Code (the Uniform Code of Military
Justice) to require that determinations as to whether to
prefer or refer charges for trial by court-martial for
offenses other than special victim offenses must be made by
an individual outside of the chain of command of the member
subject to the charges rather than by a commanding officer
who is in the chain of command of the member.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) A review and reassessment of the findings of the
Secretary of Defense included in the report submitted under
section 540F of the National Defense Authorization Act for
Fiscal year 2020 (Public Law 116-92; 133 Stat. 1367 ), taking
into account the findings and recommendations of the
Independent Review Commission on Sexual Assault in the
Military as set forth in the report of the Commission titled
``Hard Truths and the Duty to Change: Recommendations from
the Independent Review Commission on Sexual Assault in the
Military''.
(2) An analysis of any effects, including positive and
negative effects, that may result from the modification of
disposition authority for offenses as described in subsection
(a).
(c) Independent Committee.--
(1) In general.--The Secretary of Defense shall establish
an independent committee to prepare the report required by
this section.
(2) Members.--Subject to paragraph (3), the committee
established under paragraph (1) shall be composed of members
who--
(A) are designated by the Secretary of Defense; and
(B) have expertise determined to be relevant by the
Secretary
(3) Limitation.--No member of an Armed Force or civilian
employee of the Department of Defense may serve on the
committee established under paragraph (1).
(d) Special Victim Offense Defined.--In this section, the
term ``special victim offense'' means an offense specified in
section 801(17) of title 10, United States Code (article
1(17) of the Uniform Code of Military Justice), as added by
section 534 of this subtitle.
SEC. 539H. REPORT ON IMPLEMENTATION OF CERTAIN
RECOMMENDATIONS OF THE INDEPENDENT REVIEW
COMMISSION ON SEXUAL ASSAULT IN THE MILITARY.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on status of
the implementation of the recommendations specified in
subsection (c).
(b) Elements.--The report under subsection (a) shall
include the following:
(1) A description of the status of the implementation of
each recommendation specified in subsection (c), including--
(A) whether, how, and to what extent the recommendation has
been implemented;
(B) any rules, regulations, policies, or other guidance
that have been issued, revised, changed, or cancelled as a
result of the implementation of the recommendation; and
(C) any impediments to the implementation of the
recommendation.
(2) For each recommendation specified in subsection (c)
that has not been fully implemented or superseded by statute
as of the date of the report, a plan for the implementation
of the recommendation, including identification of--
(A) intermediate actions, milestone dates, and the expected
completion date for implementation of the recommendation; and
(B) any rules, regulations, policies, or other guidance
that are expected to be issued, revised, changed, or
cancelled as a result of the implementation of the
recommendation.
(3) Any statutory changes identified as necessary to fully
implement the recommendations specified in subsection (c).
(c) Recommendations Specified.--The recommendations
specified in this subsection are the following, as set forth
in the report of the Independent Review Commission on Sexual
Assault in the Military titled ``Hard Truths and the Duty to
Change: Recommendations from the Independent Review
Commission on Sexual Assault in the Military'', and dated
July 2, 2021:
(1) Each recommendation under the heading ``Line of Effort
1: Accountability'' as set forth in section III such report.
(2) Each recommendation under the heading ``Line of Effort
2: Prevention'' as set forth in section III such report.
(3) Each recommendation under the heading ``Line of Effort
3: Climate and Culture'' as set forth in section III of such
report.
(4) Each recommendation under the heading ``Line of Effort
4: Victim Care and Support'' as set forth in section III of
such report.
SEC. 539I. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS AND
OTHER ACTIVITIES TO ADDRESS RACIAL, ETHNIC, AND
GENDER DISPARITIES IN THE MILITARY JUSTICE
SYSTEM.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on status of the Secretary's
efforts--
(1) to implement the recommendations set forth in the May
2019 report of the Government Accountability Office titled
``Military Justice: DOD and the Coast Guard Need to Improve
Their Capabilities to Assess Racial and Gender Disparities''
(GAO-19-344); and
(2) to carry out the activities required under section
540I(b) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1369; 10 U.S.C. 810
note).
Subtitle E--Other Sexual Assault-Related Matters
SEC. 541. INDEPENDENT INVESTIGATION OF COMPLAINTS OF SEXUAL
HARASSMENT.
(a) In General.--Section 1561 of title 10, United States
Code, is amended to read as follows:
``Sec. 1561. Complaints of sexual harassment: independent
investigation
``(a) Action on Complaints Alleging Sexual Harassment.--A
commanding officer or officer in charge of a unit, vessel,
facility, or area of an armed force, who receives, from a
member
[[Page H4638]]
of the command or a member under the supervision of the
officer, a formal complaint alleging sexual harassment by a
member of the armed forces shall, as soon as practicable
after such receipt, forward the complaint to an independent
investigator.
``(b) Commencement of Investigation.--To the extent
practicable, an independent investigator shall commence an
investigation of a formal complaint of sexual harassment not
later than 72 hours after--
``(1) receiving a formal complaint of sexual harassment
forwarded by a commanding officer or officer in charge under
subsection (a); or
``(2) receiving a formal complaint of sexual harassment
directly from a member of the armed forces.
``(c) Duration of Investigation.--To the extent
practicable, an investigation under subsection (b) shall be
completed not later than 14 days after the date on which the
investigation commences.
``(d) Report on Investigation.--
``(1) If the investigation cannot be completed within 14
days, not later than the 14th day after the investigation
commences, and every 14 days thereafter until the
investigation is complete, the independent investigator shall
submit to the officer described in subsection (a) a report on
the progress made in completing the investigation.
``(2) To the extent practicable, and as soon as practicable
upon completion of the investigation, the officer described
in subsection (a) shall notify the complainant of the final
results of the investigation, including any action taken, or
planned to be taken, as a result of the investigation.
``(e) Definitions.--In this section:
``(1) The term `formal complaint' means a complaint--
``(A) that an individual files in writing; and
``(B) in which the individual attests to the accuracy of
the information contained in the complaint.
``(2) The term `independent investigator' means a member of
the armed forces or a civilian employee of the Department of
Defense or the Coast Guard who--
``(A) is outside the chain of command of the complainant
and the subject of the investigation; and
``(B) is trained in the investigation of sexual harassment,
as determined by--
``(i) the Secretary concerned, in the case of a member of
the armed forces;
``(ii) the Secretary of Defense, in the case of a civilian
employee of the Department of Defense; or
``(iii) the Secretary of Homeland Security, in the case of
a civilian employee of the Coast Guard.
``(3) In this section, the term `sexual harassment' means
any of the following:
``(A) Conduct that--
``(i) involves unwelcome sexual advances, requests for
sexual favors, and deliberate or repeated offensive comments
or gestures of a sexual nature when--
``(I) submission to such conduct is made either explicitly
or implicitly a term or condition of a person's job, pay, or
career;
``(II) submission to or rejection of such conduct by a
person is used as a basis for career or employment decisions
affecting that person; or
``(III) such conduct has the purpose or effect of
unreasonably interfering with an individual's work
performance or creates an intimidating, hostile, or offensive
working environment; and
``(ii) is so severe or pervasive that a reasonable person
would perceive, and the victim does perceive, the environment
as hostile or offensive.
``(B) Any use or condonation, by any person in a
supervisory or command position, of any form of sexual
behavior to control, influence, or affect the career, pay, or
job of a member of the armed forces or a civilian employee of
the Department of Defense or the Coast Guard.
``(C) Any deliberate or repeated unwelcome verbal comment
or gesture of a sexual nature by any member of the armed
forces or civilian employee of the Department of Defense or
the Coast Guard.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 80 of title 10 United States Code is
amended by striking the item relating to section 1561 and
inserting the following new item:
``1561. Complaints of sexual harassment: independent investigation.''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall--
(1) take effect on the date that is two years after the
date of the enactment of this Act; and
(2) apply to any investigation of a formal complaint of
sexual harassment (as those terms are defined in section 1561
of title 10, United States Code, as amended by subsection
(a)) made on or after that date.
(d) Report on Implementation.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, each Secretary concerned shall
submit to the appropriate congressional committees a report
on preparation of that Secretary to implement section 1561 of
title 10, United States Code, as amended by subsection (a).
(2) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives.
SEC. 542. MODIFICATION OF NOTICE TO VICTIMS OF PENDENCY OF
FURTHER ADMINISTRATIVE ACTION FOLLOWING A
DETERMINATION NOT TO REFER TO TRIAL BY COURT-
MARTIAL.
Section 549 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 806b note) is
amended--
(1) in the section heading, by striking ``alleged sexual
assault'' and inserting ``alleged sex-related offense'';
(2) by striking ``Under regulations'' and inserting
``Notwithstanding section 552a of title 5, United States
Code, and under regulations'';
(3) by striking ``alleged sexual assault'' and inserting
``an alleged sex-related offense (as defined in section
1044e(h) of title 10, United States Code)''; and
(4) by adding at the end the following new sentence: ``Upon
such final determination, the commander shall notify the
victim of the type of action taken on such case, the outcome
of the action (including any punishments assigned or
characterization of service, as applicable), and such other
information as the commander determines to be relevant.''
SEC. 543. MODIFICATIONS TO ANNUAL REPORT REGARDING SEXUAL
ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES.
(a) Elimination of Sunset and Inclusion of Demographic
Information.--
(1) In general.--Section 1631 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law
111-383; 10 U.S.C. 1561 note) is amended--
(A) in subsection (a), by striking ``through March 1,
2021'' and inserting ``through March 1, 2026''; and
(B) in subsection (b)--
(i) in paragraph (3), by inserting ``the race and ethnicity
of the victim and accused,'' before ``the action''; and
(ii) in paragraph (13)(B), by inserting ``, including the
race and ethnicity of the victim and accused'' before the
period at the end.
(2) Applicability.--The amendments made by paragraph (1)
shall apply with respect to reports required to be submitted
under section 1631 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
10 U.S.C. 1561 note) after the date of the enactment of this
Act.
(b) Additional Prevalence Data.--
(1) In general.--Paragraph (8) of section 1631(b) of the
Ike Skelton National Defense Authorization Act for Fiscal
Year 2011 (Public Law 111-383; 10 U.S.C. 1561 note) is
amended to read as follows:
``(8) An analysis and assessment of trends in the
incidence, disposition, and prosecution of sexual assaults by
units, commands and other competent authorities, and
installations during the year covered by the report,
including trends relating to--
``(A) the prosecution of incidents and avoidance of
incidents; and
``(B) the prevalence of incidents, set forth separately
for--
``(i) each installation with 5,000 or more servicemembers;
``(ii) the major career fields of any individuals involved
in such incidents, including the fields of combat arms,
aviation, logistics, maintenance, administration, and
medical; and
``(iii) in the case of the Navy, the operational status
(whether sea duty or shore duty) of any individuals involved
in such incidents.''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply with respect to reports required to be submitted
under section 1631 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
10 U.S.C. 1561 note) after January 1, 2023.
SEC. 544. CIVILIAN POSITIONS TO SUPPORT SPECIAL VICTIMS'
COUNSEL.
(a) Civilian Support Positions.--Each Secretary of a
military department may establish one or more civilian
positions within each office of the Special Victims' Counsel
under the jurisdiction of such Secretary.
(b) Duties.--The duties of each position under subsection
(a) shall be--
(1) to provide support to Special Victims' Counsel,
including legal, paralegal, and administrative support; and
(2) to ensure the continuity of legal services and the
preservation institutional knowledge in the provision of
victim legal services notwithstanding transitions in the
military personnel assigned to offices of the Special
Victims' Counsel.
(c) Special Victims' Counsel Defined.--In this section, the
term ``Special Victims' Counsel'' means Special Victims'
Counsel described in section 1044e of title 10, United States
Code, and in the case of the Navy and Marine Corps, includes
counsel designated as ``Victims' Legal Counsel''.
SEC. 545. FEASIBILITY STUDY ON ESTABLISHMENT OF CLEARINGHOUSE
OF EVIDENCE-BASED PRACTICES TO PREVENT SEXUAL
ASSAULT, SUICIDE, AND OTHER HARMFUL BEHAVIORS
AMONG MEMBERS OF THE ARMED FORCES AND MILITARY
FAMILIES.
(a) Study.--The Secretary of Defense shall study the
feasibility of establishing a single, centralized
clearinghouse of evidence-based practices to support the
health and well-being of members of the Armed Forces and
military families. and reduce harmful behaviors, through the
following activities:
(1) Establishment evidentiary standards to provide a common
frame of reference for assessing the strength of research
evidence.
(2) In consultation with nondepartmental experts,
identification of health and well-being domains of interest,
including the prevention of--
(A) sexual assault;
(B) harassment;
(C) substance abuse;
(D) workplace violence; and
(E) suicide.
(3) Provision of practical guidance about the effectiveness
of evidence-based practices, including how they can be
implemented and steps for monitoring implementation and
changes in behavior.
[[Page H4639]]
(b) Report.--Not later than six months after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report containing the
results of the feasibility study under subsection (a) and
related recommendations of the Secretary.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The Committee on Armed Services of the House of
Representatives.
(2) The Committee on Armed Services of the Senate.
(3) The Committee on Transportation and Infrastructure of
the House of Representatives.
(4) The Committee on Commerce, Science, and Transportation
of the Senate.
Subtitle F--Member Education, Training, and Transition
SEC. 551. TRAINING ON CONSEQUENCES OF COMMITTING A CRIME IN
PRESEPARATION COUNSELING OF THE TRANSITION
ASSISTANCE PROGRAM.
(a) Establishment.--Subsection (b) of section 1142 of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(20) Training regarding the consequences to such a member
who is convicted of a crime, specifically regarding the loss
of benefits from the Federal Government to such member.''.
(b) Implementation Date.--The Secretary concerned shall
carry out paragraph (20) of such subsection, as added by
subsection (a), not later than one year after the date of the
enactment of this Act.
(c) Development.--The Secretary of Defense shall develop
the training under such paragraph.
(d) Progress Briefing.--Not later than 180 days of the
enactment of this Act, the Secretary of Defense shall provide
a briefing to the Committees on Armed Services of the Senate
and House of Representatives regarding progress of the
Secretary in preparing the training under such paragraph.
SEC. 552. PARTICIPATION OF MEMBERS OF THE RESERVE COMPONENTS
OF THE ARMED FORCES IN THE SKILLBRIDGE PROGRAM.
Section 1143(e)(2) of title 10, United States Code, is
amended to read as follows:
``(2) A member of the armed forces is eligible for a
program under this subsection if--
``(A) the member--
``(i) has completed at least 180 days on active duty in the
armed forces; and
``(ii) is expected to be discharged or released from active
duty in the armed forces within 180 days of the date of
commencement of participation in such a program; or
``(B) the member is a member of a reserve component.''.
SEC. 553. EXPANSION AND CODIFICATION OF MATTERS COVERED BY
DIVERSITY TRAINING IN THE DEPARTMENT OF
DEFENSE.
(a) In General.--Chapter 101 of title 10, United States
Code, is amended by inserting before section 2002 the
following new section:
``Sec. 2001. Human relations, diversity, equity, and
inclusion training
``(a) Human Relations, Diversity, Equity, and Inclusion
Training.--
``(1) The Secretary shall ensure that the Secretary of a
military department conducts ongoing training programs
regarding human relations, diversity, equity, and inclusion
for all covered individuals under the jurisdiction of the
Secretary of a military department. Such training shall be
tailored to specific leadership levels and local area
requirements.
``(2) Matters to be covered by such training include the
following:
``(A) Racism.
``(B) Discrimination on the basis of sex (including
pregnancy, sexual orientation, and gender identity).
``(C) Discrimination on the basis of age.
``(D) Discrimination on the basis of religion.
``(E) Discrimination on the basis of national origin.
``(F) Discrimination on the basis of color.
``(G) Discrimination on the basis of parental status.
``(H) Conscious and unconscious bias.
``(I) Discrimination based on disability, both physical and
mental.
``(J) Failure to provide a reasonable accommodation.
``(K) Whistleblowers and information regarding how to file
an equal opportunity complaint.
``(L) Reprisal.
``(M) Harassment and hostile environment.
``(N) Procedures for reporting and obtaining relief for
discrimination, retaliation, hostile work environment with
respect to each component of the workforce.
``(O) Procedures for appealing Equal Opportunity and Equal
Employment Opportunity complaints with respect to each
component of the workforce.
``(P) Any other matter the Secretary of Defense determines
appropriate.
``(3) Such training shall be provided during the following:
``(A) Initial entry training.
``(B) Annual refresher training.
``(C) Professional military education.
``(D) Peer education.
``(E) Specialized leadership training.
``(F) Any other time the Secretary of Defense determines
appropriate.
``(4) The Secretary of Defense shall ensure that such
measures are taken to provide appropriate metrics and
measurement of these efforts.
``(5) The Secretary of Defense shall ensure that unit
commanders are aware of their responsibility to ensure that
activity based upon discriminatory motives does not occur in
units under their command.
``(b) Information Provided to Prospective Recruits.--The
Secretary of Defense shall ensure that a covered individual
preparing to enter an officer accession program or to execute
an original enlistment agreement or serve as a civilian
employee--
``(1) is provided information concerning the meaning of the
oath of office or oath of enlistment for service in the armed
forces, including conduct expected under such oath; and
``(2) is informed that if supporting such guarantees is not
possible personally for that covered individual, then that
covered individual should decline to join the Armed Forces.
``(c) Covered Individual Defined.--In this section, the
term `covered individual' includes--
``(1) a member of the Armed Forces;
``(2) a civilian employee of the Department; and
``(3) a contractor or sub-contractor providing support to
the Department.''.
(b) Technical and Conforming Amendments.--
(1) Technical amendment.--The table of sections at the
beginning of such chapter is amended by inserting before the
item relating to section 2002 the following new item:
``2001. Human relations, diversity, equity, and inclusion training.''.
(2) Conforming amendment.--Section 571 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 10 U.S.C. 113 note) is repealed.
SEC. 554. EXPANSION OF JUNIOR RESERVE OFFICERS' TRAINING
CORPS PROGRAM.
(a) Expansion of JROTC Curriculum.--Paragraph (3) of
section 2031(b) of title 10, United States Code, is amended
to read as follows:
``(3) the institution provides a course of military
instruction of not less than three academic years' duration,
as prescribed by the Secretary of the military department
concerned--
``(A) which shall include an introduction to service
opportunities in military, national, and public service; and
``(B) which may include instruction or activities in the
fields of science, technology, engineering, and
mathematics;''.
(b) Plan to Increase Number of JROTC Units.--The Secretary
of Defense may, in consultation with the Secretaries of the
military departments, develop and implement a plan to
establish and support not fewer than 6,000 units of the
Junior Reserve Officers' Training Corps by September 30,
2031.
(c) Report Required.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
status of the Junior Reserve Officers' Training Corps
programs of each Armed Force. The report shall include--
(1) an assessment of the current usage of the program,
including the number of individuals enrolled in the program
and the number of units established under the program;
(2) a description of the efforts of the Armed Forces to
meet current enrollment targets for the program;
(3) an explanation of the reasons such enrollment targets
have not been met, if applicable;
(4) a description of any obstacles preventing the Armed
Forces from meeting such enrollment targets; and
(5) a comparison of the potential benefits and drawbacks of
expanding the program.
SEC. 555. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER.
(a) Authority to Award Bachelor's Degrees.--Section 2168 of
title 10, United States Code, is amended--
(1) in the section heading, by striking ``Associate'' and
inserting ``Associate or Bachelor''; and
(2) by amending subsection (a) to read as follows:
``(a) Subject to subsection (b), the Commandant of the
Defense Language Institute may confer--
``(1) an Associate of Arts degree in a foreign language
upon any graduate of the Foreign Language Center of the
Institute who fulfills the requirements for that degree; or
``(2) a Bachelor of Arts degree in a foreign language upon
any graduate of the Foreign Language Center of the Institute
who fulfills the requirements for that degree.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 108 of title 10, United States Code, is
amended by striking the item relating to section 2168 and
inserting the following new item:
``2168. Defense Language Institute Foreign Language Center: degree of
Associate or Bachelor of Arts in foreign language.''.
SEC. 556. 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.
(a) United States Military Academy.--
(1) In general.--Chapter 753 of title 10, United States
Code, is amended by inserting after section 7442 the
following new section:
``Sec. 7442a. Cadets: nomination in event of death,
resignation, or expulsion from office of member of Congress
otherwise authorized to nominate
``(a) Senators.--In the event a Senator does not submit
nominations for cadets for an academic year in accordance
with section 7442(a)(3) of this title due to death,
resignation from office, or expulsion from office and the
date of the swearing-in of the Senator's successor as Senator
occurs after the date of the deadline for
[[Page H4640]]
submittal of nominations for cadets for the academic year,
the nominations for cadets otherwise authorized to be made by
the Senator pursuant to such section shall be made instead by
the other Senator from the State concerned.
``(b) Representatives.--In the event a Representative from
a State does not submit nominations for cadets for an
academic year in accordance with section 7442(a)(4) of this
title due to death, resignation from office, or expulsion
from office and the date of the swearing-in of the
Representative's successor as Representative occurs after the
date of the deadline for submittal of nominations for cadets
for the academic year, the nominations for cadets otherwise
authorized to be made by the Representative pursuant to such
section shall be made instead by the Senators from the State
from the district of the Representative, with such
nominations divided equally among such Senators and any
remainder going to the senior Senator from the State.
``(c) Construction of Authority.--Any nomination for cadets
made by a Senator pursuant to this section is in addition to
any nomination for cadets otherwise authorized the Senator
under section 7442 of this title or any other provision of
law.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 753 of such title is amended by
inserting after the item relating to section 7442 the
following new item:
``7442a. Cadets: nomination in event of death, resignation, or
expulsion from office of member of Congress otherwise
authorized to nominate.''.
(b) United States Naval Academy.--
(1) In general.--Chapter 853 of title 10, United States
Code, is amended by inserting after section 8454 the
following new section:
``Sec. 8454a. Midshipmen: nomination in event of death,
resignation, or expulsion from office of member of Congress
otherwise authorized to nominate
``(a) Senators.--In the event a Senator does not submit
nominations for midshipmen for an academic year in accordance
with section 8454(a)(3) of this title due to death,
resignation from office, or expulsion from office and the
date of the swearing-in of the Senator's successor as Senator
occurs after the date of the deadline for submittal of
nominations for midshipmen for the academic year, the
nominations for midshipmen otherwise authorized to be made by
the Senator pursuant to such section shall be made instead by
the other Senator from the State concerned.
``(b) Representatives.--In the event a Representative from
a State does not submit nominations for midshipmen for an
academic year in accordance with section 8454(a)(4) of this
title due to death, resignation from office, or expulsion
from office and the date of the swearing-in of the
Representative's successor as Representative occurs after the
date of the deadline for submittal of nominations for
midshipmen for the academic year, the nominations for
midshipmen otherwise authorized to be made by the
Representative pursuant to such section shall be made instead
by the Senators from the State from the district of the
Representative, with such nominations divided equally among
such Senators and any remainder going to the senior Senator
from the State.
``(c) Construction of Authority.--Any nomination for
midshipmen made by a Senator pursuant to this section is in
addition to any nomination for midshipmen otherwise
authorized the Senator under section 8454 of this title or
any other provision of law.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 853 of such title is amended by
inserting after the item relating to section 8454 the
following new item:
``8454a. Midshipmen: nomination in event of death, resignation, or
expulsion from office of member of Congress otherwise
authorized to nominate.''.
(c) Air Force Academy.--
(1) In general.--Chapter 953 of title 10, United States
Code, is amended by inserting after section 9442 the
following new section:
``Sec. 9442a. Cadets: nomination in event of death,
resignation, or expulsion from office of member of Congress
otherwise authorized to nominate
``(a) Senators.--In the event a Senator does not submit
nominations for cadets for an academic year in accordance
with section 9442(a)(3) of this title due to death,
resignation from office, or expulsion from office and the
date of the swearing-in of the Senator's successor as Senator
occurs after the date of the deadline for submittal of
nominations for cadets for the academic year, the nominations
for cadets otherwise authorized to be made by the Senator
pursuant to such section shall be made instead by the other
Senator from the State concerned.
``(b) Representatives.--In the event a Representative from
a State does not submit nominations for cadets for an
academic year in accordance with section 9442(a)(4) of this
title due to death, resignation from office, or expulsion
from office and the date of the swearing-in of the
Representative's successor as Representative occurs after the
date of the deadline for submittal of nominations for cadets
for the academic year, the nominations for cadets otherwise
authorized to be made by the Representative pursuant to such
section shall be made instead by the Senators from the State
from the district of the Representative, with such
nominations divided equally among such Senators and any
remainder going to the senior Senator from the State.
``(c) Construction of Authority.--Any nomination for cadets
made by a Senator pursuant to this section is in addition to
any nomination of cadets otherwise authorized the Senator
under section 9442 of this title or any other provision of
law.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 953 of such title is amended by
inserting after the item relating to section 9442 the
following new item:
``9442a. Cadets: nomination in event of death, resignation, or
expulsion from office of member of Congress otherwise
authorized to nominate.''.
(d) Report.--Not later than September 30, 2022, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
regarding implementation of the amendments under this
section, including--
(1) the estimate of the Secretary regarding the frequency
with which the authorities under such amendments will be used
each year; and
(2) the number of times a Member of Congress has failed to
submit nominations to the military academies due to death,
resignation from office, or expulsion from office.
SEC. 557. VOTES REQUIRED TO CALL A MEETING OF THE BOARD OF
VISITORS OF A MILITARY SERVICE ACADEMY.
(a) United States Military Academy.--Section 7455 of title
10, United States Code, is amended by adding at the end the
following new subsection:
``(i) A majority of the members of the Board may call an
official meeting of the Board at any time.''.
(b) United States Naval Academy.--Section 8468 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(i) A majority of the members of the Board may call an
official meeting of the Board at any time.''.
(c) United States Air Force Academy.--Section 9455 of title
10, United States Code, is amended by adding at the end the
following new subsection:
``(i) A majority of the members of the Board may call an
official meeting of the Board at any time.''.
SEC. 558. UNITED STATES NAVAL COMMUNITY COLLEGE.
(a) Establishment.--Chapter 859 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 8595. United States Naval Community College:
establishment and degree granting authority
``(a) Establishment and Function.--There is a United States
Naval Community College. The primary function of such College
shall be to provide--
``(1) programs of academic instruction and professional and
technical education for individuals described in subsection
(b) in--
``(A) academic and technical fields of the liberal arts and
sciences which are relevant to the current and future needs
of the Navy and Marine Corps; and
``(B) their practical duties;
``(2) remedial, developmental, or continuing education
programs, as prescribed by the Secretary of the Navy, which
are necessary to support, maintain, or extend programs under
paragraph (1);
``(3) support and advisement services for individuals
pursuing such programs; and
``(4) continuous monitoring of the progress of such
individuals.
``(b) Individuals Eligible for Programs.--Subject to such
other eligibility requirements as the Secretary of the Navy
may prescribe, the following individuals are eligible to
participate in programs and services under subsection (a):
``(1) Enlisted members of the Navy and Marine Corps.
``(2) Officers of the Navy and Marine Corps who hold a
commission but have not completed a postsecondary degree.
``(3) Civilian employees of the Department of the Navy.
``(4) Other individuals, as determined by the Secretary of
the Navy, so long as access to programs and services under
subsection (a) by such individuals is--
``(A) in alignment with the mission of the United States
Naval Community College; and
``(B) determined to support the mission or needs of the
Department of the Navy.
``(c) Degree and Credential Granting Authority.--
``(1) In general.--Under regulations prescribed by the
Secretary of the Navy, the head of the United States Naval
Community College may, upon the recommendation of the
directors and faculty of the College, confer appropriate
degrees or academic credentials upon graduates who meet the
degree or credential requirements.
``(2) Limitation.--A degree or credential may not be
conferred under this subsection unless--
``(A) the Secretary of Education has recommended approval
of the degree or credential in accordance with the Federal
Policy Governing Granting of Academic Degrees by Federal
Agencies; and
``(B) the United States Naval Community College is
accredited by the appropriate civilian academic accrediting
agency or organization to award the degree or credential, as
determined by the Secretary of Education.
``(3) Congressional notification requirements.--
``(A) When seeking to establish degree or credential
granting authority under this subsection, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives--
``(i) a copy of the self assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees
by Federal Agencies, at the time the assessment is submitted
to the Department of Education's National Advisory Committee
on Institutional Quality and Integrity; and
[[Page H4641]]
``(ii) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree or credential granting authority.
``(B) Upon any modification or redesignation of existing
degree or credential granting authority, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report containing
the rationale for the proposed modification or redesignation
and any subsequent recommendation of the Secretary of
Education on the proposed modification or redesignation.
``(C) The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing an explanation of any
action by the appropriate academic accrediting agency or
organization not to accredit the United States Naval
Community College to award any new or existing degree or
credential.
``(d) Civilian Faulty Members.--
``(1) Authority of secretary.--The Secretary of the Navy
may employ as many civilians as professors, instructors, and
lecturers at the United States Naval Community College as the
Secretary considers necessary.
``(2) Compensation.--The compensation of persons employed
under this subsection shall be prescribed by the Secretary of
the Navy.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 859 of title 10, United States Code, is
amended by adding at the end the following new item:
``8595. United States Naval Community College: establishment and degree
granting authority.''.
SEC. 559. CODIFICATION OF ESTABLISHMENT OF UNITED STATES AIR
FORCE INSTITUTE OF TECHNOLOGY.
(a) In General.--Chapter 951 of title 10, United States
Code, is amended by inserting before section 9414 the
following new section:
``Sec. 9413. United States Air Force Institute of Technology:
establishment
``There is in the Department of the Air Force a United
States Air Force Institute of Technology, the purposes of
which are to perform research and to provide, to members of
the Air Force and Space Force (including the reserve
components) and civilian employees of such Department,
advanced instruction and technical education regarding their
duties.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting, before the
item relating to section 9414, the following new item:
``9413. United States Air Force Institute of Technology:
establishment.''.
SEC. 559A. CLARIFICATIONS REGARDING SCOPE OF EMPLOYMENT AND
REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED
SERVICES.
(a) Clarification Regarding Definition of Rights and
Benefits.--Section 4303(2) of title 38, United States Code,
is amended--
(1) by inserting ``(A)'' before ``The term''; and
(2) by adding at the end the following new subparagraph:
``(B) Any procedural protections or provisions set forth in
this chapter shall also be considered a right or benefit
subject to the protection of this chapter.''.
(b) Clarification Regarding Relation to Other Law and Plans
for Agreements.--Section 4302 of such title is amended by
adding at the end the following:
``(c)(1) Pursuant to this section and the procedural rights
afforded by subchapter III of this chapter, any agreement to
arbitrate a claim under this chapter is unenforceable, unless
all parties consent to arbitration after a complaint on the
specific claim has been filed in court or with the Merit
Systems Protection Board and all parties knowingly and
voluntarily consent to have that particular claim subjected
to arbitration.
``(2) For purposes of this subsection, consent shall not be
considered voluntary when a person is required to agree to
arbitrate an action, complaint, or claim alleging a violation
of this chapter as a condition of future or continued
employment, advancement in employment, or receipt of any
right or benefit of employment.''.
SEC. 559B. CLARIFICATION AND EXPANSION OF PROHIBITION ON
GENDER-SEGREGATED TRAINING IN THE MARINE CORPS.
Section 565 of the National Defense Authorization Act for
Fiscal Year 2020 (10 U.S.C. 8431 note prec.) is amended--
(1) in the heading, by inserting ``and officer candidates
school'' after ``depots'';
(2) in subsection (a)(1)--
(A) by striking ``training'' and inserting ``no training
platoon'' ; and
(B) by striking ``not'';
(3) in subsection (b)(1)--
(A) by striking ``training'' and inserting ``no training
platoon'' ; and
(B) by striking ``not''; and
(4) by adding at the end the following new subsections:
``(c) New Location.--No training platoon at a Marine Corps
recruit depot established after the date of the enactment of
this Act may be segregated based on gender.
``(d) Officer Candidates School.--
``(1) Prohibition.--Subject to paragraph (2), training at
Officer Candidates School, Quantico, Virginia, may not be
segregated based on gender.
``(2) Deadline.--The Commandant of the Marine Corps shall
carry out this subsection not later than five years after the
date of the enactment of this Act.''.
SEC. 559C. REQUIREMENT TO ISSUE REGULATIONS ENSURING CERTAIN
PARENTAL GUARDIANSHIP RIGHTS OF CADETS AND
MIDSHIPMEN.
(a) Regulations Required.--
(1) In general.--Each Secretary concerned shall prescribe
by regulation policies ensuring that the parental
guardianship rights of cadets and midshipmen are protected
consistent with individual and academic responsibilities.
(2) Protection of parental guardianship rights.--The
regulations prescribed under paragraph (1) shall provide
that--
(A) a cadet or midshipman of a covered service academy may
not be required to give up such cadet or midshipman's
parental guardianship rights in the event of a pregnancy
occurring after the beginning of such cadet or midshipman's
first day of academic courses;
(B) except as provided under paragraph (3), a covered
service academy may not involuntarily dis-enroll a cadet or
midshipman who becomes pregnant or fathers a child while
enrolled at such academy after the first day of academic
courses; and
(C) a cadet or midshipman who becomes pregnant or fathers a
child while enrolled at a covered service academy shall be
allowed to take leave for up to one year and return to the
academy to resume classes afterward.
(3) Responsibilities of parents enrolled at covered service
academies.--The regulations prescribed under paragraph (1)
shall require cadets and midshipmen with dependents to
establish a family care plan in consultation with and
approved by appropriate academy leadership. The family care
plan shall--
(A) designate a full-time care provider, such as another
parent or guardian of the dependent or a family member of the
cadet or midshipman, who shall--
(i) be responsible for the dependent;
(ii) not be enrolled at a covered service academy; and
(iii) have either full power-of-attorney or guardianship
rights in order to prevent situations where such cadet or
midshipman is pulled away from such cadet or midshipman's
duties and responsibilities at the covered service academy;
(B) ensure that such cadet or midshipman--
(i) does not rely on base facilities or child-care services
and is able to function as any other cadet or midshipman,
including residing in covered service academy dormitories;
(ii) except as provided under paragraphs (4) and (5)(B)(i),
does not receive additional compensation benefits or
concessions from the covered service academy on account of
having a dependent, including money, leave, or liberty;
(iii) is not be excused on account of such dependent from
standard classes, training, traveling, fitness requirements,
or any other responsibilities inherent to attending a covered
service academy; and
(C) ensure, that if both parents of a dependent are cadets
or midshipmen at a covered service academy, the parents shall
agree on the family care plan or face expulsion (with no
incurred obligations).
(4) Options for pregnant cadets and midshipmen.--The
regulations prescribed under paragraph (1) shall provide that
females becoming pregnant while enrolled at a covered service
academy shall have, at a minimum, the following options:
(A) At the conclusion of the current semester or when
otherwise deemed medically appropriate, taking leave from the
covered service academy for up to one year followed by a
return to full cadet or midshipman status.
(B) Seek a transfer to a university with a Reserve
Officers' Training Corps for the Armed Force under the
military department concerned.
(C) Full release from the covered service academy and any
related obligations.
(D) Enlistment in active-duty service, with all of the
attendant benefits.
(5) Treatment of males fathering a child while enrolled at
covered service academies.--The regulations prescribed under
paragraph (1) shall provide that males fathering a child
while enrolled at a covered service academy--
(A) shall not be required to give up parental rights; and
(B) shall not acquire any benefits or leave considerations
as a result of fathering a child, except that--
(i) academy leadership shall establish policies to allow
cadets and midshipmen at least one week of leave to attend
the birth of such child, which must be used in conjunction
with the birth; and
(ii) in the event the male father becomes the sole
financial provider for a dependent, the academy shall provide
the father the same options available to a cadet or
midshipman who becomes a mother while enrolled, including
remaining enrolled in accordance with a family care plan
established pursuant to paragraph (3) or selecting one of the
options specified in subparagraphs (B) and (C) of paragraph
(4).
(6) Rule of construction.--Nothing in this section shall be
construed as requiring or providing for the changing of
admission requirements at any of the covered service
academies.
(b) Definitions.--In this section:
(1) The term ``covered service academy'' means the
following:
(A) The United States Military Academy, West Point, New
York.
(B) The United States Naval Academy, Annapolis, Maryland.
(C) The United States Air Force Academy, Colorado Springs,
Colorado.
(D) The United States Coast Guard Academy, New London,
Connecticut.
(E) The United States Merchant Marine Academy, Kings Point,
New York.
(2) The term ``Secretary concerned'' means--
(A) with respect to the United States Military Academy, the
United States Naval Academy, and the United States Air Force
Academy, the Secretary of Defense, in consultation with the
Secretaries of the military departments and the
Superintendent of each such academy;
(B) with respect to the United States Coast Guard Academy,
the Secretary of Homeland Security, in consultation with the
Commandant of
[[Page H4642]]
the Coast Guard and the Superintendent of the Coast Guard
Academy; and
(C) with respect to the United States Merchant Marine
Academy, the Secretary of Transportation, in consultation
with the Administrator of the Maritime Administration and the
Superintendent of the Merchant Marine Academy.
SEC. 559D. DEFENSE LANGUAGE CONTINUING EDUCATION PROGRAM.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Personnel and Readiness shall coordinate with the Director of
the Defense Intelligence Agency to designate an executive
agent for commercially available advanced foreign language
training to meet operational readiness requirements of the
Department of Defense.
(b) Elements.--The executive agent designated in subsection
(a) shall be responsible for the following:
(1) Developing policies, procedures, and curricula to allow
for continuing language training when linguists transition to
operational environments from education or training
environments, such as the Defense Language Institute, the
Defense Language and National Security Education Office, or
service-based training.
(2) Identifying the resourcing requirements necessary for
each armed force to have access to the following foreign
language training elements:
(A) A foreign language and current culture training and
maintenance virtual immersion program covering strategic
languages (as designated by the Federal Government), with a
range of multimedia materials including--
(i) current and authentic copyrighted multimedia content
(video, audio, print, etc.), in multiple genres, that have
been cleared for legal use;
(ii) foreign-originated newscasts and interviews with
foreign speakers; and
(iii) any other content determined by the executive agent
to be necessary for personnel to acquire proper vocabulary,
phraseology, and enhanced understanding of the nuances
associated with foreign cultures.
(B) Anytime accessibility, both on-line and via mobile
device.
(C) Training programs with success proven by previous
partnerships with academic institutions in the United States
or other departments and agencies of the Federal Government.
(c) Reimbursement Authority.--Not later than 180 days after
the date of the enactment of this Act, the executive agent,
in coordination with the chief of each covered Armed Force,
shall establish a procedure through which the Armed Force
shall reimburse any organization of the Department of Defense
that provides instruction under this section to members of
that Armed Force for the costs of such instruction.
(d) Covered Armed Force Defined.--In this section, the term
``covered Armed Force'' means the Army, Navy, Air Force,
Marine Corps, and Space Force.
SEC. 559E. PUBLIC-PRIVATE CONSORTIUM TO IMPROVE PROFESSIONAL
MILITARY EDUCATION.
(a) Establishment.--The Secretary of Defense, acting
through the Chairman of the Joint Chiefs of Staff and in
consultation with the Under Secretary of Defense for
Personnel and Readiness, may establish and maintain a public-
private consortium (referred to in this section as the
``Consortium'') to improve and broaden professional military
education for military officers and civilian employees of the
Federal Government.
(b) Directors.--
(1) In general.--The President of the National Defense
University and the head of a civilian institution of higher
education appointed in accordance with paragraph (3) shall
serve as co-directors of the Consortium.
(2) Responsibilities of co-directors.--The co-directors
shall be responsible for--
(A) the administration and management of the Consortium;
and
(B) developing a common curriculum for professional
military education using input received from members of the
Consortium.
(3) Appointment of co-director from civilian institution.--
Not later than June 1, 2022, the Secretary of Defense shall
appoint an individual who is the President or Chancellor of a
civilian institution of higher education to serve as co-
director of the Consortium as described in paragraph (1).
(4) Term of co-director.--The co-director appointed under
paragraph (3) shall serve an initial term of five years. The
Secretary of Defense may reappoint such co-director for one
or more additional terms of not more than five years, as the
Secretary determines appropriate.
(5) Authority.--In the event that a conflict arises between
co-directors of the Consortium, the conflict shall be
resolved by the Director for Joint Force Development of the
Joint Chiefs of Staff (J-7).
(c) Activities of Consortium.--The Consortium shall carry
out the following activities:
(1) Bring the military education system (including military
service academies, institutions that provide professional
military education, and other institutions the provide
military education) together with a broad group of civilian
institutions of higher education, policy research institutes,
and the commercial sector to develop and continually update a
research-based curriculum to prepare early career, mid-
career, and senior military officers and civilian employees
of the Federal Government to succeed in an era that will be
predominantly defined by great power competition and in which
security challenges will transcend the traditional areas of
defense expertise, becoming more complex and inter-related
than before, with disruptions that will manifest rapidly and
with little warning.
(2) Train military officers and civilian educators serving
in the joint professional military education system to
implement the curriculum developed under paragraph (2) at the
institutions they serve.
(3) On a regular basis, make recommendations to the
Secretary about how the joint professional military education
system should be modified to meet the challenges of apparent
or possible future defense, national security, and
international environments.
(d) Members.--The Consortium shall be composed of
representatives selected by the Secretary of Defense from the
following organizations:
(1) Organizations within the joint professional military
education system.
(2) Military service academies.
(3) Other institutions of the Federal Government that
provide military education.
(4) Civilian institutions of higher education.
(5) Private sector and government policy research
institutes.
(6) Organizations in the commercial sector, including
organizations from the industrial, finance, and technology
sectors.
(e) Annual Report.--Not later than September 30, 2023, and
annually thereafter, the co-directors of the Consortium shall
submit to the Secretary of Defense and the appropriate
congressional committees a report that describes the
activities carried out by the Consortium during the preceding
year.
(f) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(B) the Committee on Armed Services and the Committee on
the Environment and Public Works of the Senate.
(2) The term ``civilian institution of higher education''
means an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)) that is not owned or controlled by the Federal
Government.
SEC. 559F. STANDARDS FOR TRAINING OF SURFACE WARFARE OFFICERS
AND ENLISTED MEMBERS.
(a) Establishment.--Not later than September 30, 2022, the
Secretary of the Navy shall establish standards and
procedures (subject to subsection (b)) by which a Navy
surface warfare officer or enlisted member of the Navy who
serves in a bridge or engine department may be issued a
merchant mariner credential in accordance with part E of
subtitle II of title 46, United States Code, including--
(1) a merchant mariner credential with a national officer
endorsement under section 10.109(a) of title 46, Code Federal
Regulations, as in effect on the date of the enactment of
this Act;
(2) a national rating endorsement under subsection (b) or
(c) of section 10.109 of such title; or
(3) a Standards of Training, Certification, and
Watchkeeping endorsement under section 10.109 (d) of such
title.
(b) Stringency.--In no case shall the standards described
in subsection (a) be less stringent than the standards
applied by the Army, Military Sealift Command, or Coast Guard
vessel operators.
(c) Report.--Upon establishment under subsection (a), the
Secretary of the Navy shall submit to the appropriate
congressional committees a report that updates the military-
to-mariner transition provided in response to section 568 of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328) that includes--
(1) a description of the how the training program for
surface warfare officers exceeds the minimum requirements for
a merchant mariner credential with an appropriate
endorsement--
(A) meets the requirements for a merchant mariner
credential with an appropriate endorsement; and
(B) exceeds such requirements;
(2) a list of the proposed naval curriculum courses that
have been submitted to the National Maritime Center for
course credentialing approval; and
(3) a timeline for--
(A) all personnel described in subsection (b)(1) to be
qualified to be issued merchant mariner credentials with
national officer and ratings endorsements; and
(B) 50 percent of such personnel to receive such credential
with Standards of Training, Certification, and Watchkeeping
endorsement.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees (as that term is
defined in section 101 of title 10, United States Code).
(2) The Committee on Transportation and Infrastructure of
the House of Representatives.
(3) The Committee on Commerce, Science, and Transportation
of the Senate.
SEC. 559G. PROFESSIONAL MILITARY EDUCATION: REPORT;
DEFINITION.
(a) Report.--
(1) In general.--Not later than July 1, 2022, the Secretary
of Defense, in consultation with the Chairman of the Joint
Chiefs of Staff, shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report setting forth the results of a review and assessment
of the definition of professional military education in the
Department of Defense and the military departments as
specified in subsection (c).
(2) Elements.--The report under this subsection shall
include the following elements:
(A) A consolidated summary of all definitions of the term
``professional military education'' used in the Department of
Defense and the military departments.
[[Page H4643]]
(B) A description of how such term is used in the
Department of Defense in educational institutions, associated
schools, programs, think tanks, research centers, and support
activities.
(C) An analysis of how such term--
(i) applies to tactical, operational, and strategic
settings; and
(ii) is linked to mission requirements.
(D) An analysis of how professional military education has
been applied and linked through all levels of Department of
Defense education and training.
(E) The applicability of professional military education to
the domains of warfare, including land, air, sea, space, and
cyber.
(F) With regards to online and virtual learning in
professional military education--
(i) an analysis of the use of such learning; and
(ii) student satisfaction in comparison to traditional
classroom learning.
(b) Definition.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Chairman of the Joint Chiefs of Staff
and the Secretaries of the military departments, using the
report under subsection (a), shall standardize the definition
of ``professional military education'' across the military
departments and the Department of Defense.
SEC. 559H. STUDY ON TRAINING AND EDUCATION OF MEMBERS OF THE
ARMED FORCES REGARDING SOCIAL REFORM AND
UNHEALTHY BEHAVIORS.
(a) Study.--Not later than April 1, 2022, the Secretary of
Defense, in consultation with the Secretaries of the military
departments, shall conduct a study on training and courses of
education offered to covered members regarding--
(1) sexual assault;
(2) sexual harassment;
(3) extremism;
(4) domestic violence;
(5) diversity, equity, and inclusion;
(6) military equal opportunity;
(7) suicide prevention; and
(8) substance abuse.
(b) Elements.--The study under subsection (a) shall
identify, with regard to each training or course of
education, the following:
(1) Sponsor.
(2) Location.
(3) Method.
(4) Frequency.
(5) Number of covered members who have participated.
(6) Legislation, regulation, instruction, or guidance that
requires such training or course (if applicable).
(7) Metrics of--
(A) performance;
(B) effectiveness; and
(C) data collection.
(8) Responsibilities of the Secretary of Defense or
Secretary of a military department to--
(A) communicate with non-departmental entities;
(B) process feedback from trainers, trainees, and such
entities;
(C) connect such training or course to tactical,
operational, and strategic goals; and
(D) connect such training or course to other training
regarding social reform and unhealthy behavior.
(9) Analyses of--
(A) whether the metrics described in paragraph (7) are
standardized across the military departments;
(B) mechanisms used to engage non-departmental entities to
assist in the development of such training or courses;
(C) incentives used to ensure the effectiveness of such
training or courses;
(D) how each training or courses is intended to change
behavior; and
(E) costs of such training and courses.
(10) Recommendations of the Secretary of Defense to improve
such training or courses, including the estimated costs to
implement such improvements.
(11) Any other information the Secretary of Defense
determines relevant.
(c) Report.--Not later than July 1, 2022, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report on the
results of the study under this section.
(d) Covered Member Defined.--In this section, the term
``covered member'' means a member of an Armed Force under the
jurisdiction of the Secretary of a military department.
Subtitle G--Military Family Readiness and Dependents' Education
SEC. 561. ESTABLISHMENT OF EXCEPTIONAL FAMILY MEMBER PROGRAM
ADVISORY COUNCIL.
(a) Establishment.--Chapter 7 of title 10, United States
Code, is amended by inserting before section 187 the
following new section 186:
``Sec. 186. Exceptional Family Member Program Advisory
Council
``(a) Establishment.--There is an Exceptional Family Member
Program Advisory Council in the Department of Defense (in
this section referred to as the `Council').
``(b) Purpose.--The Council shall provide, to the Secretary
and the chiefs of the covered armed forces, recommendations
regarding how to improve the Exceptional Family Member
Program. The Council shall provide such recommendations not
less than once every six months.
``(c) Composition.--The Council shall be composed of the
following:
``(1) One member of each covered armed force--
``(A) serving on active duty;
``(B) who has a dependent--
``(i) enrolled in the Exceptional Family Member Program;
and
``(ii) with an individualized education program; and
``(C) appointed by the Vice Chief of Staff of the covered
armed force concerned.
``(2) Two military spouses--
``(A) of members eligible to be appointed under paragraph
(1);
``(B) who are not civilian employees of the Department of
Defense;
``(C) one of whom is married to an enlisted member and one
of whom is married to an officer; and
``(D) appointed by the Vice Chief of Staff of the covered
armed force concerned.
``(3) One adult dependent--
``(A) enrolled in the Exceptional Family Member Program;
and
``(B) appointed by the Vice Chief of Staff of the covered
armed force concerned.
``(4) One representative of the Exceptional Family Member
Program Coalition.
``(5) One member of the Defense Health Agency.
``(6) One member of the Department of Defense Education
Activity.
``(7) One member of the Office of Special Needs.
``(d) Appointments.--In making appointments under
subsection (c), the Vice Chief of Staff of the covered armed
force concerned shall seek to represent the diversity of the
disability community.
``(e) Terms.--Each member of the Council shall serve a term
of two years, except one of the original members appointed
under subsection (c)(2), selected by the Secretary of Defense
at the time of appointment, one shall be appointed for a term
of three years.
``(f) Meetings.--The Council shall meet at least once every
calendar quarter, in person or by teleconference.
``(g) Covered Armed Force Defined.--In this section, the
term `covered armed force' means an armed force under the
jurisdiction of the Secretary of a military department.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections at the
beginning of such chapter is amended by inserting before the
item relating to section 187 the following new item:
``186. Exceptional Family Member Program Advisory Council.''.
(2) Termination of advisory panel on community support for
military families with special needs.--Section 563 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 10 U.S.C. 1781c note) is amended by
striking subsection (d).
SEC. 562. NON-MEDICAL COUNSELING SERVICES FOR MILITARY
FAMILIES.
Section 1781 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d) Non-medical Counseling Services.--(1) In carrying out
its duties under subsection (b), the Office may coordinate
programs and activities for the provision of non-medical
counseling services to military families through the
Department of Defense Family Readiness System.
``(2) Notwithstanding any other provision of law, a mental
health care provider described in paragraph (3) may provide
non-medical counseling services at any location in a State,
the District of Columbia, or a territory or possession of the
United States, without regard to where the provider or
recipient of such services is located, if the provision of
such services is within the scope of the authorized Federal
duties of the provider.
``(3) A mental health care provider described in this
subsection is a person who is--
``(A) a currently licensed mental health care provider who
holds a license that is--
``(i) issued by a State, the District of Columbia, or a
territory or possession of the United States; and
``(ii) recognized by the Secretary of Defense;
``(B) a member of the armed forces, a civilian employee of
the Department of Defense, or a contractor designated by the
Secretary; and
``(C) performing authorized duties for the Department of
Defense under a program or activity referred to in paragraph
(1).
``(4) In this subsection, the term `non-medical counseling
services' means mental health care services that are non-
clinical, short-term and solution focused, and address topics
related to personal growth, development, and positive
functioning.''.
SEC. 563. EXPANSION OF SUPPORT PROGRAMS FOR SPECIAL
OPERATIONS FORCES PERSONNEL AND IMMEDIATE
FAMILY MEMBERS.
(a) In General.--Section 1788a(e) of title 10, United
States Code, is amended--
(1) in paragraph (4), by striking ``covered personnel'' and
inserting ``covered individuals''; and
(2) in paragraph (5)--
(A) by striking ``covered personnel'' and inserting
``covered individuals'';
(B) in subparagraph (B), by striking ``and'' at the end;
(C) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following new subparagraph:
``(D) immediate family members of individuals described in
subparagraphs (A) or (B) in a case in which such individual
died--
``(i) as a direct result of armed conflict;
``(ii) while engaged in hazardous service;
``(iii) in the performance of duty under conditions
simulating war; or
``(iv) through an instrumentality of war.''.
SEC. 564. CLARIFICATION OF QUALIFICATIONS FOR ATTORNEYS WHO
PROVIDE LEGAL SERVICES TO FAMILIES ENROLLED IN
THE EXCEPTIONAL FAMILY MEMBER PROGRAM.
Section 582(b)(7) of the William M. (Mac) Thornberry
National Defense Authorization Act
[[Page H4644]]
for Fiscal Year 2021 (Public Law 116-283) is amended, in the
matter preceding subparagraph (A), by striking ``in education
law'' and inserting ``and with experience in the practice of
education law in the State in which the military installation
is located (and any other State or States in which a
significant portion of the personnel assigned to such
military installation reside)''.
SEC. 565. IMPROVEMENTS TO THE EXCEPTIONAL FAMILY MEMBER
PROGRAM.
(a) Verification of Suitability of Housing and Educational
Institutions.--Section 582(c)(2) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) is amended by inserting ``, and to
verify that housing and at least one school near such
military installation is suitable for the dependent with
special needs of such covered member'' before the period at
the end.
(b) Expansion of Advisory Panel on Community Support for
Military Families With Special Needs.--Section 563(d)(2) of
the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 10 U.S.C. 1781c note) is amended--
(1) by striking ``seven'' and inserting ``nine'';
(2) by inserting ``, appointed by the Secretary of
Defense,'' after ``individuals'';
(3) by inserting ``each'' before ``a member'';
(4) by striking the second sentence; and
(5) by adding ``One such individual shall be the spouse of
an enlisted member and one such individual shall be the
spouse of an officer in a grade below O-6.'' at the end.
(c) Relocation.--The Secretary of the military department
concerned shall, if such Secretary determines it feasible,
permit a covered member who receives permanent change of
station orders to elect, not later than 14 days after such
receipt, from at least two locations that provide support for
the dependent of such covered member with a special need.
(d) Scanning of DD Form 2792.--The Secretary of a military
department shall require that a DD Form 2792 completed by a
covered member is scanned and uploaded to the electronic
health record of the dependent described in such DD Form
2792.
(e) Covered Member Defined.--In this section, the term
``covered member'' means a member of an Armed Force--
(1) under the jurisdiction of the Secretary of a military
department; and
(2) with a dependent with a special need.
SEC. 566. DATABASE OF NEXT OF KIN OF DECEASED MEMBERS OF THE
ARMED FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall prescribe
regulations that establish and maintain a database of the
Department of Defense that contains up-to-date contact
information for the next of kin of members of the Armed
Forces under the jurisdiction of the Secretaries of the
military departments. Such regulations shall ensure that--
(1) a commander in a grade higher than O-5 may access the
contact information for the next of kin of a member who died
while a member of the unit under the command of such
commander, regardless of whether such member served under
such commander; and
(2) an individual named in such database may--
(A) elect to not be contacted by an officer described in
paragraph (1); and
(B) change such election at any time.
SEC. 567. POLICY REGARDING REMOTE MILITARY INSTALLATIONS.
(a) Policy.--Not later than April 1, 2022, the Secretary of
Defense, in consultation with the Secretaries of the military
departments, shall develop a uniform policy for how to--
(1) identify remote military installations; and
(2) assess and manage challenges associated with remote
military installations.
(b) Elements.--The policy under subsection (a) shall
address the following:
(1) Activities and facilities for the morale, welfare, and
recreation of members of the Armed Forces.
(2) Availability of housing, located on and off remote
military installations.
(3) Educational services for dependents of members of the
Armed Forces, located on and off remote military
installations.
(4) Availability of health care.
(5) Employment opportunities for military spouses.
(6) Risks associated with having insufficient support
services for members of the Armed Forces and their
dependents.
(c) Report.--Not later than July 1, 2022, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report setting
forth--
(1) the policy under this section; and
(2) an implementation plan for the policy.
(d) Military Installation Defined.--In this section, the
term ``military installation'' has the meaning given that
term in section 2801 of title 10, United States Code.
SEC. 568. FEASIBILITY STUDY ON PROGRAM FOR DROP-IN CHILD CARE
FURNISHED TO CERTAIN MILITARY SPOUSES AT
MILITARY CHILD DEVELOPMENT CENTERS.
(a) Authorization.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
conduct a feasibility study on the establishment of a program
under which the military spouse of a covered member may leave
a covered child with a child care employee--
(1) at the military child development center of the
military installation that is the permanent duty station of
such covered member;
(2) during the normal hours of operation of the military
child development center at which such child care employee is
employed; and
(3) for not more than two hours per week.
(b) Report.--Not later than September 30, 2022, the
Secretary shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report regarding
the results of the study under subsection (a).
(c) Definitions.--In this section:
(1) The terms ``child care employee'' and ``military child
development center'' have the meanings given such terms in
section 1800 of title 10, United States Code.
(2) The term ``covered child'' means the dependent child of
a covered member--
(A) younger than seven years of age; and
(B) who does not regularly receive child care services at a
military child development center.
(3) The term ``covered member'' means a member of the Armed
Forces performing active duty for a period of more than 30
days at a location other than the permanent duty station of
such member.
SEC. 569. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON
EMPLOYMENT DISCRIMINATION AGAINST MILITARY
SPOUSES BY CIVILIAN EMPLOYERS.
Not later than 180 days after the date of the enactment of
this Act, and 180 days thereafter, the Comptroller General of
the United States shall submit to the congressional defense
committees a report on employment discrimination against
military spouses by civilian employers, including on the
basis of military spouse status. Such report shall include an
assessment of the following:
(1) The feasibility of policy solutions to prevent such
discrimination, including--
(A) by amending the Uniformed Services Employment and
Reemployment Rights Act of 1994 (Public Law 103-353) to
ensure that military spouses are covered under such Act; and
(B) by including military spouses as a protected class for
the purpose of laws relating to employment discrimination.
(2) Potential differential effects of such discrimination
across race and gender, to determine if military spouses who
are people of color are subject to intersectional
discrimination.
SEC. 569A. REPORT ON EFFORTS OF COMMANDERS OF MILITARY
INSTALLATIONS TO CONNECT MILITARY FAMILIES WITH
LOCAL ENTITIES THAT PROVIDE SERVICES TO
MILITARY FAMILIES.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on how and the extent to which
commanders of military installations connect military
families with local nonprofit and government entities that
provide services to military families, including assistance
with housing.
SEC. 569B. REPORT ON PRESERVATION OF THE FORCE AND FAMILY
PROGRAM OF UNITED STATES SPECIAL OPERATIONS
COMMAND.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Commander of United
States Special Operations Command shall submit to the
congressional defense committees a report on POTFF.
(b) Elements.--The report under this section shall include
the following:
(1) An assessment of the human performance domain of
current programs and activities, including--
(A) physical conditioning;
(B) exercise physiology;
(C) kinesiology;
(D) nutrition guidance;
(E) rehabilitative support (including physical therapy);
and
(F) mental skills training (including sports psychology).
(2) A description of efforts of the Commander to assess the
unique needs of members of special operations forces,
including women and minorities.
(3) An assessment of the effectiveness of POTFF in
addressing such unique needs.
(4) Plans of the Commander to improve POTFF to better
address such unique needs.
(c) Definitions.--In this section:
(1) The term ``POTFF'' means the Preservation of the Force
and Family Program of United States Special Operations
Command under section 1788a of title 10, United States Code.
(2) The term ``special operations forces'' means the forces
described in section 167(j) of title 10, United States Code.
SEC. 569C. GAO REVIEW OF PRESERVATION OF THE FORCE AND FAMILY
PROGRAM OF UNITED STATES SPECIAL OPERATIONS
COMMAND.
(a) Review.--Not later than April 1, 2022, the Comptroller
General of the United States shall conduct a review of POTFF
and submit to the appropriate committees a report containing
the results of such review.
(b) Elements.--The report under this section shall include
the following:
(1) An assessment of the sufficiency of the human
performance domain of current programs and activities of
POTFF.
(2) A description of efforts of the Commander of United
States Special Operations Command to assess the unique needs
of members of special operations forces, including women and
minorities.
(3) A description of plans of the Commander to improve
POTFF to better address the unique needs of members of
special operations forces.
(4) Changes in costs to the United States to operate POTFF
since implementation.
(5) Rates of participation in POTFF, including--
(A) the number of individuals who participate;
(B) frequency of use by such individuals; and
(C) geographic locations where such individuals
participate.
[[Page H4645]]
(6) Methods by which data on POTFF is collected and
analyzed.
(7) Outcomes used to determine the effects of POTFF on
members of special operations forces and their immediate
family members, including a description of the effectiveness
of POTFF in addressing unique needs of such individuals.
(c) Briefing.--Not later than January 31, 2022, the
Comptroller General shall provide to the appropriate
committees a briefing on the preliminary findings of the
Comptroller General under the review under this section.
(d) Definitions.--In this section:
(1) The term ``appropriate committees'' means the
Committees on Armed Services of the Senate and House of
Representatives.
(2) The term ``POTFF'' means the Preservation of the Force
and Family Program of United States Special Operations
Command under section 1788a of title 10, United States Code.
(3) The term ``special operations forces'' means the forces
described in section 167(j) of title 10, United States Code.
SEC. 569D. CONTINUED ASSISTANCE TO SCHOOLS WITH SIGNIFICANT
NUMBERS OF MILITARY DEPENDENT STUDENTS.
(a) Assistance to Schools With Significant Numbers of
Military Dependent Students.--Of the amount authorized to be
appropriated for fiscal year 2022 in division D of this Act
and available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301
of this Act, $50,000,000 shall be available only for the
purpose of providing assistance to local educational agencies
under subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
20 U.S.C. 7703b).
(b) Impact Aid for Children With Severe Disabilities.--Of
the amount authorized to be appropriated for fiscal year 2022
in division D of this Act and available for operation and
maintenance for Defense-wide activities as specified in the
funding table in section 4301 of this Act, $20,000,000 shall
be available for payments under section 363 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (Public Law 106-398; 20 U.S.C. 7703a).
(c) Local Educational Agency Defined.--In this section, the
term ``local educational agency'' has the meaning given that
term in section 7013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 569E. VERIFICATION OF REPORTING OF ELIGIBLE FEDERALLY
CONNECTED CHILDREN FOR PURPOSES OF FEDERAL
IMPACT AID PROGRAMS.
(a) Certification.--On an annual basis, each commander of a
military installation under the jurisdiction of the Secretary
of a military department shall submit to such Secretary a
written certification verifying whether the commander has
confirmed the information contained in all impact aid source
check forms received from local educational agencies as of
the date of such certification.
(b) Report.--Not later June 30 of each year, each Secretary
of a military department shall submit to the congressional
defense committees a report, based on the information
received under subsection (a), that identifies--
(1) each military installation under the jurisdiction of
such Secretary that has confirmed the information contained
in all impact aid source check forms received from local
educational agencies as of the date of the report; and
(2) each military installation that has not confirmed the
information contained in such forms as of such date.
(c) Definitions.--In this section:
(1) Term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10,
United States Code.
(2) The term ``impact aid source check form'' means a form
submitted to a military installation by a local educational
agency to confirm the number and identity of children
eligible to be counted for purposes of the Federal impact aid
program under section 7003(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(a)).
(3) The term ``local educational agency'' has the meaning
given that term in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
Subtitle H--Diversity and Inclusion
SEC. 571. INFORMATION ON FEMALE AND MINORITY PARTICIPATION IN
MILITARY SERVICE ACADEMIES AND THE SENIOR
RESERVE OFFICERS' TRAINING CORPS.
Section 113 of title 10, United States Code, is amended--
(1) in subsection (c)(2), by inserting before the semicolon
the following: ``, including the status of diversity and
inclusion in the military service academies and the Senior
Reserve Officers' Training Corps programs of such
department'';
(2) in subsection (l)(2)--
(A) in subparagraph (D), by inserting ``(including through
the military service academies and the Senior Reserve
Officers' Training Corps)'' after ``into the armed forces'';
and
(B) in subparagraph (E), by inserting ``, attendance at
military service academies, and enrollment in the Senior
Reserve Officers' Training Corps that'' before ``is
representative''; and
(3) in subsection (m)--
(A) by redesignating paragraphs (5) through (7) as
paragraphs (6) through (8), respectively; and
(B) by inserting after paragraph (4) the following new
paragraph:
``(5) The number of cadets and midshipmen from the Senior
Reserve Officers' Training Corps of each armed force who are
expected to be commissioned into the armed forces during the
fiscal year covered by such report, disaggregated by gender,
race, and ethnicity.''.
SEC. 572. SURVEYS ON DIVERSITY, EQUITY, AND INCLUSION AND
ANNUAL REPORTS ON SEXUAL ASSAULTS AND RACIAL
AND ETHNIC DEMOGRAPHICS IN THE MILITARY JUSTICE
SYSTEM.
(a) Modification of Content of Certain Surveys.--
(1) Armed forces surveys.--Section 481 of title 10, United
States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1) by striking the second sentence;
(ii) in paragraph (3) by striking ``Equal Opportunity'' and
inserting ``Diversity, Equity, and Inclusion'';
(B) in subsection (b)--
(i) in the subsection heading, by striking ``Equal
Opportunity'' and inserting ``Diversity, Equity, and
Inclusion'';
(ii) in the matter preceding paragraph (1), by striking
``Equal Opportunity'' and inserting ``Diversity, Equity, and
Inclusion''; and
(iii) by adding at the end the following new paragraphs:
``(4) Identifying and assessing the extent of activity
among such members that may be seen as `hate group' activity.
``(5) Whether respondents have, in the preceding year--
``(A) experienced or witnessed extremist, racist, anti-
Semitic, or supremacist activity in the workplace; or
``(B) reported such activity.'';
(C) in subsection (c)--
(i) by redesignating paragraph (5) as paragraph (6); and
(ii) by inserting after paragraph (4) the following new
paragraph:
``(5) Identifying and assessing the extent of activity
among such members that may be seen as `hate group'
activity.'';
(D) by redesignating subsection (f) as subsection (g); and
(E) by inserting after subsection (e) the following new
subsection:
``(f) Publication.--The Secretary of Defense shall--
``(1) publish on an appropriate publicly available website
of the Department of Defense the reports required by
subsection (e); and
``(2) ensure that any data included with each such report
is made available in a machine-readable format that is
downloadable, searchable, and sortable.''.
(2) Civilian employee surveys.--Section 481a of title 10,
United States Code, is amended--
(A) in subsection (b)--
(i) by redesignating paragraph (5) as paragraph (7); and
(ii) by inserting after paragraph (4) the following new
paragraphs:
``(5) Identifying and assessing the extent (if any) of
activity among such employees that may be seen as so-called
`hate group' activity.
``(6) Whether respondents have, in the preceding year--
``(A) experienced or witnessed extremist, racist, anti-
Semitic, or supremacist activity in the workplace; or
``(B) reported such activity.''; and
(B) by adding at the end the following new subsection:
``(e) Publication.--The Secretary of Defense shall--
``(1) publish on an appropriate publicly available website
of the Department of Defense the reports required by
subsection (c); and
``(2) ensure that any data included with each such report
is made available in a machine-readable format that is
downloadable, searchable, and sortable.''.
(3) Prevalence of offenses under the uniform code of
military justice.--Section 481(b) of title 10, United States
Code, as amended by paragraph (1) of this subsection, is
further amended by adding at the end the following new
paragraphs:
``(6) An estimate of the total number of offenses committed
under each punitive article under chapter 47 of this title
(the Uniform Code of Military Justice) over the period
covered by the survey.
``(7) For each category of offense identified under
paragraph (6)--
``(A) an estimate of the racial, ethnic, gender, age, and
rank demographics of principals; and
``(B) an estimate of the racial, ethnic, gender, age, and
rank demographics of victims.''.
(4) Conforming repeal.--Section 593 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1415; 10 U.S.C. 480 note prec.) is repealed.
(5) Effective date.--
(A) The amendments made by paragraphs (1) and (2) shall
take effect on the day after the date of the enactment of
this Act.
(B) The amendments made by paragraph (3) shall take effect
on January 1, 2023.
(b) Annual Reports on Racial and Ethnic Demographics in the
Military Justice System.--
(1) In general.--Chapter 23 of title 10, United States
Code, is amended by inserting after section 485 the following
new section:
``Sec. 486. Annual reports on racial and ethnic demographics
in the military justice system
``(a) In General.--Not later than March 1 of each year, the
Secretary of each military department shall submit to the
Secretary of Defense a report on racial, ethnic, and gender
demographics in the military justice system during the
preceding year. In the case of the Secretary of the Navy,
separate reports shall be prepared for the Navy and for the
Marine Corps. In the case of the Secretary of the Air Force,
separate reports shall be prepared for the Air Force and for
the Space Force.
``(b) Contents.--The report of a Secretary of a military
department for an armed force under subsection (a) shall
contain the following:
``(1) Statistics on offenses under chapter 47 of this title
(the Uniform Code of Military Justice) during the year
covered by the report, including:
[[Page H4646]]
``(A) an estimate based on survey data from the armed
forces Workplace and Diversity, Equity, and Inclusion Surveys
of the number of offenses committed by members of the armed
force, disaggregated by--
``(i) statistical category as related to the victim; and
``(ii) statistical category as related to the principal;
``(B) the number of offenses in the armed force that were
reported to military officials, disaggregated by--
``(i) statistical category as related to the victim; and
``(ii) statistical category as related to the principal;
``(C) the number of offenses in the armed force that were
investigated, disaggregated by statistical category as
related to the principal;
``(D) the number of offenses in which the evidence
supported possible action by the Department, disaggregated by
statistical category as related to the principal;
``(E) the number of offenses in which administrative action
was imposed, disaggregated by statistical category as related
to the principal and each type of administrative action
imposed;
``(F) the number of offenses in which non-judicial
punishment was imposed under section 815 of this title
(article 15 of the Uniform Code of Military Justice),
disaggregated by statistical category as related to the
principal;
``(G) the number of offenses in which charges were
preferred, disaggregated by statistical category as related
to the principal;
``(H) the number of offenses in which charges were referred
to court-martial, disaggregated by statistical category as
related to the principal and type of court-martial;
``(I) the number of offenses which resulted in conviction
at court-martial, disaggregated by statistical category as
related to the principal and type of court-martial; and
``(J) the number of offenses which resulted in acquittal at
court-martial, disaggregated by statistical category as
related to the principal and type of court-martial.
``(2) An analysis of any disparities among race, gender,
and ethnicity in the incidence, reporting, disposition, and
prosecution of offenses by units, commands, and installations
during the year covered by the report, including trends
relating to--
``(A) the prosecution of offenses; and
``(B) the prevalence of offenses, set forth separately
for--
``(i) each installation with 5,000 or more servicemembers;
``(ii) the major career fields of any individuals involved
in such incidents, including the fields of combat arms,
aviation, logistics, maintenance, administration, and
medical;
``(iii) in the case of the Navy, the operational status
(whether sea duty or shore duty) of any individuals involved
in such incidents.
``(3) The policies, procedures, and processes implemented
by the Secretary concerned during the year covered by the
report in response to any race, gender, or ethnicity
disparities involving members of the armed force concerned.
``(c) Definitions.--In this section:
``(1) The term `statistical category' means each of the
following categories:
``(A) race;
``(B) gender;
``(C) ethnicity;
``(D) rank; and
``(E) offense enumerated under chapter 47 of this title
(the Uniform Code of Military Justice).
``(2) The term `principal' has the meaning given that term
in section 877 of this title (article 77 of the Uniform Code
of Military Justice).
``(d) Submission to Congress.--
``(1) In general.--Not later than April 30 of each year in
which the Secretary of Defense receives reports under
subsection (a), the Secretary of Defense shall forward the
reports to the appropriate congressional committees, together
with--
``(A) an assessment of the information submitted to the
Secretary pursuant to subsection (b)(3);
``(B) such other assessments on the reports as the
Assistant Inspector General established under section 554 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283)
considers appropriate; and
``(C) such other assessments on the reports as the
Secretary of Defense considers appropriate.
``(2) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means--
``(A) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the Committee on
Veterans' Affairs of the Senate; and
``(B) the Committee on Armed Services, the Committee on
Transportation and Infrastructure, and the Committee on
Veterans' Affairs of the House of Representatives.
``(e) Publication.--The Secretary of Defense shall--
``(1) publish on an appropriate publicly available website
of the Department of Defense the reports required by
subsections (a) and (d); and
``(2) ensure that any data included with each such report
is made available in a machine-readable format that is
downloadable, searchable, and sortable.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 23 of such title is amended by inserting
after the item relating to section 485 the following new
item:
``486. Annual reports on racial and ethnic demographics in the military
justice system.''.
(c) Annual Reports on Sexual Assaults.--
(1) In general.--Chapter 23 of title 10, United States
Code, as amended by section 3, is further amended by
inserting after section 486 the following new section:
``Sec. 487. Annual reports on sexual assaults
``(a) In General.--Not later than March 1 of each year, the
Secretary of each military department shall submit to the
Secretary of Defense a report on the sexual assaults
involving members of the armed forces under the jurisdiction
of that Secretary during the preceding year. In the case of
the Secretary of the Navy, separate reports shall be prepared
for the Navy and for the Marine Corps. In the case of the
Secretary of the Air Force, separate reports shall be
prepared for the Air Force and for the Space Force.
``(b) Contents.--The report of a Secretary of a military
department for an armed force under subsection (a) shall
contain the following:
``(1) The number of sexual assaults committed against
members of the armed force that were reported to military
officials during the year covered by the report, and the
number of the cases so reported that were substantiated.
``(2) The number of sexual assaults committed by members of
the armed force that were reported to military officials
during the year covered by the report, and the number of the
cases so reported that were substantiated. The information
required by this paragraph may not be combined with the
information required by paragraph (1).
``(3) A synopsis of each such substantiated case, organized
by offense, and, for each such case, the race and ethnicity
of the victim and accused, the action taken in the case,
including the type of disciplinary or administrative sanction
imposed, if any, including courts-martial sentences,
nonjudicial punishments administered by commanding officers
pursuant to section 815 of this title (article 15 of the
Uniform Code of Military Justice), and administrative
separations.
``(4) The policies, procedures, and processes implemented
by the Secretary concerned during the year covered by the
report in response to incidents of sexual assault involving
members of the armed force concerned.
``(5) The number of substantiated sexual assault cases in
which the victim is a deployed member of the armed forces and
the assailant is a foreign national, and the policies,
procedures, and processes implemented by the Secretary
concerned to monitor the investigative processes and
disposition of such cases and any actions taken to eliminate
any gaps in investigating and adjudicating such cases.
``(6) A description of the implementation of the
accessibility plan implemented pursuant to section 596(b) of
the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163; 10 U.S.C. 1561 note), including a
description of the steps taken during that year to ensure
that trained personnel, appropriate supplies, and
transportation resources are accessible to deployed units in
order to provide an appropriate and timely response in any
case of reported sexual assault in a deployed unit, location,
or environment.
``(7) The number of applications submitted under section
673 of title 10, United States Code, during the year covered
by the report for a permanent change of station or unit
transfer for members of the armed forces on active duty who
are the victim of a sexual assault or related offense, the
number of applications denied, and, for each application
denied, a description of the reasons why the application was
denied.
``(8) An analysis and assessment of trends in the
incidence, disposition, and prosecution of sexual assaults by
units, commands, and installations during the year covered by
the report, including trends relating to--
``(A) the prosecution of incidents and avoidance of
incidents; and
``(B) the prevalence of incidents, set forth separately
for--
``(i) each installation with 5,000 or more servicemembers;
``(ii) the major career fields of any individuals involved
in such incidents, including the fields of combat arms,
aviation, logistics, maintenance, administration, and
medical; and
``(iii) in the case of the Navy, the operational status
(whether sea duty or shore duty) of any individuals involved
in such incidents.
``(9) An assessment of the adequacy of sexual assault
prevention and response activities carried out by training
commands during the year covered by the report.
``(10) An analysis of the specific factors that may have
contributed to sexual assault during the year covered by the
report, an assessment of the role of such factors in
contributing to sexual assaults during that year, and
recommendations for mechanisms to eliminate or reduce the
incidence of such factors or their contributions to sexual
assaults.
``(11) An analysis of the disposition of the most serious
offenses occurring during sexual assaults committed by
members of the armed force during the year covered by the
report, as identified in unrestricted reports of sexual
assault by any members of the armed forces, including the
numbers of reports identifying offenses that were disposed of
by each of the following:
``(A) Conviction by court-martial, including a separate
statement of the most serious charge preferred and the most
serious charge for which convicted.
``(B) Acquittal of all charges at court-martial.
``(C) Non-judicial punishment under section 815 of this
title (article 15 of the Uniform Code of Military Justice).
``(D) Administrative action, including by each type of
administrative action imposed.
``(E) Dismissal of all charges, including by reason for
dismissal and by stage of proceedings in which dismissal
occurred.
``(12) Information on each claim of retaliation in
connection with a report of sexual assault in the armed force
made by or against a member of such armed force as follows:
``(A) A narrative description of each complaint.
[[Page H4647]]
``(B) The nature of such complaint, including whether the
complainant claims professional or social retaliation.
``(C) The gender of the complainant.
``(D) The gender of the individual claimed to have
committed the retaliation.
``(E) The nature of the relationship between the
complainant and the individual claimed to have committed the
retaliation.
``(F) The nature of the relationship, if any, between the
individual alleged to have committed the sexual assault
concerned and the individual claimed to have committed the
retaliation.
``(G) The official or office that received the complaint.
``(H) The organization that investigated or is
investigating the complaint.
``(I) The current status of the investigation.
``(J) If the investigation is complete, a description of
the results of the investigation, including whether the
results of the investigation were provided to the
complainant.
``(K) If the investigation determined that retaliation
occurred, whether the retaliation was an offense under
chapter 47 of this title (the Uniform Code of Military
Justice).
``(13) Information and data collected through formal and
informal reports of sexual harassment involving members of
the armed forces during the year covered by the report, as
follows:
``(A) The number of substantiated and unsubstantiated
reports.
``(B) A synopsis of each substantiated report, including
the race and ethnicity of the victim and accused.
``(C) The action taken in the case of each substantiated
report, including the type of disciplinary or administrative
sanction imposed, if any, such as--
``(i) conviction and sentence by court-martial;
``(ii) imposition of non-judicial punishment under section
815 of this title (article 15 of the Uniform Code of Military
Justice); or
``(iii) administrative separation or other type of
administrative action imposed.
``(14) Information and data collected during the year
covered by the report on each reported incident involving the
non-consensual distribution by a person subject to chapter 47
of this title (the Uniform Code of Military Justice), of a
private sexual image of another person, including the
following:
``(A) The number of substantiated and unsubstantiated
reports.
``(B) A synopsis of each substantiated report.
``(C) The action taken in the case of each substantiated
report, including the type of disciplinary or administrative
sanction imposed, if any, such as--
``(i) conviction and sentence by court-martial;
``(ii) imposition of non-judicial punishment under section
815 this title (article 15 of the Uniform Code of Military
Justice); or
``(iii) administrative separation or other type of
administrative action imposed.
``(c) Substantiated Defined.--In this section, the term
`substantiated', when used with respect to the report of an
incident or offense, means that the report meets the
following criteria:
``(1) The victim made an unrestricted report of such
incident or offense.
``(2) The report was investigated by the Federal Government
or a State, local, or Tribal law enforcement organization.
``(3) The report was provided to the appropriate military
command for consideration of action and was found to have
sufficient evidence to support the command's action against
the subject.
``(d) Submission to Congress.--
``(1) In general.--Not later than April 30 of each year in
which the Secretary of Defense receives reports under
subsection (a), the Secretary of Defense shall forward the
reports to the appropriate congressional committees, together
with--
``(A) the results of assessments conducted under the
evaluation plan required by section 1602(c) of the Ike
Skelton National Defense Authorization Act for Fiscal Year
2011 (Public Law 111-383; 10 U.S.C. 1561 note);
``(B) an assessment of the information submitted to the
Secretary pursuant to subsection (b)(11); and
``(C) such other assessments on the reports as the
Secretary of Defense considers appropriate.
``(2) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means--
``(A) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the Committee on
Veterans' Affairs of the Senate; and
``(B) the Committee on Armed Services, the Committee on
Transportation and Infrastructure, and the Committee on
Veterans' Affairs of the House of Representatives.
``(e) Publication.--The Secretary of Defense shall--
``(1) publish on an appropriate publicly available website
of the Department of Defense the reports required by
subsections (a) and (d); and
``(2) ensure that any data included with each such report
is made available in a machine-readable format that is
downloadable, searchable, and sortable.
``(f) Additional Details for Case Synopses Portion of
Report.--The Secretary of each military department shall
include in the case synopses portion of each report, as
described in subsection (b)(3), the following additional
information:
``(1) If charges are dismissed following an investigation
conducted under section 832 of this title (article 32 of the
Uniform Code of Military Justice), the case synopsis shall
include the reason for the dismissal of the charges.
``(2) If the case synopsis states that a member of the
armed forces accused of committing a sexual assault was
administratively separated or, in the case of an officer,
allowed to resign in lieu of facing a court-martial, the case
synopsis shall include the characterization (honorable,
general, or other than honorable) given the service of the
member upon separation.
``(3) The case synopsis shall indicate whether a member of
the armed forces accused of committing a sexual assault was
ever previously accused of a substantiated sexual assault or
was admitted to the armed forces under a moral waiver granted
with respect to prior sexual misconduct.
``(4) The case synopsis shall indicate the branch of the
armed forces of each member accused of committing a sexual
assault and the branch of the armed forces of each member who
is a victim of a sexual assault.
``(5) If the case disposition includes non-judicial
punishment, the case synopsis shall explicitly state the
nature of the punishment.
``(6) The case synopsis shall indicate whether alcohol was
involved in any way in a substantiated sexual assault
incident.
``(g) Coordination of Release Date Between Annual Reports
Regarding Sexual Assaults and Family Advocacy Report.--The
Secretary of Defense shall ensure that the reports required
under subsection (a) for a given year are delivered to the
Committees on Armed Services of the Senate and House of
Representatives simultaneously with the Family Advocacy
Program report for that year regarding child abuse and
domestic violence, as required by section 574 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2141).
``(h) Inclusion of Information in Regarding Sexual Assaults
Committed Against a Member's Spouse or Other Family Member.--
The Secretary of Defense shall include, in each report under
this section, information regarding a sexual assault
committed by a member of the armed forces against the spouse
or intimate partner of the member or another dependent of the
member in addition to the annual Family Advocacy Program
report as required by section 574 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2141). The information may be included as an annex
to such reports.''.
(2) Conforming repeals.--
(A) Section 1631 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
10 U.S.C. 1561 note) is repealed.
(B) Section 538 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 1561 note)
is repealed.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 23 of such title, as amended by this
subsection, is further amended by inserting after the item
relating to section 486 the following new item:
``487. Annual reports on sexual assaults.''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsections (b) and (c) shall take effect
on the day after the date of the enactment of this Act.
(2) Exceptions.--
(A) Separate space force reports.--The requirement for the
Secretary of the Air Force to submit separate reports for the
Space Force under sections 486 and 487 of title 10, United
States Code (as added by subsections (b) and (c) of this
section) shall take effect on October 1, 2023 and shall apply
with respect to reports required to be submitted under such
sections after such date.
(B) Certain statistical information.--The requirement to
include the information described in subparagraphs (A) and
(B) of section 486(b)(1) of title 10, United States Code, in
the annual reports under such section shall apply with
respect to reports required to be submitted after January 1,
2023.
SEC. 573. AMENDMENTS TO ADDITIONAL DEPUTY INSPECTOR GENERAL
OF THE DEPARTMENT OF DEFENSE.
Section 554(a) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) in the section heading, by striking ``deputy'' and
inserting ``assistant'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``Secretary of Defense'' and inserting
``Inspector General of the Department of Defense''; and
(ii) by striking ``Deputy'' and inserting ``Assistant'';
(B) in subparagraph (A), by striking ``of the Department'';
and
(C) in subparagraph (B), by striking ``report directly to
and serve'' and inserting ``be'';
(3) in paragraph (2)--
(A) in the matter preceding clause (i) of subparagraph
(A)--
(i) by striking ``Conducting and supervising'' and
inserting ``Developing and carrying out a plan for the
conduct of comprehensive oversight, including through the
conduct and supervision of''; and
(ii) by striking ``evaluations'' and inserting
``inspections,'';
(B) in clause (ii) of subparagraph (A), by striking ``,
including the duties of the Inspector General under
subsection (b)''; and
(C) in subparagraph (B), by striking ``Secretary or'';
(4) in paragraph (3)(A) in the matter preceding
subparagraph (A), by striking ``Deputy'' and inserting
``Assistant'';
(5) in paragraph (4)--
(A) in subparagraph (A), by striking ``Deputy'' each place
it appears and inserting ``Assistant'';
(B) in subparagraph (B)--
(i) by striking ``Deputy'' the first place it appears;
[[Page H4648]]
(ii) by striking ``and the Inspector General'';
(iii) by striking ``Deputy'' the second place it appears
and inserting ``Assistant''; and
(iv) by inserting before the period at the end the
following: ``, for inclusion in the next semiannual report of
the Inspector General under section 5 of the Inspector
General Act of 1978 (5 U.S.C. App.).'';
(C) in subparagraph (C)--
(i) by striking ``Deputy''; and
(ii) by striking ``and Inspector General'';
(D) in subparagraph (D)--
(i) by striking ``Deputy'';
(ii) by striking ``and the Inspector General'';
(iii) by striking ``Secretary or''; and
(iv) by striking ``direct'' and inserting ``determine'';
and
(E) in subparagraph (E)--
(i) by striking ``Deputy'' ; and
(ii) by striking ``of the Department'' and all that follows
through ``Representatives'' and inserting ``consistent with
the requirements of the Inspector General Act of 1978 (5
U.S.C. App.).''.
SEC. 574. EXTENSION OF DEADLINE FOR GAO REPORT ON EQUAL
OPPORTUNITY AT THE MILITARY SERVICE ACADEMIES.
Section 558 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended, in the matter preceding paragraph (1),
by striking ``one year after the date of the enactment of
this Act'' and inserting ``May 31, 2022''.
SEC. 575. GAO REVIEW OF EXTREMIST AFFILIATIONS AND ACTIVITY
AMONG MEMBERS OF THE ARMED FORCES ON ACTIVE
DUTY.
(a) Review.--The Comptroller General of the United States
shall perform a review to determine the prevalence of
extremist affiliations and activity among members of the
Armed Forces on active duty. The review shall include the
following elements:
(1) Sources of information used by the Secretary of Defense
and Secretaries of the military departments to determine
extremist affiliations and activity, including the extent to
which--
(A) the Armed Forces have established methods for anonymous
reporting of suspected extremist affiliations and activity;
(B) the Armed Forces have established guidelines to help
ensure that commanders properly investigate such reports;
(C) reports of violence by members of the Armed Forces have
been investigated for relation to extremist affiliations and
activity;
(D) members of the Armed Forces have been discharged or
disciplinary actions because of extremist affiliations or
activity; and
(E) the Department of Defense tracking cases described in
subparagraph (D).
(2) The extent to which the Secretary of Defense and
Secretaries of the military departments use information
described in paragraph (1) in vetting members, including the
extent to which--
(A) recruiters have identified individuals with suspected
extremist affiliations;
(B) such individuals have received waivers; and
(C) command climate surveys indicate a culture in the Armed
Forces that supports extremist affiliations and activity.
(3) The extent to which the Secretary of Defense and
Secretaries of the military departments use information
described in paragraph (1) in vetting members.
(4) Procedures of the Department of Defense and the Armed
Forces for identifying, responding to, and tracking reported
instances of extremist affiliations and activity.
(5) Efforts of the Secretary of Defense and Secretaries of
the military departments to train personnel to identify and
report members or recruits suspected of extremist
affiliations or activity, including the extent to which--
(A) commanders and recruiters trained to identify potential
indicators of extremist affiliations (including tattoos); and
(B) members are trained to identify and report indicators
of extremist affiliations and activity in the Armed Forces or
Department of Defense.
(6) Any other matter that the Comptroller General
determines relevant.
(b) Report.--Not later than March 31, 2022, the Comptroller
General shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report
containing the results of the review under this section.
Subtitle I--Decorations and Awards
SEC. 581. SEMIANNUAL REPORTS REGARDING REVIEW OF SERVICE
RECORDS OF CERTAIN VETERANS.
(a) In General.-- Section 586 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
10 U.S.C. 7271 note) is amended--
(1) by redesignating subsection (h) as subsection (i);
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Semiannual Reports.--
``(1) Reports required.--Not later than January 31 and July
31 each year, each Secretary of a military department shall
submit to the appropriate committees of Congress a report
regarding the review of service records under the
jurisdiction of that Secretary pursuant to subsection (a).
``(2) Elements.--Each report under this subsection shall
include the following:
``(A) The number of service records identified for review.
``(B) The number of service records reviewed during the
preceding two calendar quarters.
``(C) The number of service records reviewed to date.
``(D) The number of full-time equivalent employees
conducting reviews under subsection (a).
``(E) The number of work hours employees described in
subparagraph (D) spent reviewing service records during the
preceding two calendar quarters.
``(F) The number of work hours employees described in
subparagraph (D) have spent reviewing service records to
date.
``(G) A summary of any consultation with or information
provided by a veterans service organization under subsection
(c) during the preceding two calendar quarters.
``(H) A summary of any consultation with or information
provided by a veterans service organization under subsection
(c) to date.
``(3) Termination.--The reporting requirement under this
subsection shall terminate for the Secretary of a military
department after that Secretary certifies in writing to the
appropriate committees of Congress that the Secretary has--
``(A) completed the review of the service record of each
covered veteran under the jurisdiction of that Secretary; and
``(B) submitted every recommendation under subsection (d)
and every notification under subsection (f) that the
Secretary intends to submit.''; and
(3) in subsection (i), as redesignated--
(A) in the heading, by striking ``Definition'' and
inserting ``Definitions'';
(B) by striking all that follows ``section'' and inserting
a colon; and
(C) by adding at the end the following:
``(1) The term `Native American Pacific Islander' means a
Native Hawaiian or Native American Pacific Islander, as those
terms are defined in section 815 of the Native American
Programs Act of 1974 (42 U.S.C. 2992c).
``(2) The term `appropriate committees of Congress' means--
``(A) The Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
``(B) The Committees on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.''.
(b) Deadline.--The first report under subsection (h) of
such section 586, as inserted by subsection (a), shall be due
not later than July 31, 2022.
SEC. 582. ELIGIBILITY OF VETERANS OF OPERATION END SWEEP FOR
VIETNAM SERVICE MEDAL.
The Secretary of the military department concerned may,
upon the application of an individual who is a veteran who
participated in Operation End Sweep, award that individual
the Vietnam Service Medal.
SEC. 583. ESTABLISHMENT OF THE ATOMIC VETERANS SERVICE MEDAL.
(a) Service Medal Required.--The Secretary of Defense shall
design and produce a commemorative military service medal, to
be known as the ``Atomic Veterans Service Medal'', to honor
retired and former members of the Armed Forces who are
radiation-exposed veterans (as such term is defined in
section 1112(c)(3) of title 38, United States Code).
(b) Distribution of Medal.--
(1) Issuance to retired and former members.--At the request
of a radiation-exposed veteran, the Secretary of Defense
shall issue the Atomic Veterans Service Medal to the veteran.
(2) Issuance to next-of-kin.--In the case of a radiation-
exposed veteran who is deceased, the Secretary may provide
for issuance of the Atomic Veterans Service Medal to the
next-of-kin of the person.
(3) Application.--The Secretary shall prepare and
disseminate as appropriate an application by which radiation-
exposed veterans and their next-of-kin may apply to receive
the Atomic Veterans Service Medal.
SEC. 584. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO
MARCELINO SERNA FOR ACTS OF VALOR DURING WORLD
WAR I.
(a) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President may posthumously award the Medal of Honor under
section 7272 of such title to Marcelino Serna for the acts of
valor described in the subsection (b).
(b) Acts of Valor Described.--The acts of valor described
in this subsection are the actions of Marcelino Serna as a
private in the Army during World War I, for which he was
previously awarded the Distinguished-Service Cross.
Subtitle J--Miscellaneous Reports and Other Matters
SEC. 591. COMMAND CLIMATE ASSESSMENTS: INDEPENDENT REVIEW;
REPORTS.
Section 587 of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 1561 note) is
amended by adding at the end the following:
``(d) Independent Review.--During fiscal year 2022 and
annually thereafter, the Secretary of a military department
shall establish an independent command climate review board
(in this section referred to as an `ICCRB') for each Armed
Force under the jurisdiction of such Secretary.
``(1) Duties.--An ICCRB shall review the command climate,
at each of no fewer than three military installations of the
Armed Force concerned, regarding the following matters:
``(A) Command climate survey results.
``(B) Crime and other public safety issues.
``(C) Prevention of, and responses to, crime at the
military installation.
``(D) Prevention of, and responses to, sexual assault and
sexual harassment at the military installation.
``(E) Discrimination and equal opportunity at the military
installation.
``(F) Suicides and other deaths of members serving at the
military installation.
``(G) Any other matter determined appropriate by the
Secretary of the military department concerned or the ICCRB.
[[Page H4649]]
``(2) Methods.--An ICCRB shall conduct such review by means
including--
``(A) an anonymous survey;
``(B) focus groups; and
``(C) individual interviews.
``(3) Membership.--An ICCRB shall be composed of no fewer
than six individuals--
``(A) appointed by the Secretary of the military department
concerned;
``(B) with expertise determined to be relevant by such
Secretary; and
``(C) none of whom may be a member of an Armed Force or
civilian employee of the Department of Defense.
``(4) Selection of military installations.--The Secretary
of the military department concerned shall select, for review
by an ICCRB, military installations that have--
``(A) lower-than-average results on command climate
surveys;
``(B) higher-than-average crime rates;
``(C) higher-than-average incidence of suicide;
``(D) higher-than-average incidence of sexual assault and
sexual harassment; and
``(E) higher-than-average number of equal opportunity
complaints.
``(5) Coordination.--The Secretary of Defense shall direct
the Offices of People Analytics, and of Force Resiliency, of
the Department of Defense, to coordinate with an ICCRB.
``(6) Reports.--
``(A) Not later than September 30, 2022, and annually
thereafter, an ICCRB shall submit to the Secretary of the
military department concerned a report containing the results
of the most recent review conducted by the ICCRB and
recommendations of the ICCRB to improve the climate command
at the military installations reviewed.
``(B) Not later than November 30, 2022, and annually
thereafter, an ICCRB shall submit to the Committees on Armed
Services of the Senate and House of Representatives the
report under subparagraph (A).
``(e) Reports.--Not later than April 30, 2023, and annually
thereafter--
``(1) the Secretary of a military department shall submit
to the Secretary of Defense a report containing, with respect
to the most recent climate command assessment for each Armed
Force under the jurisdiction of such Secretary of a military
department--
``(A) an analysis of responses, disaggregated by, with
respect to respondents--
``(i) military installation;
``(ii) unit;
``(iii) major organization (at the brigade or equivalent
level);
``(iv) major career fields (including combat arms,
aviation, logistics, and medical);
``(v) ranks, grouped into junior, mid-grade, and senior--
``(I) enlisted; and
``(II) officers (including warrant officers);
``(vi) in the case of the Navy, sea duty and shore duty;
``(vii) gender;
``(viii) race; and
``(ix) ethnicity; and
``(B) actions taken and planned by the Secretary of a
military department to improve negative responses and promote
a positive command climate; and
``(2) the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing, with respect to the most
recent climate command assessment for each Armed Force--
``(A) a summary of responses, disaggregated by, with
respect to respondents--
``(i) Armed Force;
``(ii) military installation at which more than 5,000
members serve;
``(iii) major organization (at the brigade or equivalent
level);
``(iv) major career fields (including combat arms,
aviation, logistics, and medical);
``(v) ranks, grouped into junior, mid-grade, and senior--
``(I) enlisted; and
``(II) officers (including warrant officers);
``(vi) in the case of the Navy, sea duty and shore duty;
``(vii) gender;
``(viii) race; and
``(ix) ethnicity; and
``(B) actions taken and planned by the Secretary of Defense
to improve negative responses and promote a positive command
climate.''.
SEC. 592. HEALTHY EATING IN THE DEPARTMENT OF DEFENSE.
(a) Authorization of Element of the Department of Defense;
Plan.--
(1) Establishment.--The Secretary of Defense may establish
an element of the Department of Defense responsible for
implementing a plan to improve access to healthy food on
military installations. If established, such element shall--
(A) be modelled on the Healthy Base Initiative of the
Department; and
(B) include personnel with--
(i) expertise in food service operations;
(ii) up-to-date knowledge of modern healthy food delivery
systems; and
(iii) deep understanding of food service in the Department.
(2) Plan.--If implemented, the plan under paragraph (1)
shall include--
(A) leading practices from campus dining services at
institutions of higher learning and private entities; and
(B) lessons learned from previous efforts of the Secretary
to make such improvements.
(b) Pilot Program.--
(1) Establishment.--The Secretary may carry out a pilot
program to develop and test appropriate business models that
increase the availability, affordability, and acceptability
of healthy foods in dining facilities of the Department.
(2) Locations.--For each Armed Force under the jurisdiction
of the Secretary of a military department, the Secretary may
establish a pilot program location at a military
installation, located within the United States, of--
(A) the regular component of such Armed Force; and
(B) a reserve component of such Armed Force.
(3) Meal card.--A pilot program under this subsection shall
include--
(A) expansion of the use of meal cards by members outside
of the primary dining facility at the military installation
concerned; and
(B) providing access to all personnel of such installation
access to all dining venues at such installation.
(4) Partnerships.--The commander of each a military
installation described in paragraph (2) may enter into an
agreement with a local entity for the purposes of the pilot.
SEC. 593. PLANT-BASED PROTEIN PILOT PROGRAM OF THE NAVY.
(a) Establishment.--Not later than March 1, 2022, the
Secretary of the Navy shall establish a pilot program to
offer plant-based protein options at forward operating bases
for consumption by members of the Navy.
(b) Locations.--Not later than March 1, 2022, the Secretary
shall identify not fewer than two naval facilities to
participate in the pilot program and shall prioritize
facilities (such as Joint Region Marianas, Guam, Navy Support
Facility, Diego Garcia, and U.S. Fleet Activities Sasebo,
Japan) where livestock-based protein options may be costly to
obtain or store.
(c) Rule of Construction.--Nothing in this Act shall be
construed to prevent offering livestock-based protein options
alongside plant-based protein options at naval facilities
identified under subsection (b).
(d) Termination.--The requirement to carry out the pilot
program established under this section shall terminate three
years after the date on which the Secretary establishes the
pilot program required under this section.
(e) Report.--Not later than one year after the termination
of the pilot program, the Secretary shall submit to the
appropriate congressional committees a report on the pilot
program that includes the following:
(1) The consumption rate of plant-based protein options by
members of the Navy under the pilot program.
(2) Effective criteria to increase plant-based protein
options at naval facilities not identified under subsection
(b).
(3) An analysis of the costs of obtaining and storing
plant-based protein options compared to the costs of
obtaining and storing livestock-based protein options at
selected naval facilities.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Armed Forces of the Senate.
(2) Plant-based protein options.--The term ``plant-based
protein options'' means edible products made to approximate
the taste and texture of livestock-based protein, or vegan or
vegetarian meat alternative products made using plant and
other non-livestock-based proteins that are consistent with
the nutritional properties of meat products.
SEC. 594. REPORTS ON MISCONDUCT BY MEMBERS OF SPECIAL
OPERATIONS FORCES.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, and every six months
thereafter for five years, the Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report regarding misconduct by
members of special operations forces during the six months
preceding the date of such report.
(b) Special Operations Forces Defined.--In this section,
the term ``special operations forces'' means forces described
in section 167(j) of title 10, United States Code.
SEC. 595. UPDATES AND PRESERVATION OF MEMORIALS TO CHAPLAINS
AT ARLINGTON NATIONAL CEMETERY.
(a) Updates and Preservation of Memorials.--
(1) Protestant chaplains memorial.--The Secretary of the
Army may permit NCMAF--
(A) to modify the memorial to Protestant chaplains located
on Chaplains Hill to include a granite, marble, or other
stone base for the bronze plaque of the memorial;
(B) to add an additional plaque to the stone base added
pursuant to subparagraph (A) to include the name of each
chaplain, verified as described in subsection (b), who died
while serving on active duty in the Armed Forces after the
date on which the original memorial was placed; and
(C) to make such other updates and corrections to the
memorial that may be needed as determined by the Secretary.
(2) Catholic and jewish chaplain memorials.--The Secretary
of the Army may permit NCMAF to update and make corrections
to the Catholic and Jewish chaplain memorials located on
Chaplains Hill that may be needed as determined by the
Secretary.
(3) No cost to federal government.--The activities of NCMAF
authorized by this subsection shall be carried out at no cost
to the Federal Government.
(b) Verification of Names.--NCMAF may not include the name
of a chaplain on a memorial on Chaplains Hill under
subsection (a) unless that name has been verified by the
Chief of Chaplains of the Army, Navy, or Air Force or the
Chaplain of the United States Marine Corps, depending on the
branch of the Armed Forces in which the chaplain served.
(c) Prohibition on Expansion of Memorials.--Except as
provided in subsection
[[Page H4650]]
(a)(1)(A), this section may not be construed as authorizing
the expansion of any memorial that is located on Chaplains
Hill as of the date of the enactment of this Act.
(d) Definitions.--In this section:
(1) The term ``Chaplains Hill'' means the area in Arlington
National Cemetery that, as of the date of the enactment of
this Act, is generally identified and recognized as Chaplains
Hill.
(2) The term ``NCMAF'' means the National Conference on
Ministry to the Armed Forces or any successor organization
recognized in law for purposes of the operation of this
section.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. BASIC NEEDS ALLOWANCE FOR LOW-INCOME REGULAR
MEMBERS.
(a) In General.--Chapter 7 of title 37, United States Code,
is amended by inserting after section 402a the following new
section:
``Sec. 402b. Basic needs allowance for low-income regular
members
``(a) Allowance Required.--(1) Subject to paragraph (2),
the Secretary of Defense shall pay to each covered member a
basic needs allowance in the amount determined for such
member under subsection (b).
``(2) In the event a household contains two or more covered
members entitled to receive the allowance under this section
in a given year, only one allowance may be paid for that year
to a covered member among such covered members whom such
covered members shall jointly elect.
``(b) Amount of Allowance for a Covered Member.--(1) The
amount of the monthly allowance payable to a covered member
under subsection (a) for a year shall be the aggregate amount
equal to--
``(A) the aggregate amount equal to--
``(i) 130 percent of the Federal poverty guidelines of the
Department of Health and Human Services for the location and
number of persons in the household of the covered member for
such year; minus
``(ii) the gross household income of the covered member
during the preceding year; and
``(B) divided by 12.
``(2) The monthly allowance payable to a covered member for
a year shall be payable for each of the 12 months following
March of such year.
``(c) Notice of Eligibility.--(1)(A) Not later than
December 31 each year, the Director of the Defense Finance
and Accounting Service shall notify, in writing, each
individual whom the Director estimates will be a covered
member during the following year of the potential entitlement
of that individual to the allowance described in subsection
(a) for that following year.
``(B) The preliminary notice under subparagraph (A) shall
include information regarding financial management and
assistance programs administered by the Secretary of Defense
for which a covered member is eligible.
``(2) Not later than January 31 each year, each individual
who seeks to receive the allowance for such year (whether or
not subject to a notice for such year under paragraph (1))
shall submit to the Director such information as the Director
shall require for purposes of this section in order to
determine whether or not such individual is a covered member
for such year.
``(3) Not later than February 28 each year, the Director
shall notify, in writing, each individual the Director
determines to be a covered member for such year.
``(d) Election Not To Receive Allowance.--(1) A covered
member otherwise entitled to receive the allowance under
subsection (a) for a year may elect, in writing, not to
receive the allowance for such year. Any election under this
subsection shall be effective only for the year for which
made. Any election for a year under this subsection is
irrevocable.
``(2) A covered member who does not submit information
described in subsection (d)(2) for a year as otherwise
required by that subsection shall be deemed to have elected
not to receive the allowance for such year.
``(e) Definitions.--In this section:
``(1) The term `covered member' means a regular member of
an armed force under the jurisdiction of the Secretary of a
military department--
``(A) who has completed initial entry training;
``(B) whose gross household income during the most recent
year did not exceed an amount equal to 130 percent of the
Federal poverty guidelines of the Department of Health and
Human Services for the location and number of persons in the
household of the covered member for such year; and
``(C) who does not elect under subsection (d) not to
receive the allowance for such year.
``(2) The term `gross household income' of a covered member
for a year for purposes of paragraph (1)(B) does not include
any basic allowance for housing received by the covered
member (and any dependents of the covered member in the
household of the covered member) during such year under
section 403 of this title.
``(f) Regulations.--The Secretary of Defense shall
prescribe regulations for the administration of this section.
Subject to subsection (e)(2), such regulations shall specify
the income to be included in, and excluded from, the gross
household income of individuals for purposes of this
section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by inserting
after the item relating to section 402a the following new
item:
``402b. Basic needs allowance for low-income regular members.''.
SEC. 602. EQUAL INCENTIVE PAY FOR MEMBERS OF THE RESERVE
COMPONENTS OF THE ARMED FORCES.
(a) In General.--Subchapter II of chapter 5 of title 37,
United States Code, is amended by adding at the end the
following new section:
``Sec. 357. Incentive pay authorities for members of the
reserve components of the armed forces
``Notwithstanding section 1004 of this title, the Secretary
concerned shall pay a member of the reserve component of an
armed force incentive pay in the same monthly amount as that
paid to a member in the regular component of such armed force
performing comparable work requiring comparable skills.''.
(b) Technical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 356 the following:
``357. Incentive pay authorities for members of the reserve components
of the armed forces.''.
(c) Report.--Not later than September 30, 2022, the
Secretary of Defense shall submit to the Committees on Armed
Services a report regarding the plan of the Secretary to
implement section 357 of such title, as added by subsection
(a), an estimate of the costs of such implementation, and the
number of members described in such section.
SEC. 603. EXPANSIONS OF CERTAIN TRAVEL AND TRANSPORTATION
AUTHORITIES.
(a) Lodging in Kind for Reserve Component Members
Performing Training.--
(1) In general.--Section 12604 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(c) Lodging in Kind.--(1) In the case of a member of a
reserve component performing active duty for training or
inactive-duty training who is not otherwise entitled to
travel and transportation allowances in connection with such
duty, the Secretary concerned may reimburse the member for
housing service charge expenses incurred by the member in
occupying transient government housing during the performance
of such duty. If transient government housing is unavailable
or inadequate, the Secretary concerned may provide the member
with lodging in kind.
``(2) Any payment or other benefit under this subsection
shall be provided in accordance with regulations prescribed
by the Secretary concerned.
``(3) The Secretary may pay service charge expenses under
paragraph (1) and expenses of providing lodging in kind under
such paragraph out of funds appropriated for operation and
maintenance for the reserve component concerned. Use of a
Government charge card is authorized for payment of these
expenses.
``(4) Decisions regarding the availability or adequacy of
government housing at a military installation under paragraph
(1) shall be made by the installation commander.''.
(2) Conforming amendment.--Section 474 of title 37, United
States Code, is amended by striking subsection (i).
(b) Mandatory Pet Quarantine Fees for Household Pets.--
Section 451(b)(8) of title 37, United States Code, is amended
by adding at the end the following: ``Such costs include pet
quarantine expenses.''.
(c) Student Dependent Transportation.--
(1) In general.--Section 452(b) of title 37, United States
Code, is amended by adding at the end the following new
paragraphs:
``(18) Travel by a dependent child to the United States to
obtain formal secondary, undergraduate, graduate, or
vocational education, if the permanent duty assignment
location of the member of the uniformed services is outside
the continental United States (other than in Alaska or
Hawaii).
``(19) Travel by a dependent child within the United States
to obtain formal secondary, undergraduate, graduate, or
vocational education, if the permanent duty assignment
location of the member of the uniformed services is in Alaska
or Hawaii and the school is located in a State outside of the
permanent duty assignment location.''.
(2) Definitions.--Section 451 of title 37, United States
Code, as amended by subsection (b) of this section, is
amended--
(A) in subsection (a)(2)(H), by adding at the end the
following new clauses:
``(vii) Transportation of a dependent child of a member of
the uniformed services to the United States to obtain formal
secondary, undergraduate, graduate, or vocational education,
if the permanent duty assignment location of the member is
outside the continental United States (other than in Alaska
or Hawaii).
``(viii) Transportation of a dependent child of a member of
the uniformed services within the United States to obtain
formal secondary, undergraduate, graduate, or vocational
education, if the permanent duty assignment location of the
member is in Alaska or Hawaii and the school is located in a
State outside of the permanent duty assignment location.'';
and
(B) in subsection (b), by adding at the end the following
new paragraph:
``(10)(A) The term `permanent duty assignment location'
means--
``(i) the official station of a member of the uniformed
services; or
``(ii) the residence of a dependent of a member of the
uniformed services.
``(B) As used in subparagraph (A)(ii), the residence of a
dependent who is a student not living with the member while
at school is the permanent duty assignment location of the
dependent student.''.
(d) Dependent Transportation Incident to Ship Construction,
Inactivation, and Overhauling.--
(1) In general.--Section 452 of title 37, United States
Code, as amended by subsection (c) of this section, is
further amended--
(A) in subsection (b), by adding at the end the following
new paragraph:
``(20) Subject to subsection (i), travel by a dependent to
a location where a member of the uniformed services is on
permanent duty aboard
[[Page H4651]]
a ship that is overhauling, inactivating, or under
construction.''; and
(B) by adding at the end the following new subsection:
``(i) Dependent Transportation Incident to Ship
Construction, Inactivation, and Overhauling.--The authority
under subsection (a) for travel in connection with
circumstances described in subsection (b)(19) shall be
subject to the following terms and conditions:
``(1) The Service member must be permanently assigned to
the ship for 31 or more consecutive days to be eligible for
allowances, and the transportation allowances accrue on the
31st day and every 60 days thereafter.
``(2) Transportation in kind, reimbursement for personally
procured transportation, or a monetary allowance for mileage
in place of the cost of transportation may be provided, in
lieu of the member's entitlement to transportation, for the
member's dependents from the location that was the home port
of the ship before commencement of overhaul or inactivation
to the port of overhaul or inactivation.
``(3) The total reimbursement for transportation for the
member's dependents may not exceed the cost of one
Government-procured commercial round-trip travel.''.
(2) Definitions.--Section 451(a)(2)(H) of title 37, United
States Code, as amended by subsection (c) of this section, is
further amended by adding at the end the following new
clause:
``(ix) Transportation of a dependent to a location where a
member of the uniformed services is on permanent duty aboard
a ship that is overhauling, inactivating, or under
construction.''.
SEC. 604. UNREIMBURSED MOVING EXPENSES FOR MEMBERS OF THE
ARMED FORCES: REPORT; POLICY.
(a) Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on unreimbursed moving expenses
incurred by members of the Armed Forces and their families,
disaggregated by Armed Force, rank, and military housing
area. In such report, the Secretary shall examine the root
causes of such unreimbursed expenses.
(b) Policy.--The Secretary shall establish a uniform policy
regarding unreimbursed expenses described in subsection (a).
SEC. 605. REPORT ON RELATIONSHIP BETWEEN BASIC ALLOWANCE FOR
HOUSING AND SIZES OF MILITARY FAMILIES.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on whether the basic allowance for
housing under section 403 of title 37, United States Code, is
sufficient for the average family size of members of the
Armed Forces, disaggregated by Armed Force, rank, and
military housing area.
SEC. 606. REPORT ON TEMPORARY LODGING EXPENSES IN COMPETITIVE
HOUSING MARKETS.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the appropriateness of the
maximum payment period of 10 days under subsection (c) of
section 474a of title 37, United States Code in highly
competitive housing markets. Such report shall include how
the Secretary educates members of the Armed Forces and their
families about their ability to request payment under such
section.
SEC. 607. REPORT ON RENTAL PARTNERSHIP PROGRAMS.
(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate congressional committees a
report on the rental partnership programs of the Armed
Forces. Such report shall include--
(1) the numbers and percentages of members of the Armed
Forces who do not live in housing located on military
installations who participate in such programs; and
(2) the recommendation of the Secretary whether Congress
should establish annual funding for such programs and, if so,
what in amounts.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The Committee on Armed Services of the House of
Representatives.
(2) The Committee on Armed Services of the Senate.
(3) The Committee on Transportation and Infrastructure of
the House of Representatives.
(4) The Committee on Commerce, Science, and Transportation
of the Senate.
Subtitle B--Bonuses and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND
SPECIAL PAY AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--Section 910(g)
of title 37, United States Code, relating to income
replacement payments for reserve component members
experiencing extended and frequent mobilization for active
duty service, is amended by striking ``December 31, 2021''
and inserting ``December 31, 2022''.
(b) Title 10 Authorities Relating to Health Care
Professionals.--The following sections of title 10, United
States Code, are amended by striking ``December 31, 2021''
and inserting ``December 31, 2022'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section
333(i) of title 37, United States Code, is amended by
striking ``December 31, 2021'' and inserting ``December 31,
2022''.
(d) Authorities Relating to Title 37 Consolidated Special
Pay, Incentive Pay, and Bonus Authorities.--The following
sections of title 37, United States Code, are amended by
striking ``December 31, 2021'' and inserting ``December 31,
2022'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for
cadets and midshipmen enrolled in the Senior Reserve
Officers' Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
(e) Authority to Provide Temporary Increase in Rates of
Basic Allowance for Housing.--Section 403(b)(7)(E) of title
37, United States Code, is amended by striking ``December 31,
2021'' and inserting ``December 31, 2022''.
Subtitle C--Family and Survivor Benefits
SEC. 621. EXPANSION OF PARENTAL LEAVE FOR MEMBERS OF THE
ARMED FORCES.
(a) Expansion.--Section 701 of title 10, United States
Code, is amended--
(1) in subsection (i)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``twelve weeks'' and
inserting ``18 weeks'';
(ii) in subparagraph (B), by striking ``six weeks'' and
inserting ``12 weeks''; and
(iii) by adding at the end the following new subparagraph:
``(C) Under the regulations prescribed for purposes of this
subsection, a member of the armed forces described in
paragraph (2) who is the primary caregiver in the case of a
long-term placement of a foster child is allowed up to 12
weeks of total leave to be used in connection with such
placement, subject to limits as determined by the Secretary
regarding--
``(i) the total number of times that a member of the armed
forces may use leave under this section with respect to the
placement of a foster child; and
``(ii) the frequency with which a member of the armed
forces may use leave under this section with respect to the
placement of a foster child.'';
(B) in paragraph (5), by striking ``birth or adoption'' and
inserting ``birth, adoption, or foster child placement''; and
(C) in paragraph (6)(A), by striking ``birth or adoption''
and inserting ``birth, adoption, or foster child placement'';
(2) in subsection (j)--
(A) in paragraph (1), by striking ``21 days'' and inserting
``12 weeks'';
(B) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(C) by inserting, after paragraph (1), the following new
paragraph (2):
``(2) Under the regulations prescribed for purposes of this
subsection, a member of the armed forces described in
subsection (i)(2) who is the secondary caregiver in the case
of a long-term placement of a foster child is allowed up to
12 weeks of total leave to be used in connection with such
placement, subject to limits as determined by the Secretary
regarding--
``(A) the total number of times that a member of the armed
forces may use leave under this section with respect to the
placement of a foster child; and
``(B) the frequency with which a member of the armed forces
may use leave under this section with respect to the
placement of a foster child.'';
(D) in paragraph (4), as redesignated, by striking ``only
in one increment in connection with such birth or adoption''
and inserting ``in more than one increment in connection with
such birth, adoption, or foster child placement in accordance
with regulations prescribed by the Secretary of Defense'';
and
(E) by adding at the end the following new paragraph (6):
``(6) Under regulations prescribed for purposes of this
subsection, the Secretary shall provide a member of the armed
forces described in subsection (i)(2), who would have been a
secondary caregiver but for a miscarriage, stillbirth, or
infant death, with leave--
``(A) in addition to leave under subsection (a); and
``(B) not to exceed the amount of leave under paragraph
(1).'';
(3) in subsection (l), by inserting ``ordered to temporary
duty overnight travel, or ordered to participate in
physically demanding field training exercises,'' before
``during''; and
(4) by adding at the end the following new subsection (m):
``(m) A member of the armed forces who gives birth while on
active duty may be required to meet body composition
standards or pass a physical fitness test during the period
of 12 months beginning on the date of such birth only with
the approval of a health care provider employed at a military
medical treatment facility and--
``(1) at the election of such member; or
``(2) in the interest of national security, as determined
by the Secretary of Defense.''.
(b) Regulations; Guidance and Policies.--
(1) Regulations.--The Secretary of Defense shall prescribe
regulations--
[[Page H4652]]
(A) for leave under subsection (i)(1)(C) and subsection
(j)(2) of section 701 of title 10, United States Code, as
amended by subsection (a), not later than one year after the
date of the enactment of this Act;
(B) that establish leave, consistent across the Armed
Forces, under subsection (j)(6) of such section not later
than one year after the date of the enactment of this Act;
and
(C) that establish convalescent leave, consistent across
the Armed Forces, under subsection (i)(1) of such section not
later than 180 days after the date of the enactment of this
Act.
(2) Guidance and policies.--Each Secretary of a military
department shall prescribe--
(A) policies to establish the maximum amount of leave under
subsection (i)(1) of section 701 of title 10, United States
Code, as amended by subsection (a), not later than one year
after the date of the enactment of this Act;
(B) policies to implement leave under subsection (i)(5) or
(j)(4) of such section not later than 180 days after the date
of the enactment of this Act;
(C) policies to implement not less than 21 days of leave
pursuant to regulations prescribed under paragraphs (1) and
(2) of subsection (j) of such section not later than one year
after the date of the enactment of this Act; and
(D) policies to implement the maximum amount of leave
pursuant to regulations prescribed under paragraphs (1) and
(2) of subsection (j) of such section not later than five
years after the date of the enactment of this Act.
(c) Reporting.--Not later than January 1, 2023, and
annually thereafter, each Secretary of a military department
shall submit to the appropriate congressional committees a
report containing the following:
(1) The use, during the preceding fiscal year, of leave
under subsections (i) and (j) of section 701 of title 10,
United States Code, as amended by subsection (a),
disaggregated by births, adoptions, and foster placements,
including--
(A) the number of members in each Armed Force under the
jurisdiction of the Secretary who became primary caregivers;
(B) the number of members in each Armed Force under the
jurisdiction of the Secretary who became secondary
caregivers;
(C) the number of primary caregivers who used primary
caregiver leave;
(D) the number of secondary caregivers who used secondary
caregiver leave;
(E) the number of primary caregivers who used the maximum
amount of primary caregiver leave;
(F) the number of secondary caregivers who used the maximum
amount of secondary caregiver leave;
(G) the number of primary caregivers who utilized primary
caregiver leave in multiple increments;
(H) the number of secondary caregivers who utilized primary
caregiver leave in multiple increments;
(I) the median duration of primary caregiver leave used by
primary caregivers;
(J) the median duration of secondary caregiver leave used
by secondary caregivers; and
(K) other information the Secretary determines appropriate.
(2) An analysis of the effect of leave described in
paragraph (1) on--
(A) readiness; and
(B) retention.
(3) Any actions taken by the Secretary to mitigate negative
effects described in paragraph (2).
(4) The number of members deployed under each paragraph of
subsection (l) of section 701 of title 10, United States
Code, as amended by subsection (a).
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) The Committee on Armed Services of the House of
Representatives.
(2) The Committee on Armed Services of the Senate.
(3) The Committee on Transportation and Infrastructure of
the House of Representatives.
(4) The Committee on Commerce, Science, and Transportation
of the Senate.
SEC. 622. TRANSITIONAL COMPENSATION AND BENEFITS FOR THE
FORMER SPOUSE OF A MEMBER OF THE ARMED FORCES
WHO ALLEGEDLY COMMITTED A DEPENDENT-ABUSE
OFFENSE DURING MARRIAGE.
(a) In General.--Section 1059 of title 10, United States
Code, is amended--
(1) in the heading--
(A) by striking ``separated for'' and inserting ``who
commit''; and
(B) by inserting ``; health care'' after ``exchange
benefits'';
(2) in subsection (b)--
(A) in the heading, by striking ``Punitive and Other
Adverse Actions Covered'' and inserting ``Covered Members'';
(B) in paragraph (2), by striking ``offense.'' and
inserting ``offense; or''; and
(C) by adding at the end the following new paragraph:
``(3) who is not described in paragraph (1) or (2) and
whose former spouse alleges that the member committed a
dependent-abuse offense--
``(A) during the marriage to the former spouse;
``(B) for which the applicable statute of limitations has
not lapsed; and
``(C) that an incident determination committee determines
meets the criteria for abuse.'';
(3) in subsection (e)(1)--
(A) in subparagraph (A)(ii), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) in the case of a member described in subsection
(b)(3), shall commence upon the date of the final decree of
divorce, dissolution, or annulment of that member from the
former spouse described in such subsection.''; and
(4) by adding at the end the following new subsection:
``(n) Health Care for Certain Former Spouses.--The
Secretary concerned shall treat a former spouse described in
subsection (b)(3) as an abused dependent described in section
1076(e) of this title.''.
(b) Technical Amendment.--The table of sections at the
beginning of chapter 53 of such title is amended by striking
the item relating to section 1059 and inserting the
following:
``1059. Dependents of members who commit dependent abuse: transitional
compensation; commissary and exchange benefits; health
care.''.
(c) Effective Date.--The amendments made by this Act shall
apply to a former spouse described in subsection (b)(3) of
such section 1059, as added by subsection (a)(2) of this
section, whose final decree of divorce, dissolution, or
annulment described in subsection (e)(1)(C) of such section
1059, as added by subsection (a)(3) of this section, is
issued on or after the date of the enactment of this Act.
SEC. 623. CLAIMS RELATING TO THE RETURN OF PERSONAL EFFECTS
OF A DECEASED MEMBER OF THE ARMED FORCES.
Section 1482(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(11)(A) Delivery of personal effects of a decedent to the
next of kin or other appropriate person.
``(B) If the Secretary concerned enters into an agreement
with an entity to carry out subparagraph (A), the Secretary
concerned shall pursue a claim against such entity that
arises from the failure of such entity to substantially
perform such subparagraph.
``(C) If an entity described in subparagraph (B) fails to
substantially perform subparagraph (A) by damaging, losing,
or destroying the personal effects of a decedent, the
Secretary concerned shall reimburse the person designated
under subsection (c) the fair market value of the damage,
loss, or destruction of such personal effects. The Secretary
concerned may request from, the person designated under
subsection (c), proof of fair market value and ownership of
the personal effects.''.
SEC. 624. EXPANSION OF PILOT PROGRAM TO PROVIDE FINANCIAL
ASSISTANCE TO MEMBERS OF THE ARMED FORCES FOR
IN-HOME CHILD CARE.
Section 589(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary may carry out the pilot program at
other locations the Secretary determines appropriate.''.
SEC. 625. CONTINUATION OF PAID PARENTAL LEAVE FOR A MEMBER OF
THE ARMED FORCES UPON DEATH OF CHILD.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall amend the
regulations prescribed pursuant to subsections (i) and (j) of
section 701 of title 10, United States Code, to ensure that
paid parental leave that has already been approved for a
member of the Armed Forces who is a primary or secondary
caregiver (as defined under such regulations) may not be
terminated upon the death of the child for whom such leave is
taken.
SEC. 626. CASUALTY ASSISTANCE PROGRAM: REFORM; ESTABLISHMENT
OF WORKING GROUP.
(a) Casualty Assistance Reform Working Group.--
(1) Establishment.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
establish a working group to be known as the ``Casualty
Assistance Reform Working Group'' (in this section referred
to as the ``Working Group'').
(2) Duties.--The Working Group shall perform the following
duties:
(A) Create standards and training for CAOs across the
military departments.
(B) Explore the possibility of establishing a unique badge
designation for--
(i) CAOs who have performed CAO duty more than five times;
or
(ii) professional CAOs.
(C) Commission a 30-day study that--
(i) documents the current workflow of casualty affairs
support across the military departments, including
administrative processes and survivor engagements; and
(ii) performs a gap analysis and solution document that
clearly identifies and prioritizes critical changes to
modernize and professionalize the casualty experience for
survivors.
(D) Review the organization of the Office of Casualty,
Mortuary Affairs and Military Funeral Honors to ensure it is
positioned to coordinate policy and assist in all matters
under its jurisdiction, across the Armed Forces, including
any potential intersections with the Defense Prisoner of War
and Missing in Action Accounting Agency.
(E) Explore the establishment of--
(i) an annual meeting, led by the Secretary of Defense,
with gold star families; and
(ii) a surviving and gold star family leadership council.
(F) Recommend improvements to the family notification
process of Arlington National Cemetery.
(G) Explore the redesign of the Days Ahead Binder,
including creating an electronic version.
(H) Consider the expansion of the DD Form 93 to include
more details regarding the last wishes of the deceased
member.
[[Page H4653]]
(I) Assess coordination between the Department of Defense
and the Office of Survivors Assistance of the Department of
Veterans Affairs.
(3) Membership.--The membership of the Working Group shall
be comprised of the following:
(A) The Under Secretary of Defense for Personnel and
Readiness, who shall serve as Chair of the Working Group.
(B) One individual from each Armed Force, appointed by the
Secretary of the military department concerned, who is--
(i) a civilian employee in the Senior Executive Service; or
(ii) an officer in a grade higher than O-6.
(C) One individual from the Joint Staff, appointed by the
Secretary of Defense, who is--
(i) a civilian employee in the Senior Executive Service; or
(ii) an officer in a grade higher than O-6.
(D) The Director of the Defense Prisoner of War and Missing
in Action Accounting Agency.
(E) The Director of the Defense Health Agency (or the
designee of such Director).
(F) The Chief of Chaplains of each Armed Force.
(G) Such other members of the Armed Forces or civilian
employees of the Department of Defense whom the Secretary of
Defense determines to appoint.
(4) Report.--Not later than September 30, 2022, the Working
Group shall submit to the Secretary of Defense a report
containing the determinations and recommendations of the
Working Group.
(5) Termination.--The Working Group shall terminate upon
submission of the report under paragraph (4).
(b) Report Required.--Not later than November 1, 2022, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report setting forth the results of a review and assessment
of the casualty assistance officer program, including the
report of the Working Group.
(c) Establishment of Certain Definitions.--Not later than
90 days after the date of the enactment of this Act, the
Secretary of Defense, in coordination with the Secretaries of
the military departments, shall prescribe regulations that
establish standard definitions, for use across the military
departments, of the terms ``gold star family'' and ``gold
star survivor''.
(d) CAO Defined.--In this section, the term ``CAO'' means a
casualty assistance officer of the Armed Forces.
Subtitle D--Defense Resale Matters
SEC. 631. ADDITIONAL SOURCES OF FUNDS AVAILABLE FOR
CONSTRUCTION, REPAIR, IMPROVEMENT, AND
MAINTENANCE OF COMMISSARY STORES.
Section 2484(h) of title 10, United States Code, is
amended--
(1) in paragraph (5), by adding at the end the following
new subparagraphs:
``(F) Amounts made available for any purpose set forth in
paragraph (1) pursuant to an agreement with a host nation.
``(G) Amounts appropriated for repair or reconstruction of
a commissary store in response to a disaster or emergency.'';
and
(2) by adding at the end the following new paragraph:
``(6) Revenues made available under paragraph (5) for the
purposes set forth in paragraphs (1), (2), and (3) may be
supplemented with additional funds derived from--
``(A) improved management practices implemented pursuant to
sections 2481(c)(3), 2485(b), and 2487(c) of this title; and
``(B) the variable pricing program implemented pursuant to
subsection (i).''.
Subtitle E--Miscellaneous Rights and Benefits
SEC. 641. ELECTRONIC OR ONLINE NOTARIZATION FOR MEMBERS OF
THE ARMED FORCES.
Section 1044a of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(e)(1) A person named in subsection (b) may exercise the
powers described in subsection (a) through electronic or
online means, including under circumstances where the
individual with respect to whom such person is performing the
notarial act is not physically present in the same location
as such person.
``(2) A determination of the authenticity of a notarial act
authorized in this section shall be made without regard to
whether the notarial act was performed through electronic or
online means.
``(3) A log or journal of a notarial act authorized in this
section shall be considered for evidentiary purposes without
regard to whether the log or journal is in electronic or
online form.''.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. IMPROVEMENT OF POSTPARTUM CARE FOR CERTAIN MEMBERS
OF THE ARMED FORCES AND DEPENDENTS.
(a) Postpartum Care for Certain Members and Dependents.--
(1) Postpartum care.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074o the
following new section:
``Sec. 1074p. Postpartum care for certain members and
dependents
``(a) Postpartum Mental Health Assessments.--(1) At the
intervals described in paragraph (2), and upon the consent of
the covered individual, the Secretary shall furnish to a
covered individual postpartum mental health assessments,
which shall include screening questions related to postpartum
anxiety and postpartum depression.
``(2) The intervals described in this subparagraph are,
with respect to the date on which the covered individual
gives birth, as follows:
``(A) One month after such date.
``(B) Two months after such date.
``(C) Four months after such date.
``(D) Six months after such date.
``(3) The Secretary may adjust the intervals described in
paragraph (2) as the Secretary determines appropriate, taking
into account the recommendations of established professional
medical associations such as the American Academy of
Pediatrics.
``(4) Postpartum mental health assessments furnished under
paragraph (1) may be provided concurrently with the well-
child visits for the infant of the covered individual,
including with respect to the initial well-child visit
specified in subsection (c).
``(b) Pelvic Health.--(1) Prior to the initial postpartum
discharge of a covered individual from the military medical
treatment facility at which the covered individual gave
birth, the Secretary shall furnish to the covered individual
a medical evaluation for pelvic health.
``(2) The Secretary shall ensure that if, as the result of
an evaluation furnished pursuant to paragraph (1), the health
care provider who provided such evaluation determines that
physical therapy for pelvic health (including the pelvic
floor) is appropriate, a consultation for such physical
therapy is provided upon discharge and in connection with a
follow-up appointment of the covered individual for
postpartum care that occurs during the period that is six to
eight weeks after the date on which the covered individual
gives birth.
``(3) Consultations offered pursuant to paragraph (2) shall
be conducted in-person wherever possible, but if the
Secretary determines that a covered individual for whom the
consultation is offered is located in a geographic area with
an inadequate number of physical therapists or health
professionals trained in providing such consultations, the
consultation may be provided through a telehealth
appointment.
``(c) Concurrent Scheduling of Certain Appointments.--The
Secretary shall ensure that there is provided within each
military medical treatment facility an option for any covered
individual who has given birth at the facility, and who is
eligible to receive care at the facility, to schedule a
follow-up appointment for postpartum care of the covered
individual that is concurrent with the date of the initial
well-child visit for the infant of the covered individual.
``(d) Definitions.--In this section:
``(1) The term `covered individual' means a member of the
armed forces (including the reserve components) performing
active service, or a dependent of such member, who is
entitled to medical care under this chapter.
``(2) The term `well-child visit' means a regularly
scheduled medical appointment with a pediatrician for the
general health and development of a child, as recommended by
the American Academy of Pediatrics or a similarly established
professional medical association.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1074o the following new item:
``1074p. Postpartum care for certain members and dependents.''.
(3) Effective date and applicability.--The amendments made
by this subsection shall take effect on the date of the
enactment of this Act and shall apply with respect to births
that occur on or after the date that is six months after the
date of the enactment of this Act.
(b) Standardized Policies.--Not later than after 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall--
(1) develop a standardized policy under which neither a
member of the Armed Forces who gives birth while on active
duty, nor a member of the reserve components who gives birth
(regardless of whether such birth occurs while the member of
the reserve components is performing active service), may be
required to take a physical fitness test until the date that
is one year after the date on which such member gave birth;
(2) develop a standardized policy for postpartum body
composition assessments with respect to such members; and
(3) ensure the policies developed under paragraphs (1) and
(2) are implemented uniformly across each of the Armed
Forces.
(c) Pilot Program to Streamline Postpartum Appointments.--
(1) Pilot program.--The Secretary shall carry out a one-
year pilot program to further streamline the process of
scheduling postpartum appointments at military medical
treatment facilities by reducing the number of distinct
visits required for such appointments.
(2) Streamlining of appointments.--In carrying out the
pilot program under paragraph (1), the Secretary shall ensure
that there is provided within each military medical treatment
facility selected under paragraph (3) an option for covered
individuals who have recently given birth at the facility,
and who are eligible to receive care at the facility, to
receive a physical therapy evaluation in connection with each
appointment provided by the facility for postpartum care of
the covered individual or for care of the infant of the
covered individual, including such appointments provided
concurrently pursuant to section 1074p(c) of title 10, United
25 States Code (as added by subsection (a)).
(3) Selection.--The Secretary shall select not fewer than
three military medical treatment facilities from each
military department at which to carry out the pilot program
under paragraph (1). In making such selection--
(A) the Secretary may not select a military medical
treatment facility that already provides covered individuals
with the option to receive a physical therapy evaluation as
specified in paragraph (2); and
(B) the Secretary shall ensure geographic diversity with
respect to the location of the military medical treatment
facilities, including by
[[Page H4654]]
considering for selection military medical treatment
facilities located outside of the United States.
(4) Report.--Not later than one year after the commencement
of the pilot program under paragraph (1), the Secretary shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report on the effectiveness
of the pilot program. Such report shall include--
(A) a recommendation by the Secretary on whether to expand
or extend the pilot program; and
(B) a summary of the findings that led to such
recommendation.
(5) Covered individual defined.--In this subsection, the
term ``covered individual'' has the meaning given such term
in section 1074p(d) of title 10, United States Code (as added
by subsection (a)).
(d) Pelvic Health at Military Medical Treatment
Facilities.--The Secretary shall take such steps as are
necessary to increase the capacity of military medical
treatment facilities to provide pelvic health rehabilitation
services, including by increasing the number of physical
therapists employed at such facilities who are trained in
pelvic health rehabilitation.
(e) Review of Pelvic Health Rehabilitation Programs.--
(1) Review.--The Secretary shall conduct a review of any
current pelvic health rehabilitation programs of the
Department of Defense, including an evaluation of the
outcomes of any such programs.
(2) Report.--Not later than nine months after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report containing the findings of the review
under paragraph (1).
(f) Guidance on Obstetric Hemorrhage Treatment.--Not later
than 180 days after the date of the enactment of this Act,
the Secretary shall issue guidance on the development and
implementation of standard protocols across the military
health system for the treatment of obstetric hemorrhages,
including through the use of pathogen reduced resuscitative
blood products.
SEC. 702. EATING DISORDERS TREATMENT FOR CERTAIN MEMBERS OF
THE ARMED FORCES AND DEPENDENTS.
(a) Eating Disorders Treatment for Certain Dependents.--
Section 1079 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(18) Treatment for eating disorders may be provided in
accordance with subsection (r).''; and
(2) by adding at the end the following new subsection:
``(r)(1) The provision of health care services for an
eating disorder under subsection (a)(18) shall include the
following services:
``(A) Inpatient services, including residential services.
``(B) Outpatient services for in-person or telehealth care,
including partial hospitalization services and intensive
outpatient services.
``(2) A dependent may be provided health care services for
an eating disorder under subsection (a)(18) without regard
to--
``(A) the age of the dependent, except with respect to
residential services under paragraph (1)(A), which may be
provided only to a dependent who is not eligible for hospital
insurance benefits under part A of title XVIII of the Social
Security Act (42 U.S.C. 1395c et seq.); and
``(B) whether the eating disorder is the primary or
secondary diagnosis of the dependent.
``(3) In this section, the term `eating disorder' has the
meaning given the term `feeding and eating disorders' in the
Diagnostic and Statistical Manual of Mental Disorders, 5th
Edition (or successor edition), published by the American
Psychiatric Association.''.
(b) Limitation With Respect to Retirees.--
(1) In general.--Section 1086(a) of title 10, Untied States
Code, is amended by inserting ``and (except as provided in
subsection (i)) treatments for eating disorders'' after ``eye
examinations''.
(2) Exception.--Such section is further amended by adding
at the end the following new subsection:
``(i) If, prior to October 1, 2022, a category of persons
covered by this section was eligible to receive a specific
type of treatment for eating disorders under a plan
contracted for under subsection (a), the general prohibition
on the provision of treatments for eating disorders specified
in such subsection shall not apply with respect to the
provision of the specific type of treatment to such category
of persons.''.
(c) Identification and Treatment of Eating Disorders for
Members of the Armed Forces.--
(1) In general.--Section 1090 of title 10, United States
Code, is amended--
(A) in the heading, by inserting ``eating disorders and''
after ``treating'';
(B) by striking ``The Secretary of Defense'' and inserting
the following:
``(a) Identification and Treatment of Eating Disorders and
Drug and Alcohol Dependence.--Except as provided in
subsection (b), the Secretary of Defense'';
(C) by inserting ``have an eating disorder or'' before
``are dependent on drugs or alcohol''; and
(D) by adding at the end the following new subsections:
``(b) Facilities Available to Individuals With Eating
Disorders.--For purposes of this section, `necessary
facilities' described in subsection (a) shall include, with
respect to individuals who have an eating disorder,
facilities that provide the services specified in section
1079(r)(1) of this title.
``(c) Eating Disorder Defined.--In this section, the term
`eating disorder' has the meaning given that term in section
1079(r) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of title 10, United States Code, is
amended by striking the item relating to section 1090 and
inserting the following new item:
``1090. Identifying and treating eating disorders and drug and alcohol
dependence.''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 2022.
SEC. 703. MODIFICATIONS RELATING TO COVERAGE OF TELEHEALTH
SERVICES UNDER TRICARE PROGRAM AND OTHER
MATTERS.
(a) Coverage of Telehealth Services Under TRICARE Program
During Certain Health Emergencies.--
(1) Coverage during health emergencies.--Chapter 55 of
title 10, United States Code, is amended by inserting after
section 1076f the following new section:
``Sec. 1076g. TRICARE program: coverage of telehealth
services during certain health emergencies
``(a) Telehealth Coverage Requirements.--During a covered
health emergency--
``(1) no cost sharing amount (including copayments and
deductibles, as applicable) may be charged under the TRICARE
program to a covered beneficiary for a telehealth service;
``(2) telehealth appointments that involve audio
communication shall be considered to be telehealth
appointments for purposes of coverage under the TRICARE
program, notwithstanding that such appointments do not
involve video communication; and
``(3) the Secretary of Defense may reimburse providers of
telehealth services under the TRICARE program for the
provision of such services to covered beneficiaries
regardless of whether the provider is licensed in the State
in which the covered beneficiary is located.
``(b) Application to Overseas Providers.--Subsection (a)(3)
shall apply with respect to a provider located in a foreign
country if the provider holds a license to practice that is
determined by the Secretary to be an equivalent to a U.S.
license and the provider is authorized to practice by the
respective foreign government.
``(c) Extension.--The Secretary may extend the coverage
requirements under subsection (a) for a period of time after
the date on which a covered health emergency terminates, as
determined appropriate by the Secretary.
``(d) Covered Health Emergency Defined.--In this section,
the term `covered health emergency' means a national
emergency or disaster related to public health that is
declared pursuant to the National Emergencies Act (50 U.S.C.
1601 et seq.), the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.), section
319 of the Public Health Service Act (42 U.S.C. 247d), or any
other Federal law determined relevant by the Secretary.''.
(2) Clerical amendment.--Such chapter is further amended in
the table of sections by inserting after the item relating to
section 1076f the following new item:
``1076g. TRICARE program: coverage of telehealth services during
certain health emergencies.''.
(3) Application and extension for covid-19.--
(A) Application.--The amendments made by paragraph (1)
shall apply with respect to the emergency declared by the
President on March 13, 2020, pursuant to section 501(b) of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5191(b)) with respect to the
coronavirus disease 2019 (COVID-19).
(B) Extension.--The Secretary shall extend the telehealth
coverage requirements pursuant to section 1074g(c) of title
10, United States Code, as added by paragraph (1), until the
date that is 180 days after the date on which the emergency
specified in subparagraph (A) terminates.
(b) Pilot Program to Place Certain Retired Members of the
Armed Forces in the Ready Reserve; Pay.--
(1) Authority.--
(A) In general.--Notwithstanding section 10145 of title 10,
United States Code, the Secretary of a military department
may prescribe regulations to carry out a pilot program under
which a retired member of a regular component of the Armed
Forces entitled to retired pay may be placed in the Ready
Reserve if the Secretary concerned--
(i) determines that the retired member has more than 20
years of creditable service in that regular component; and
(ii) makes a special finding that the member possesses a
skill in which the Ready Reserve of the Armed Force concerned
has a critical shortage of personnel.
(B) Limitation on delegation.--The authority of the
Secretary concerned under subparagraph (A) may not be
delegated--
(i) to a civilian officer or employee of the military
department concerned below the level of Assistant Secretary;
or
(ii) to a member of the Armed Forces below the level of the
lieutenant general or vice admiral in an Armed Force with
responsibility for military personnel policy in that Armed
Force.
(2) Pay for duties performed in the ready reserve in
addition to retired pay.--Notwithstanding section 12316 of
such title 10, a member placed in the Ready Reserve under
paragraph (1) may receive--
(A) retired pay; and
(B) the pay and allowances authorized by law for duty that
member performs.
(3) Termination.--A pilot program under this subsection
shall terminate not later than four
[[Page H4655]]
years after the date of the enactment of this Act.
(4) Report.--Not later than 90 days after a pilot program
terminates under paragraph (3), the Secretary concerned shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report regarding such pilot
program, including the recommendation of the Secretary
concerned whether such pilot program should be made
permanent.
(c) Survivor Benefit Plan Open Enrollment Period.--
(1) Persons not currently participating in survivor benefit
plan.--
(A) Election of sbp coverage.--An eligible retired or
former member may elect to participate in the Survivor
Benefit Plan during the open enrollment period specified in
paragraph (4).
(B) Eligible retired or former member.--For purposes of
subparagraph (A), an eligible retired or former member is a
member or former member of the uniformed services who, on the
day before the first day of the open enrollment period,
discontinued participation in the Survivor Benefit Plan under
section 1452(g) of title 10, United States Code, and--
(i) is entitled to retired pay; or
(ii) would be entitled to retired pay under chapter of
title 10, United States Code (or chapter 67 of such title as
in effect before October 5, 1994), but for the fact that such
member or former member is under 60 years of age.
(C) Status under sbp of persons making elections.--
(i) Standard annuity.--A person making an election under
subparagraph (A) by reason of eligibility under subparagraph
(B)(i) shall be treated for all purposes as providing a
standard annuity under the Survivor Benefit Plan.
(ii) Reserve-component annuity.--A person making an
election under subparagraph (A) by reason of eligibility
under subparagraph (B)(ii) shall be treated for all purposes
as providing a reserve-component annuity under the Survivor
Benefit Plan.
(2) Manner of making elections.--
(A) In general.--An election under this subsection must be
made in writing, signed by the person making the election,
and received by the Secretary concerned before the end of the
open enrollment period. Except as provided in subparagraph
(B), any such election shall be made subject to the same
conditions, and with the same opportunities for designation
of beneficiaries and specification of base amount, that apply
under the Survivor Benefit Plan. A person making an election
under paragraph (1) to provide a reserve-component annuity
shall make a designation described in section 1448(e) of
title 10, United States Code.
(B) Election must be voluntary.--An election under this
subsection is not effective unless the person making the
election declares the election to be voluntary. An election
to participate in the Survivor Benefit Plan under this
subsection may not be required by any court. An election to
participate or not to participate in the Survivor Benefit
Plan is not subject to the concurrence of a spouse or former
spouse of the person.
(3) Effective date for elections.--Any such election shall
be effective as of the first day of the first calendar month
following the month in which the election is received by the
Secretary concerned.
(4) Open enrollment period defined.--The open enrollment
period is the period beginning on the date of the enactment
of this Act and ending on January 1, 2023.
(5) Applicability of certain provisions of law.--The
provisions of sections 1449, 1453, and 1454 of title 10,
United States Code, are applicable to a person making an
election, and to an election, under this subsection in the
same manner as if the election were made under the Survivor
Benefit Plan.
(6) Premiums for open enrollment election.--
(A) Premiums to be charged.--The Secretary of Defense shall
prescribe in regulations premiums which a person electing
under this subsection shall be required to pay for
participating in the Survivor Benefit Plan pursuant to the
election. The total amount of the premiums to be paid by a
person under the regulations shall be equal to the sum of--
(i) the total amount by which the retired pay of the person
would have been reduced before the effective date of the
election if the person had elected to participate in the
Survivor Benefit Plan (for the same base amount specified in
the election) at the first opportunity that was afforded the
member to participate under chapter 73 of title 10, United
States Code;
(ii) interest on the amounts by which the retired pay of
the person would have been so reduced, computed from the
dates on which the retired pay would have been so reduced at
such rate or rates and according to such methodology as the
Secretary of Defense determines reasonable; and
(iii) any additional amount that the Secretary determines
necessary to protect the actuarial soundness of the
Department of Defense Military Retirement Fund against any
increased risk for the fund that is associated with the
election.
(B) Premiums to be credited to retirement fund.--Premiums
paid under the regulations shall be credited to the
Department of Defense Military Retirement Fund.
(7) Definitions.--In this subsection:
(A) The term ``Survivor Benefit Plan'' means the program
established under subchapter II of chapter 73 of title 10,
United States Code.
(B) The term ``retired pay'' includes retainer pay paid
under section 8330 of title 10, United States Code.
(C) The terms ``uniformed services'' and ``Secretary
concerned'' have the meanings given those terms in section
101 of title 37, United States Code.
(D) The term ``Department of Defense Military Retirement
Fund'' means the Department of Defense Military Retirement
Fund established under section 1461(a) of title 10, United
States Code.
SEC. 704. MODIFICATIONS TO PILOT PROGRAM ON HEALTH CARE
ASSISTANCE SYSTEM.
Section 731(d) of the National Defense Authorization Act
for Fiscal Year 2018 (10 U.S.C. 1075 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``January 1, 2021'' and inserting ``November 1, 2022'';
(2) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(3) in paragraph (2), by striking the period and inserting
``; and''; and
(4) by adding at the end the following new paragraph:
``(3) input from covered beneficiaries who have
participated in the pilot program regarding their
satisfaction with, and any benefits attained from, such
participation.''.
SEC. 705. TEMPORARY REQUIREMENT FOR CONTRACEPTION COVERAGE
PARITY UNDER THE TRICARE PROGRAM.
(a) In General.--The Secretary of Defense shall ensure
that, during the one-year period beginning on the date that
is 30 days after the date of the enactment of the Act, the
imposition or collection of cost-sharing for certain services
is prohibited as follows:
(1) Pharmacy benefits program.--Notwithstanding
subparagraphs (A), (B), and (C), of section 1074g(a)(6) of
title 10, United States Code, cost-sharing may not be imposed
or collected with respect to any eligible covered beneficiary
for any prescription contraceptive on the uniform formulary
provided through a retail pharmacy described in section
1074(a)(2)(E)(ii) of such title or through the national mail-
order pharmacy program of the TRICARE Program.
(2) TRICARE select.--Notwithstanding any provision under
section 1075 of title 10, United States Code, cost-sharing
may not be imposed or collected with respect to any
beneficiary under such section for a covered service that is
provided by a network provider under the TRICARE program.
(3) TRICARE prime.--Notwithstanding subsections (a), (b),
and (c) of section 1075a of title 10, United States Code,
cost-sharing may not be imposed or collected with respect to
any beneficiary under such section for a covered service that
is provided under TRICARE Prime.
(b) Definitions.--In this section:
(1) The term ``covered service'' means any method of
contraception approved by the Food and Drug Administration,
any contraceptive care (including with respect to insertion,
removal, and follow up), any sterilization procedure, or any
patient education or counseling service provided in
connection with any such method, care, or procedure.
(2) The term ``eligible covered beneficiary'' has the
meaning given such term in section 1074g of title 10, United
States Code.
(3) The terms ``TRICARE Program'' and ``TRICARE Prime''
have the meaning given such terms in section 1072 of title
10, United States Code.
Subtitle B--Health Care Administration
SEC. 711. MODIFICATION OF CERTAIN DEFENSE HEALTH AGENCY
ORGANIZATION REQUIREMENTS.
Section 1073c(c)(5) of title 10, United States Code, is
amended by striking ``paragraphs (1) through (4)'' and
inserting ``paragraph (3) or (4)''.
SEC. 712. REQUIREMENT FOR CONSULTATIONS RELATED TO MILITARY
MEDICAL RESEARCH AND DEFENSE HEALTH AGENCY
RESEARCH AND DEVELOPMENT.
(a) Consultations Required.--Section 1073c of title 10,
United States Code, is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Consultations on Medical Research of Military
Departments.--In implementing subsection (e)(1) (and on an
ongoing basis after the establishment of the Defense Health
Agency Research and Development pursuant to such subsection),
the Secretary of Defense, acting through the Secretaries of
the military departments, shall ensure that periodic
consultations are carried out within each military department
regarding the plans and requirements for military medical
research organizations and activities of the military
department.''.
(b) Requirements for Initial Consultations.--The Secretary
of Defense shall ensure that initial consultations under
section 1073c(f) of title 10, United States Code (as added by
subsection (a)), are carried out prior to the establishment
of the Defense Health Agency Research and Development and
address--
(1) the plans of each military department to ensure a
comprehensive transition of any military medical research
organizations of the military department with respect to the
establishment of the Defense Health Agency Research and
Development; and
(2) any risks involved in such transition that may
compromise ongoing medical research and development
activities of the military department.
SEC. 713. AUTHORIZATION OF PROGRAM TO PREVENT FRAUD AND ABUSE
IN THE MILITARY HEALTH SYSTEM.
(a) In General.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1073e the
following new section:
``Sec. 1073f. Health care fraud and abuse prevention program
``(a) Program Authorized.--(1) The Secretary of Defense may
carry out a program under this section to prevent and remedy
fraud and abuse in the health care programs of the Department
of Defense.
[[Page H4656]]
``(2) At the discretion of the Secretary, such program may
be administered jointly by the Inspector General of the
Department of Defense and the Director of the Defense Health
Agency.
``(3) In carrying out such program, the authorities granted
to the Secretary of Defense and the Inspector General of the
Department of Defense under section 1128A(m) of the Social
Security Act (42 U.S.C. 1320a-7a(m)) shall be available to
the Secretary and the Inspector General.
``(b) Civil Monetary Penalties.--(1) Except as provided in
paragraph (2), the provisions of section 1128A of the Social
Security Act (42 U.S.C. 1320a-7a) shall apply with respect to
any civil monetary penalty imposed in carrying out the
program authorized under subsection (a).
``(2) Consistent with section 1079a of this title, amounts
recovered in connection with any such civil monetary penalty
imposed--
``(A) shall be credited to appropriations available as of
the time of the collection for expenses of the health care
program of the Department of Defense affected by the fraud
and abuse for which such penalty was imposed; and
``(B) may be used to support the administration of the
program authorized under subsection (a), including to support
any interagency agreements entered into under subsection (d).
``(c) Interagency Agreements.--The Secretary of Defense may
enter into agreements with the Secretary of Health and Human
Services, the Attorney General, or the heads of other Federal
agencies, for the effective and efficient implementation of
the program authorized under subsection (a).
``(d) Rule of Construction.--Joint administration of the
program authorized under subsection (a) may not be construed
as limiting the authority of the Inspector General of the
Department of Defense under any other provision of law.
``(e) Fraud and Abuse Defined.--In this section, the term
`fraud and abuse' means any conduct specified in subsection
(a) or (b) of section 1128A of the Social Security Act (42
U.S.C. 1320a-7a).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1073e the following new item:
``1073f. Health care fraud and abuse prevention program.''.
SEC. 714. MANDATORY REFERRAL FOR MENTAL HEALTH EVALUATION.
Section 1090a of title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Process Applicable to Member Disclosure.--The
regulations required by subsection (a) shall--
``(1) establish a phrase that enables a member of the armed
forces to trigger a referral of the member by a commanding
officer or supervisor for a mental health evaluation;
``(2) require a commanding officer or supervisor to make
such referral as soon as practicable following disclosure by
the member to the commanding officer or supervisor of the
phrase established under paragraph (1); and
``(3) ensure that the process protects the confidentiality
of the member in a manner similar to the confidentiality
provided for members making restricted reports under section
1565b(b) of this title.''.
SEC. 715. INCLUSION OF EXPOSURE TO PERFLUOROALKYL AND
POLYFLUOROALKYL SUBSTANCES AS COMPONENT OF
PERIODIC HEALTH ASSESSMENTS.
(a) Periodic Health Assessment.--Each Secretary concerned
shall ensure that any periodic health assessment provided to
a member of the Armed Forces includes an evaluation of
whether the member has been--
(1) based or stationed at a military installation
identified by the Secretary concerned as a location with a
known or suspected release of perfluoroalkyl substances or
polyfluoroalkyl substances during the period in which the
member was based or stationed at the military installation;
or
(2) exposed to such substances, including by evaluating any
information in the health record of the member.
(b) Separation History and Physical Examinations.--Section
1145 of title 10, United States Code, is amended--
(1) in subsection (a)(5), by adding at the end the
following new subparagraph:
``(D) The Secretary concerned shall ensure that each
physical examination of a member under subparagraph (A)
includes an assessment of whether the member was--
``(i) based or stationed at a military installation
identified by the Secretary concerned as a location with a
known or suspected release of perfluoroalkyl substances or
polyfluoroalkyl substances during the period in which the
member was based or stationed at the military installation;
or
``(ii) exposed to such substances, including by assessing
any information in the health record of the member.''; and
(2) by adding at the end the following new subsection:
``(g) Secretary Concerned Defined.--In this section, the
term `Secretary concerned' has the meaning given such term in
section 101 of this title (and otherwise includes the
Secretary of the department in which the Coast Guard is
operating).''.
(c) Deployment Assessments.--Section 1074f of title 10,
United States Code, is amended--
(1) in subsection (b)(2), by adding at the end the
following new subparagraph:
``(E) An assessment of whether the member was--
``(i) based or stationed at a military installation
identified by the Secretary concerned as a location with a
known or suspected release of perfluoroalkyl substances or
polyfluoroalkyl substances during the period in which the
member was based or stationed at the military installation;
or
``(ii) exposed to such substances, including by assessing
any information in the health record of the member.''; and
(2) by adding at the end the following new subsection:
``(h) Secretary Concerned Defined.--In this section, the
term `Secretary concerned' has the meaning given such term in
section 101 of this title (and otherwise includes the
Secretary of the department in which the Coast Guard is
operating).''.
(d) Provision of Blood Testing to Determine Exposure to
Perfluoroalkyl Substances or Polyfluoroalkyl Substances.--
(1) Provision of blood testing.--
(A) In general.--If a covered evaluation of a member of the
Armed Forces results in a positive determination of potential
exposure to perfluoroalkyl substances or polyfluoroalkyl
substances, the Secretary concerned shall provide to that
member, during the covered evaluation, blood testing to
determine and document potential exposure to such substances.
(B) Inclusion in health record.--The results of blood
testing of a member of the Armed Forces conducted under
subparagraph (A) shall be included in the health record of
the member.
(2) Definitions.--In this section:
(A) The term ``covered evaluation'' means--
(i) a periodic health assessment conducted in accordance
with subsection (a);
(ii) a separation history and physical examination
conducted under section 1145(a)(5) of title 10, United States
Code, as amended by subsection (b); or
(iii) a deployment assessment conducted under section
1074f(b)(2) of such title, as amended by subsection (c).
(B) The term ``Secretary concerned'' has the meaning given
such term in section 101 of title 10, United States Code (and
otherwise includes the Secretary of the department in which
the Coast Guard is operating).
SEC. 716. PROHIBITION ON ADVERSE PERSONNEL ACTIONS TAKEN
AGAINST CERTAIN MEMBERS OF THE ARMED FORCES
BASED ON DECLINING COVID-19 VACCINE.
(a) Findings.--Congress finds the following:
(1) The Secretary of Defense has announced a COVID-19
vaccine mandate will take effect for the Department of
Defense
(2) Many Americans have reservations about taking a vaccine
that has only been available for less than a year.
(3) Reports of adverse actions being taken, or threatened,
by military leadership at all levels are antithetical to our
fundamental American values.
(4) Any discharge other than honorable denotes a
dereliction of duty or a failure to serve the United States
and its people to the best of the ability of an individual.
(b) Prohibition.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1107a the
following new section:
``Sec. 1107b. Prohibition on certain adverse personnel
actions related to COVID-19 vaccine requirement
``(a) Prohibition.--Notwithstanding any other provision of
law, a member of an Armed Force under the jurisdiction of the
Secretary of a military department subject to discharge on
the basis of the member choosing not to receive the COVID-19
vaccine may only receive an honorable discharge.
``(b) Member of an Armed Force Defined.--In this section,
the term `member of an Armed Force' means a member of the
Army, Navy, Air Force, Marine Corps, or the Space Force.''.
(c) Clerical Amendment.--The table of sections for such
chapter is amended by inserting after the item relating to
section 1107a the following new item:
``1107b. Prohibition on certain adverse personnel actions related to
COVID-19 vaccine requirement''.
SEC. 717. ESTABLISHMENT OF DEPARTMENT OF DEFENSE SYSTEM TO
TRACK AND RECORD INFORMATION ON VACCINE
ADMINISTRATION.
(a) Establishment of System.--Section 1110 of title 10,
United States Code, is amended--
(1) by redesignating subsections (a) and (b) as subsections
(b) and (c), respectively; and
(2) by inserting after the heading the following new
subsection:
``(a) System to Track and Record Vaccine Information.--(1)
The Secretary of Defense, in coordination with the
Secretaries of the military departments, shall establish a
system to track and record the following information:
``(A) Each vaccine administered by a health care provider
of the Department of Defense to a member of an armed force
under the jurisdiction of the Secretary of a military
department.
``(B) Any adverse reaction of the member related to such
vaccine.
``(C) Each refusal of a vaccine by such a member on the
basis that the vaccine is being administered by a health care
provider of the Department pursuant to an emergency use
authorization granted by the Commissioner of Food and Drugs
under section 564 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360bbb-3).
``(2) In carrying out paragraph (1), the Secretary of
Defense shall ensure that--
``(A) any electronic health record maintained by the
Secretary for a member of an armed force under the
jurisdiction of the Secretary of a military department is
updated with the information specified in such paragraph with
respect to the member; and
``(B) any collection, storage, or use of such information
is conducted through means involving
[[Page H4657]]
such cyber protections as the Secretary determines necessary
to safeguard the personal information of the member.''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in the heading by striking ``Anthrax vaccine
immunization program; procedures for exemptions and
monitoring reactions'' and inserting ``System for tracking
and recording vaccine information; anthrax vaccine
immunization program''; and
(2) in subsection (b), as redesignated by subsection
(a)(1), by striking ``Secretary of Defense'' and inserting
``Secretary''.
(c) Clerical Amendment.--The table of sections for chapter
55 of title 10, United States Code, is amended by striking
the item relating to section 1110 and inserting the following
new item:
``1110. System for tracking and recording vaccine information; anthrax
vaccine immunization program.''.
(d) Deadline for Establishment of System.--The Secretary of
Defense shall establish the system under section 1110 of
title 10, United States Code. as added by subsection (a), by
not later than January 1, 2023.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the House of
Representatives and the Senate a report on the administration
of vaccines to members of the Armed Forces under the
jurisdiction of the Secretary of a military department and on
the status of establishing the system under section 1110(a)
of title 10, United States Code (as added by subsection (a)).
Such report shall include information on the following:
(1) The process by which such members receive vaccines, and
the process by which the Secretary tracks, records, and
reports on, vaccines received by such members (including with
respect to any transfers by a non-Department provider to the
Department of vaccination records or other medical
information of the member related to the administration of
vaccines by the non-Department provider).
(2) The storage of information related to the
administration of vaccines in the electronic health records
of such members, and the cyber protections involved in such
storage, as required under such section 1110(a)(2) of title
10, United States Code.
(3) The general process by which medical information of
beneficiaries under the TRICARE program is collected,
tracked, and recorded, including the process by which medical
information from providers contracted by the Department or
from a State or local department of health is transferred to
the Department and associated with records maintained by the
Secretary.
(4) Any gaps or challenges relating to the vaccine
administration process of the Department and any legislative
or budgetary recommendations to address such gaps or
challenges.
(f) Definitions.--In this section:
(1) The term ``military departments'' has the meaning given
such term in section 101 of title 10, United States Code.
(2) The term ``TRICARE program'' has the meaning given such
term in section 1072 of such title.
SEC. 718. AUTHORIZATION OF PROVISION OF INSTRUCTION AT
UNIFORMED SERVICES UNIVERSITY OF THE HEALTH
SCIENCES TO CERTAIN FEDERAL EMPLOYEES.
Section 2114(h) of title 10, United States Code, is
amended--
(1) by striking ``The Secretary of Defense'' and inserting
``(1) The Secretary of Defense, in coordination with the
Secretary of Health and Human Services and the Secretary of
Veterans Affairs,''; and
(2) by adding at the end the following new paragraph:
``(2)(A) A covered employee whose employment or service
with the Department of Veterans Affairs, Public Health
Service, or Coast Guard (as applicable) is in a position
relevant to national security or health sciences may receive
instruction at the University within the scope of such
employment or service.
``(B) If a covered employee receives instruction at the
University pursuant to subparagraph (A), the head of the
Federal agency concerned shall reimburse the University for
the cost of providing such instruction to the covered
employee. Amounts received by the University under this
subparagraph shall be retained by the University to defray
the costs of such instruction.
``(C) Notwithstanding subsections (b) through (e) and
subsection (i), the head of the Federal agency concerned
shall determine the service obligations of the covered
employee receiving instruction at the University pursuant to
subparagraph (A) in accordance with applicable law.
``(D) In this paragraph--
``(i) the term `covered employee' means an employee of the
Department of Veterans Affairs, a civilian employee of the
Public Health Service, a member of the commissioned corps of
the Public Health Service, a member of the Coast Guard, or a
civilian employee of the Coast Guard; and
``(ii) the term `head of the Federal agency concerned'
means the head of the Federal agency that employs, or has
jurisdiction over the uniformed service of, a covered
employee permitted to receive instruction at the University
under subparagraph (A) in the relevant position described in
such subparagraph.''.
SEC. 719. MANDATORY TRAINING ON HEALTH EFFECTS OF BURN PITS.
The Secretary of Defense shall provide to each medical
provider of the Department of Defense mandatory training with
respect to the potential health effects of burn pits.
SEC. 720. DEPARTMENT OF DEFENSE PROCEDURES FOR EXEMPTIONS
FROM MANDATORY COVID-19 VACCINES.
(a) Exemptions.--The Secretary of Defense shall establish
uniform procedures under which covered members may be
exempted from receiving an otherwise mandated COVID-19
vaccine for administrative, medical, or religious reasons,
including on the basis of possessing an antibody test result
demonstrating previous COVID-19 infection.
(b) Definitions.--In this section:
(1) The term ``covered member'' means a member of an Armed
Force under the jurisdiction of the Secretary of a military
department.
(2) The term ``COVID-19 vaccine'' means any vaccine for the
coronavirus disease 2019 (COVID-19), including any subsequent
booster shot for COVID-19.
SEC. 721. MODIFICATIONS AND REPORT RELATED TO REDUCTION OR
REALIGNMENT OF MILITARY MEDICAL MANNING AND
MEDICAL BILLETS.
(a) Modifications to Limitation on Reduction or
Realignment.--Section 719 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1454), as amended by section 717 of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283), is further amended--
(1) in subsection (a), by striking ``180 days following the
date of the enactment of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021'' and
inserting ``the year following the date of the enactment of
the National Defense Authorization Act for Fiscal Year
2022''; and
(2) in subsection (b)(1), by inserting ``, including any
billet validation requirements determined pursuant to
estimates provided in the joint medical estimate under
section 732 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-
232),'' after ``requirements of the military department of
the Secretary''.
(b) GAO Report on Reduction or Realignment of Military
Medical Manning and Medical Billets.--
(1) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report on the
analyses used to support any reduction or realignment of
military medical manning, including any reduction or
realignment of medical billets of the military departments.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) An analysis of the use of the joint medical estimate
under section 732 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1817) and wartime scenarios to determine military
medical manpower requirements, including with respect to
pandemic influenza and homeland defense missions.
(B) An assessment of whether the Secretaries of the
military departments have used the processes under section
719(b) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92; 133 Stat. 1454) to ensure that
a sufficient combination of skills, specialties, and
occupations are validated and filled prior to the transfer of
any medical billets of a military department to fill other
military medical manpower needs.
(C) An assessment of the effect of the reduction or
realignment of such billets on local health care networks and
whether the Director of the Defense Health Agency has
conducted such an assessment in coordination with the
Secretaries of the military departments.
SEC. 722. CROSS-FUNCTIONAL TEAM FOR EMERGING THREAT RELATING
TO ANOMALOUS HEALTH INCIDENTS.
(a) Establishment.--Using the authority provided under
section 911(c) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 111 note),
the Secretary of Defense shall establish a cross-functional
team to address national security challenges posed by
anomalous health incidents (as defined by the Secretary) and
ensure that individuals affected by anomalous health
incidents receive timely and comprehensive health care and
treatment pursuant to title 10, United States Code, or other
provisions of law administered by the Secretary, for symptoms
consistent with an anomalous health incident.
(b) Duties.--The duties of the cross-functional team
established under subsection (a) shall be--
(1) to assist the Secretary of Defense with addressing the
challenges posed by anomalous health incidents and any other
efforts regarding such incidents that the Secretary
determines necessary; and
(2) to integrate the efforts of the Department of Defense
regarding anomalous health incidents with the efforts of
other departments or agency of the Federal Government
regarding such incidents.
(c) Team Leader.--The Secretary shall select an Under
Secretary of Defense to lead the cross-functional team and a
senior military officer to serve as the deputy to the Under
Secretary so selected.
(d) Determination of Organizational Roles and
Responsibilities.--The Secretary, in coordination with the
Director of National Intelligence and acting through the
cross-functional team established under subsection (a), shall
determine the roles and responsibilities of the organizations
and elements of the Department of Defense with respect to
addressing anomalous health incidents, including the roles
and responsibilities of the Office of the Secretary of
Defense, the intelligence components of the Department,
Defense agencies, and Department of Defense field activities,
the military departments, combatant commands, and the Joint
Staff.
[[Page H4658]]
(e) Briefings.--
(1) Initial briefing.--Not later than 30 days after the
date of the enactment of this Act, the Secretary shall
provide to the appropriate congressional committees a
briefing on--
(A) the progress of the Secretary in establishing the
cross-functional team; and
(B) the progress the team has made in--
(i) determining the roles and responsibilities of the
organizations and elements of the Department of Defense with
respect the cross-functional team; and
(ii) carrying out the duties under subsection (b).
(2) Updates.--Not later than 75 days after the date of the
enactment of this Act, and once every 45 days thereafter
during the one-year period following such date of enactment,
the Secretary shall provide to the appropriate congressional
committees a briefing containing updates with respect to the
efforts of the Department regarding anomalous health
incidents.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
SEC. 723. IMPLEMENTATION OF INTEGRATED PRODUCT FOR MANAGEMENT
OF POPULATION HEALTH ACROSS MILITARY HEALTH
SYSTEM.
(a) Integrated Product.--The Secretary of Defense shall
develop and implement an integrated product for the
management of population health across the military health
system. Such integrated product shall serve as a repository
for the health care, demographic, and other relevant data of
all covered beneficiaries, including with respect to data on
health care services furnished to such beneficiaries through
the purchased care and direct care components of the TRICARE
program, and shall--
(1) be compatible with the electronic health record system
maintained by the Secretary for members of the Armed Forces;
(2) enable the coordinated case management of covered
beneficiaries with respect to health care services furnished
to such beneficiaries at military medical treatment
facilities and at private sector facilities through health
care providers contracted by the Department of Defense;
(3) enable the collection and stratification of data from
multiple sources to measure population health goals,
facilitate disease management programs of the Department,
improve patient education, and integrate wellness services
across the military health system; and
(4) enable predictive modeling to improve health outcomes
for patients and to facilitate the identification and
correction of medical errors in the treatment of patients,
issues regarding the quality of health care services
provided, and gaps in health care coverage.
(b) Definitions.--In this section:
(1) The terms ``covered beneficiary'' and ``TRICARE
program'' have the meanings given such terms in section 1072
of title 10, United States Code.
(2) The term ``integrated product'' means an electronic
system of systems (or solutions or products) that provides
for the integration and sharing of data to meet the needs of
an end user in a timely and cost effective manner.
SEC. 724. DIGITAL HEALTH STRATEGY OF DEPARTMENT OF DEFENSE.
(a) Digital Health Strategy.--
(1) Strategy.--Not later than April 1, 2022, the Secretary
of Defense shall develop a digital health strategy of the
Department of Defense to incorporate new and emerging
technologies and methods (including three-dimensional
printing, virtual reality, wearable devices, big data and
predictive analytics, and other innovative methods that
leverage new or emerging technologies) in the provision of
clinical care within the military health system.
(2) Elements.--The strategy under paragraph (1) shall
address, with respect to future use within the military
health system, the following:
(A) Emerging technology to improve the delivery of clinical
care and health services.
(B) Design thinking to improve the delivery of clinical
care and health services.
(C) Advanced clinical decision support systems.
(D) Simulation technologies for clinical training
(including through simulation immersive training) and
clinical education, and for the training of health care
personnel in the adoption of emerging technologies for
clinical care delivery.
(E) Wearable devices.
(F) Three-dimensional printing and related technologies.
(G) Data-driven decision making, including through the use
of big data and predictive analytics, in the delivery of
clinical care and health services.
(b) Report.--Not later than July 1, 2022, the Secretary
shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a report setting forth--
(1) the strategy under subsection (a); and
(2) a plan to implement such strategy, including the
estimated timeline and cost for such implementation.
SEC. 725. DEVELOPMENT AND UPDATE OF CERTAIN POLICIES RELATING
TO MILITARY HEALTH SYSTEM AND INTEGRATED
MEDICAL OPERATIONS.
(a) In General.--By not later than October 1, 2022, the
Secretary of Defense, in coordination with the Secretaries of
the military departments and the Chairman of the Joint Chiefs
of Staff, shall develop and update certain policies relating
to the military health system and integrated medical
operations of the Department of Defense as follows:
(1) Updated plan on integrated medical operations in
continental united states.--The Secretary of Defense shall
develop an updated plan on integrated medical operations in
the continental United States and update the Department of
Defense Instruction 6010.22, titled ``National Disaster
Medical System (NDMS)'' (or such successor instruction)
accordingly. Such updated plan shall--
(A) be informed by the operational plans of the combatant
commands and by the joint medical estimate under section 732
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1817);
(B) include a determination as to whether combat casualties
should receive medical care under the direct care or
purchased care component of the military health system and a
risk analysis in support of such determination;
(C) identify the manning levels required to furnish medical
care under the updated plan, including with respect to the
levels of military personnel, civilian employees of the
Department, and contractors of the Department; and
(D) include a cost estimate for the furnishment of such
medical care.
(2) Updated plan on global patient movement.--The Secretary
of Defense shall develop an updated plan on global patient
movement and update the Department of Defense Instruction
5154.06, relating to medical military treatment facilities
and patient movement (or such successor instruction)
accordingly. Such updated plan shall--
(A) be informed by the operational plans of the combatant
commands and by the joint medical estimate under section 732
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1817);
(B) include a risk assessment with respect to patient
movement compared against overall operational plans;
(C) include a description of any capabilities-based
assessment of the Department that informed the updated plan
or that was in progress during the time period in which the
updated plan was developed; and
(D) identify the manning levels, equipment and consumables,
and funding levels, required to carry out the updated plan.
(3) Assessment of biosurveillance and medical research
capabilities.--The Secretary of Defense shall conduct an
assessment of biosurveillance and medical research
capabilities of the Department of Defense. Such assessment
shall include the following:
(A) An identification of the location and strategic value
of the overseas medical laboratories and overseas medical
research programs of the Department.
(B) An assessment of the current capabilities of such
laboratories and programs with respect to force health
protection and evidence-based medical research.
(C) A determination as to whether such laboratories and
programs have the capabilities, including as a result of the
geographic location of such laboratories and programs, to
provide force health protection and evidence-based medical
research, including by actively monitoring for future
pandemics, infectious diseases, and other potential health
threats to members of the Armed Forces.
(D) The current capabilities, with respect to
biosurveillance and medical research, of the following
entities:
(i) The Army Medical Research Development Command.
(ii) The Navy Medical Research Command.
(iii) The Air Force Medical Readiness Agency.
(iv) The Walter Reed Army Institute of Research.
(v) The United States Army Medical Research Institute of
Infectious Disease.
(vi) The Armed Forces Health Surveillance Branch (including
the Global Emerging Infectious Surveillance program).
(vii) Such other entities as the Secretary may determine
appropriate.
(E) A determination as to whether the entities specified in
subparagraph (D) have the capabilities, including as a result
of the geographic location of the entity, to provide force
health protection and evidence-based medical research,
including by actively monitoring for future pandemics,
infectious diseases, and other potential health threats to
members of the Armed Forces.
(F) The current manning levels of the entities specified in
subparagraph (D), including an assessment of whether such
entities are manned at a level necessary to support the
missions of the combatant commands (including with respect to
missions related to pandemic influenza or homeland defense).
(G) The current funding levels of the entities specified in
subparagraph (D), including a risk assessment as to whether
such funding is sufficient to sustain the manning levels
necessary to support missions as specified in subparagraph
(F).
(4) Analysis of military health system organization.--The
Secretary of Defense shall conduct an analysis to determine
whether the current organizational structure of the military
health system allows for the implementation of the updated
plans under paragraphs (1) and (2) and of any recommendations
made by the Secretary as a result of the assessment under
paragraph (3). Such analysis shall include--
(A) an assessment of how the Secretary may leverage TRICARE
Regional Offices, TRICARE managed care support contractors,
and local or regional health care systems, to address any
potential gaps in the provision of medical care under the
military health system that may limit the progress of such
implementation or may arise as the result of such
implementation; and
(B) recommendations on any organizational changes to the
military health system that would be necessary for such
implementation.
(b) Interim Briefing.--Not later than April 1, 2022, the
Secretary of Defense, in coordination
[[Page H4659]]
with the Secretaries of the military departments and the
Chairman of the Joint Chiefs of Staff, shall provide to the
Committees on Armed Services of the House of Representatives
and the Senate an interim briefing on the progress of
implementation of the plans, assessment, and analysis
required under subsection (a).
(c) Report.--Not later than December 1, 2022, the Secretary
of Defense shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report
describing each updated plan, assessment, and analysis
required under subsection (a).
SEC. 726. STANDARDIZATION OF DEFINITIONS USED BY THE
DEPARTMENT OF DEFENSE FOR TERMS RELATED TO
SUICIDE.
(a) Standardization of Definitions.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense, in coordination with the Secretaries of the military
departments, shall develop standardized definitions for the
following terms:
(1) ``Suicide''.
(2) ``Suicide attempt''.
(3) ``Suicidal ideation''.
(b) Required Use of Standardized Definitions.--Not later
than 180 days after the date of the enactment of this Act,
the Secretary shall issue policy guidance requiring the
exclusive and uniform use across the Department of Defense
and within each military department of the standardized
definitions developed under subsection (a) for the terms
specified in such subsection.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report that sets forth the standardized
definitions developed under subsection (a) and includes--
(1) a description of the process that was used to develop
such definitions;
(2) a description of the methods by which data shall be
collected on suicide, suicide attempts, and suicidal
ideations (as those terms are defined pursuant to such
definitions) in a standardized format across the Department
and within each military department; and
(3) an implementation plan to ensure the use of such
definitions as required pursuant to subsection (b).
Subtitle C--Reports and Other Matters
SEC. 731. GRANT PROGRAM FOR INCREASED COOPERATION ON POST-
TRAUMATIC STRESS DISORDER RESEARCH BETWEEN
UNITED STATES AND ISRAEL.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense, acting through the Psychological
Health and Traumatic Brain Injury Research Program, should
seek to explore scientific collaboration between American
academic institutions and nonprofit research entities, and
Israeli institutions with expertise in researching,
diagnosing, and treating post-traumatic stress disorder.
(b) Grant Program.--The Secretary of Defense, in
coordination with the Secretary of State, shall award grants
to eligible entities to carry out collaborative research
between the United States and Israel with respect to post-
traumatic stress disorders. The Secretary of Defense shall
carry out the grant program under this section in accordance
with the agreement titled ``Agreement Between the Government
of the United States of America and the Government of Israel
on the United States-Israel Binational Science Foundation'',
dated September 27, 1972.
(c) Eligible Entities.--To be eligible to receive a grant
under this section, an entity shall be an academic
institution or a nonprofit entity located in the United
States.
(d) Award.--The Secretary shall award grants under this
section to eligible entities that--
(1) carry out a research project that--
(A) addresses a requirement in the area of post-traumatic
stress disorders that the Secretary determines appropriate to
research using such grant; and
(B) is conducted by the eligible entity and an entity in
Israel under a joint research agreement; and
(2) meet such other criteria that the Secretary may
establish.
(e) Application.--To be eligible to receive a grant under
this section, an eligible entity shall submit an application
to the Secretary at such time, in such manner, and containing
such commitments and information as the Secretary may
require.
(f) Gift Authority.--The Secretary may accept, hold, and
administer, any gift of money made on the condition that the
gift be used for the purpose of the grant program under this
section. Such gifts of money accepted under this subsection
shall be deposited in the Treasury in the Department of
Defense General Gift Fund and shall be available, subject to
appropriation, without fiscal year limitation.
(g) Reports.--Not later than 180 days after the date on
which an eligible entity completes a research project using a
grant under this section, the Secretary shall submit to
Congress a report that contains--
(1) a description of how the eligible entity used the
grant; and
(2) an evaluation of the level of success of the research
project.
(h) Termination.--The authority to award grants under this
section shall terminate on the date that is seven years after
the date on which the first such grant is awarded.
SEC. 732. PILOT PROGRAM ON CARDIAC SCREENING AT CERTAIN
MILITARY SERVICE ACADEMIES.
(a) Pilot Program.--The Secretary of Defense shall
establish a pilot program to furnish mandatory
electrocardiograms to candidates who are seeking admission to
a covered military service academy in connection with the
military accession screening process, at no cost to such
candidates.
(b) Scope.--The scope of the pilot program under subsection
(a) shall include at least 25 percent of the incoming class
of candidates who are seeking admission to a covered military
service academy during the first fall semester that follows
the date of the enactment of this Act, and the pilot program
shall terminate on the date on which the Secretary determines
the military accession screening process for such class has
concluded.
(c) Facilities.--In carrying out the pilot program under
subsection (a), the Secretary shall furnish each mandatory
electrocardiogram under the pilot program in a facility of
the Department of Defense, to the extent practicable, but may
furnish such electrocardiograms in a non-Department facility
as determined necessary by the Secretary.
(d) Report.--Not later than 180 days after the date on
which the pilot program under subsection (a) terminates, the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
pilot program. Such report shall include the following:
(1) The results of all electrocardiograms furnished to
candidates under the pilot program, disaggregated by military
service academy, race, and gender.
(2) The rate of significant cardiac issues detected
pursuant to electrocardiograms furnished under the pilot
program, disaggregated by military service academy, race, and
gender.
(3) The cost of carrying out the pilot program.
(4) The number of candidates, if any, who were disqualified
from admission based solely on the result of an
electrocardiogram furnished under the pilot program.
(e) Covered Military Service Academy Defined.--In this
section, the term ``covered military service academy'' does
not include the Untied States Coast Guard Academy or the
United States Merchant Marine Academy.
SEC. 733. PILOT PROGRAM ON CRYOPRESERVATION AND STORAGE.
(a) Pilot Program.--The Secretary of Defense shall
establish a pilot program to provide not more than 1,000
members of the Armed Forces serving on active duty with the
opportunity to cryopreserve and store their gametes prior to
deployment to a combat zone.
(b) Period.--
(1) In general.--The Secretary shall provide for the
cryopreservation and storage of gametes of a participating
member of the Armed Forces under subsection (a), at no cost
to the member, in a facility of the Department of Defense or
at a private entity pursuant to a contract under subsection
(d) until the date that is one year after the retirement,
separation, or release of the member from the Armed Forces.
(2) Continued cryopreservation and storage.--At the end of
the one-year period specified in paragraph (1), the Secretary
shall authorize an individual whose gametes were
cryopreserved and stored in a facility of the Department as
described in that paragraph to select, including pursuant to
an advance medical directive or military testamentary
instrument completed under subsection (c), one of the
following options:
(A) To continue such cryopreservation and storage in such
facility with the cost of such cryopreservation and storage
borne by the individual.
(B) To transfer the gametes to a private cryopreservation
and storage facility selected by the individual.
(C) To authorize the Secretary to dispose of the gametes of
the individual not earlier than the date that is 90 days
after the end of the one-year period specified in paragraph
(1) with respect to the individual.
(c) Advance Medical Directive and Military Testamentary
Instrument.--A member of the Armed Forces who elects to
cryopreserve and store their gametes under this section shall
complete an advance medical directive described in section
1044c(b) of title 10, United States Code, and a military
testamentary instrument described in section 1044d(b) of such
title, that explicitly specifies the use of their
cryopreserved and stored gametes if such member dies or
otherwise loses the capacity to consent to the use of their
cryopreserved and stored gametes.
(d) Agreements.--To carry out this section, the Secretary
may enter into agreements with private entities that provide
cryopreservation and storage services for gametes.
SEC. 734. PILOT PROGRAM ON ASSISTANCE FOR MENTAL HEALTH
APPOINTMENT SCHEDULING AT MILITARY MEDICAL
TREATMENT FACILITIES.
(a) Pilot Program.--The Secretary of Defense shall carry
out a pilot program to provide direct assistance for mental
health appointment scheduling at military medical treatment
facilities and clinics selected by the Secretary for
participation in the pilot program in a number determined by
the Secretary.
(b) Report.--Not later than 90 days after the date on which
the pilot program terminates, the Secretary shall submit to
the Committees on Armed Services of the House of
Representatives and the Senate a report on the pilot program.
Such report shall include an assessment of--
(1) the effectiveness of the pilot program with respect to
improved access to mental health appointments; and
(2) any barriers to scheduling mental health appointments
under the pilot program observed by health care professionals
or other individuals involved in scheduling such
appointments.
(c) Termination.--The authority to carry out the pilot
program under subsection (a) shall terminate on the date that
is one year after the commencement of the pilot program.
[[Page H4660]]
SEC. 735. PILOT PROGRAM ON ORAL REHYDRATION SOLUTIONS.
(a) Pilot Program.--The Secretary of Defense may carry out
a pilot program under which the Secretary shall furnish
medically approved oral rehydration solutions to members of
the Armed Forces.
(b) Distribution.--Oral rehydration solutions furnished
under the pilot program carried out pursuant to subsection
(a) shall be distributed to members of the Armed Forces at
the brigade level, through the Airborne and Ranger Training
Brigade, the Maneuver Center of Excellence of the Army, and
the United States Army Training and Doctrine Command. Such
distribution shall be carried out during a period of summer
months, as determined by the Secretary.
(c) Report.--Not later than 60 after the date of the
conclusion of the pilot program carried out pursuant to
subsection (a), the Secretary shall submit to the Committees
on Armed Services of the House of Representatives and the
Senate a report on the effectiveness of the oral rehydration
solutions furnished under the pilot program. Such report
shall include--
(1) all data tracking the prevention of heat casualties and
hyponatremia among participants under the pilot program; and
(2) any other benefits realized under the pilot program,
including benefits related to cost savings, readiness, or
wellness of members of the Armed Forces.
SEC. 736. AUTHORIZATION OF PILOT PROGRAM TO SURVEY ACCESS TO
MENTAL HEALTH CARE UNDER MILITARY HEALTH
SYSTEM.
(a) Findings; Sense of Congress.--
(1) Findings.--Congress finds that--
(A) there is a connection between stigma, mental health
care access, and death by suicide; and
(B) current command climate surveys lack sufficient
questions regarding mental health stigma.
(2) Sense of congress.--It is the sense of Congress that--
(A) military research and research of the Department of
Veterans Affairs significantly contribute to overall health
care research useful for all individuals; and
(B) command climate surveys provide an important function
for ensuring safe command environments.
(b) Authorization of Pilot Program to Survey Access to
Mental Health Care Under Military Health System.--
(1) Pilot program authorized.--The Secretary of Defense may
carry out a pilot program to survey access to mental health
care under the military health system.
(2) Elements.--In carrying out a pilot program pursuant to
paragraph (1), the Secretary shall ensure that an adequate
number of command climate surveys that include questions on
access to mental health care under the military health system
are administered to a representative sample of active duty
members of the Armed Forces across each military department.
Such questions shall be developed by the survey administrator
of the Defense Organizational Climate Survey and shall
address, at a minimum, the following matters:
(A) The perceived ability of the respondent to access
mental health care under the military health system.
(B) Whether the respondent has previously been prohibited
from, or advised against, accessing such care.
(C) Any overall stigma perceived by the respondent with
respect to such care.
(D) The belief of the respondent that receiving care from a
mental health care provider may harm the career, or the
ability to obtain a security clearance, of the respondent.
(E) The belief of the respondent that receiving a mental
health diagnosis may harm the career, or the ability to
obtain a security clearance, of the respondent.
(3) Termination.--The authority to carry out a pilot
program under paragraph (1) shall terminate on September 1,
2023.
(4) Report.--Not later than 90 days after the date on which
a pilot program carried out pursuant to paragraph (1)
terminates, the Secretary shall submit to the Committees on
Armed Services of the House of Representatives and the Senate
a report on the results of the updated surveys administered
pursuant to the pilot program.
(c) Definitions.--In this section, the terms ``active
duty'', ``Armed Forces'', and ``military departments'' have
the meanings given those terms in section 101 of title 10,
United States Code.
SEC. 737. PROHIBITION ON AVAILABILITY OF FUNDS FOR RESEARCH
CONNECTED TO CHINA.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2022 for the Department of Defense may be
obligated or expended--
(1) to conduct research in China, including biomedical,
infectious disease, gene editing, genetics, virus, or
military medical research, whether directly or through a
third-party entity; or
(2) to provide funds for research, including biomedical,
infectious disease, gene editing, genetics, virus, or
military medical research, to any entity determined by the
Secretary of Defense to be owned or controlled, directly or
indirectly, by China;
(b) Waiver.--The Secretary of Defense may waive a
prohibition under subsection (a) if the Secretary--
(1) determines that the waiver is in the national security
interests of United States; and
(2) not later than 14 days after granting the waiver,
submits to the congressional defense committees a detailed
justification for the waiver, including--
(A) an identification of the Department of Defense entity
obligating or expending the funds;
(B) an identification of the amount of such funds;
(C) an identification of the intended purpose of such
funds;
(D) an identification of the recipient or prospective
recipient of such funds (including any third-party entity
recipient, as applicable);
(E) an explanation for how the waiver is in the national
security interests of the United States; and
(F) any other information the Secretary determines
appropriate.
SEC. 738. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE
COMPREHENSIVE AUTISM CARE DEMONSTRATION
PROGRAM.
(a) Agreement.--
(1) In general.--The Secretary of Defense shall seek to
enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine (in this section referred
to as the ``National Academies'') for the National Academies
to carry out the activities described in subsections (b) and
(c).
(2) Timing.--The Secretary shall seek to enter into the
agreement described in paragraph (1) not later than 60 days
after the date of the enactment of this Act.
(b) Analysis by the National Academies.--
(1) Analysis.--Under an agreement between the Secretary and
the National Academies entered into pursuant to subsection
(a), the National Academies shall conduct an analysis of the
effectiveness of the Department of Defense Comprehensive
Autism Care Demonstration program (in this section referred
to as the ``demonstration program'') and develop
recommendations for the Secretary based on such analysis.
(2) Elements.--The analysis conducted and recommendations
developed under paragraph (1) shall include the following:
(A) An assessment of the Pervasive Developmental
Disabilities Behavior Inventory as a measure to assist in the
assessment of domains related to autism spectrum disorder,
and a determination as to whether the Secretary is applying
such inventory appropriately under the demonstration project.
(B) An assessment of the methods used under the
demonstration project to measure the effectiveness of applied
behavior analysis in the treatment of autism spectrum
disorder.
(C) A review of any guidelines or industry standards of
care adhered to in the provision of applied behavior analysis
services under the demonstration program, including a review
of the effects of such adherence with respect to dose-
response or expected health outcomes for an individual who
has received such services.
(D) A review of the expected health outcomes for an
individual who has received applied behavior analysis
treatments over time.
(E) An analysis of the increased utilization of the
demonstration program by beneficiaries under the TRICARE
program, to improve understanding of such utilization.
(F) Such other analyses to measure the effectiveness of the
demonstration program as may be determined appropriate by the
National Academies.
(G) An analysis on whether the incidence of autism is
higher among the children of military families.
(H) The development of a list of findings and
recommendations related to the measurement, effectiveness,
and increased understanding of the demonstration program and
its effect on beneficiaries under the TRICARE program.
(c) Report.--Under an agreement entered into between the
Secretary and the National Academies under subsection (a),
the National Academies, not later than nine months after the
date of the execution of the agreement, shall--
(1) submit to the congressional defense committees a report
on the findings of the National Academies with respect to the
analysis conducted and recommendations developed under
subsection (b); and
(2) make such report available on a public website in
unclassified form.
SEC. 739. INDEPENDENT REVIEW OF SUICIDE PREVENTION AND
RESPONSE AT MILITARY INSTALLATIONS.
(a) Establishment of Committee.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense shall establish an independent suicide prevention and
response review committee.
(b) Membership.--The committee established under subsection
(a) shall be composed of not fewer than five individuals--
(1) designated by the Secretary;
(2) with expertise determined to be relevant by the
Secretary, including at least one individual who is an
experienced provider of mental health services and at least
one individual who is an experienced criminal investigator;
(3) none of whom may be a member of an Armed Force or a
civilian employee of the Department of Defense.
(c) Selection of Military Installations.--The Secretary
shall select, for review by the committee established under
subsection (a), not fewer than three military installations
that have a higher-than-average incidence of suicide by
members of the Armed Forces serving at the installation. The
Secretary shall ensure that at least one of the installations
selected under this subsection is a remote installation of
the Department of Defense located outside the contiguous
United States.
(d) Duties.--The committee established under subsection (a)
shall review the suicide prevention and response programs and
other factors that may contribute to the incidence or
prevention of suicide at the military installations selected
for review pursuant to subsection (c). Such review shall be
conducted through means including--
(1) a confidential survey;
(2) focus groups; and
[[Page H4661]]
(3) individual interviews.
(e) Coordination.--In carrying out this section, the
Secretary shall ensure that the Director of the Office of
People Analytics of the Department of Defense and the
Director of the Office of Force Resiliency of the Department
of Defense coordinate and cooperate with the committee
established under subsection (a).
(f) Reports.--
(1) Initial report.--Not later than 270 days after the
establishment of the committee under subsection (a), the
committee shall submit to the Secretary a report containing
the results of the reviews conducted by the committee and
recommendations of the committee to reduce the incidence of
suicide at the military installations reviewed.
(2) Report to congress.--Not later than 330 days after the
establishment of the committee under subsection (a), the
committee shall submit to the Committees on Armed Services of
the House of Representatives and the Senate the report under
paragraph (1).
SEC. 740. FEASIBILITY AND ADVISABILITY STUDY ON ESTABLISHMENT
OF AEROMEDICAL SQUADRON AT JOINT BASE PEARL
HARBOR-HICKAM.
(a) Study.--Not later than April 1, 2022, the Secretary of
Defense, in consultation with the Chief of the National Guard
Bureau and the Director of the Air National Guard, shall
complete a study on the feasibility and advisability of
establishing at Joint Base Pearl Harbor-Hickam an aeromedical
squadron of the Air National Guard in Hawaii to support the
aeromedical mission needs of the State of Hawaii and the
United States Indo-Pacific Command.
(b) Elements.--The study under subsection (a) shall assess
the following:
(1) The manpower required for the establishment of an
aeromedical squadron of the Air National Guard in Hawaii as
specified in subsection (a).
(2) The overall cost of such establishment.
(3) The length of time required for such establishment.
(4) The mission requirements for such establishment.
(5) Such other matters as may be determined relevant by the
Secretary.
(c) Submission to Congress.--Not later than April 1, 2022,
the Secretary shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a
report containing the findings of the feasibility and
advisability study under subsection (a), including with
respect to each element specified in subsection (b).
SEC. 741. PLAN TO ADDRESS FINDINGS RELATED TO ACCESS TO
CONTRACEPTION FOR MEMBERS OF THE ARMED FORCES.
(a) Plan Required.--The Secretary of Defense (in
coordination with the Secretaries of the military
departments) shall develop and implement a plan to address
the findings of the report of the Department of Defense on
the status of implementation of guidance for ensuring access
to contraception published in response to pages 155 through
156 of the report of the Committee on Armed Services of the
House of Representatives accompanying H.R. 6395 of the 116th
Congress (H. Rept. 116-617).
(b) Elements.--The plan under subsection (a) shall
address--
(1) the barriers and challenges to implementation
identified in the report of the Department specified in such
subsection; and
(2) the inability of certain members of the Armed Forces to
access their preferred method of contraception and have
ongoing access during deployment.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report on the plan
under subsection (a) and any progress made pursuant to such
plan.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(2) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 742. GAO BIENNIAL STUDY ON INDIVIDUAL LONGITUDINAL
EXPOSURE RECORD PROGRAM.
(a) Studies and Reports Required.--Not later than December
31, 2022, and once every two years thereafter until December
31, 2030, the Comptroller General of the United States
shall--
(1) conduct a study on the implementation and effectiveness
of the Individual Longitudinal Exposure Record program of the
Department of Defense and the Department of Veterans Affairs;
and
(2) submit to the appropriate congressional committees a
report containing the findings of the most recently conducted
study.
(b) Elements.--The biennial studies under subsection (a)
shall include an assessment of elements as follows:
(1) Initial study.--The initial study conducted under
subsection (a) shall assess, at a minimum, the following:
(A) Statistics relating to use of the Individual
Longitudinal Exposure Record program, including the total
number of individuals the records of whom are contained
therein and the total number of records accessible under the
program.
(B) Costs associated with the program, including any cost
overruns associated with the program.
(C) The capacity to expand the program to include the
medical records of veterans who served prior to the
establishment of the program.
(D) Any illness recently identified as relating to a toxic
exposure (or any guidance relating to such an illness
recently issued) by either the Secretary of Defense or the
Secretary of Veterans Affairs, including any such illness or
guidance that relates to open burn pit exposure.
(E) How the program has enabled (or failed to enable) the
discovery, notification, and medical care of individuals
affected by an illness described in subparagraph (D).
(F) Physician and patient feedback on the program,
particularly feedback that relates to ease of use.
(G) Cybersecurity and privacy protections of patient data
stored under the program, including whether any classified or
restricted data has been stored under the program (such as
data relating to deployment locations or duty stations).
(H) Any technical or logistical impediments to the
implementation or expansion of the program, including any
impediments to the inclusion in the program of databases or
materials originally intended to be included.
(I) Any issues relating to read-only access to data under
the program by veterans.
(J) Any issues relating to the interoperability of the
program between the Department of Defense and the Department
of Veterans Affairs.
(2) Subsequent studies.--Except as provided in paragraph
(3), each study conducted under subsection (a) following the
initial study specified in paragraph (1) shall assess--
(A) statistics relating to use of the Individual
Longitudinal Exposure Record program, including the total
number of individuals the records of whom are contained
therein and the total number of records accessible under the
program; and
(B) such other elements as the Comptroller General
determines appropriate, which may include any other element
specified in paragraph (1).
(3) Final study.--The final study conducted under
subsection (a) shall assess--
(A) the elements specified in subparagraphs (A), (B), (D),
(E), (F), and (H) of paragraph (1); and
(B) such other elements as the Comptroller General
determines appropriate, which may include any other element
specified in paragraph (1).
(c) Access by Comptroller General.--
(1) Information and materials.--Upon request of the
Comptroller General, the Secretary of Defense and the
Secretary of Veterans Affairs shall make available to the
Comptroller General any information or other materials
necessary for the conduct of each biennial study under
subsection (a).
(2) Interviews.--In addition to such other authorities as
are available, the Comptroller General shall have the right
to interview officials and employees of the Department of
Defense and the Department of Veterans Affairs (including
clinicians, claims adjudicators, and researchers) as
necessary for the conduct of each biennial study under
subsection (a).
(3) Information from patients and former patients.--
(A) Development of questionnaire.--In carrying out each
biennial study under subsection (a), the Comptroller General
may develop a questionnaire for individuals the records of
whom are contained in the Individual Longitudinal Exposure
Record, to obtain the information necessary for the conduct
of the study.
(B) Distribution.--The Secretary concerned shall ensure
that any questionnaire developed pursuant to subparagraph (A)
is distributed to individuals the records of whom are
contained in the Individual Longitudinal Exposure Record.
(d) Definitions.--In this Act:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate.
(2) The term ``Secretary concerned'' means--
(A) the Secretary of Defense, with respect to matters
concerning the Department of Defense; and
(B) the Secretary of Veterans Affairs, with respect to
matters concerning the Department of Veterans Affairs.
SEC. 743. GAO STUDY ON EXCLUSION OF CERTAIN REMARRIED
INDIVIDUALS FROM MEDICAL AND DENTAL COVERAGE
UNDER TRICARE PROGRAM.
(a) GAO Study.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the purpose and effects of limiting
medical and dental coverage under the TRICARE program to
exclude remarried widows, widowers, and former spouses of
members or former members of the uniformed services.
(2) Elements.--The study under paragraph (1) shall include
the following:
(A) A census of the widows and widowers who currently
qualify as a dependent under the TRICARE program pursuant to
subparagraph (B) or (C) of section 1072(2) of title 10,
United States Code.
(B) A census of the former spouses who currently qualify as
a dependent under the TRICARE program pursuant to
subparagraph (F), (G), or (H) of such section.
(C) An identification of the number of such widows,
widowers, and former spouses who intend to remarry, and an
assessment of whether potential loss of coverage under the
TRICARE program has affected the decisions of such
individuals to remarry or remain unremarried.
(D) An assessment of the effect, if any, on the military
and local communities of an individual who formerly qualified
as a dependent under the TRICARE program by reason of being
an unremarried widow, widower, or former spouse, as specified
in section 1072(2) of title 10, United States Code, when the
individual remarries and loses such coverage.
(E) A cost analysis of the expansion of medical and dental
coverage under the TRICARE program to include remarried
individuals who, but for their remarried status, would
otherwise qualify as a dependent under such program.
[[Page H4662]]
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit
to the Committees on Armed Services of the House of
Representatives and the Senate a report containing--
(1) the findings and conclusions of the study under
subsection (a); and
(2) recommendations based on such findings and conclusions
to improve the dependent categories specified in section
1072(2) of title 10, United States Code, including with
respect to whether remarried widows, widowers, and former
spouses of members or former members of the uniformed
services should remain excluded from coverage under the
TRICARE program pursuant to such section.
(c) Definitions.--In this section, the terms ``dependent''
and ``TRICARE program'' have the meanings given such terms in
section 1072 of title 10, United States Code.
SEC. 744. STUDY ON JOINT FUND OF THE DEPARTMENT OF DEFENSE
AND THE DEPARTMENT OF VETERANS AFFAIRS FOR
FEDERAL ELECTRONIC HEALTH RECORD MODERNIZATION
OFFICE.
(a) Study.--The Secretary of Defense, in coordination with
the Secretary of Veterans Affairs, shall conduct a study on--
(1) the development of a joint fund of the Department of
Defense and the Department of Veterans Affairs for the
Federal Electronic Health Record Modernization Office; and
(2) the operations of the Federal Electronic Health Record
Modernization Office since its establishment, including how
the Office has supported the implementation of the Individual
Longitudinal Exposure Record program of the Department of
Defense and the Department of Veterans Affairs.
(b) Elements.--The study under subsection (a) shall assess
the following:
(1) Justifications for the development of the joint fund.
(2) Options for the governance structure of the joint fund,
including how accountability would be divided between the
Department of Defense and the Department of Veterans Affairs.
(3) An estimated timeline for implementation of the joint
fund.
(4) The anticipated contents of the joint fund, including
the anticipated process for annual transfers to the joint
fund from the Department of Defense and the Department of
Veterans Affairs, respectively.
(5) The progress and accomplishments of the Federal
Electronic Health Record Modernization Office during fiscal
year 2021 in fulfilling the purposes specified in
subparagraphs (C) through (R) of section 1635(b)(2) of the
Wounded Warrior Act (title XVI of Public Law 110-181; 10
U.S.C. 1071 note).
(6) The role and contributions of the Federal Electronic
Health Record Modernization Office with respect to--
(A) the current implementation of the Electronic Health
Record Modernization Program at the Mann-Grandstaff
Department of Veterans Affairs Medical Center located in
Spokane, Washington; and
(B) the strategic review of the Electronic Health Record
Modernization Program conducted by the Department of Veterans
Affairs.
(7) How dedicated funding for the Federal Electronic Health
Record Modernization Office would have affected or altered
the role and contributions specified in paragraph (6).
(8) An estimated timeline for the completion of the
implementation milestones under section 1635(e) of the
Wounded Warrior Act (title XVI of Public Law 110-181; 10
U.S.C. 1071 note), taking into account delays in the
implementation of the Electronic Health Record Modernization
Program.
(c) Report.--Not later than April 1, 2022, the Secretary of
Defense, in coordination with the Secretary of Veterans
Affairs, shall submit to the appropriate congressional
committees a report on the findings of the study under
subsection (a), including recommendations on the development
of the joint fund specified in such subsection. Such
recommendations shall address--
(1) the purpose of the joint fund; and
(2) requirements related to the joint fund.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committees on Armed Services of the House of
Representatives and the Senate; and
(B) the Committees on Veterans' Affairs of the House of
Representatives and the Senate.
(2) The term ``Electronic Health Record Modernization
Program'' has the meaning given such term in section 503(e)
of the Veterans Benefits and Transition Act of 2018 (Public
Law 115-407; 132 Stat. 5376).
(3) The term ``Federal Electronic Health Record
Modernization Office'' means the Office established under
section 1635(b) of the Wounded Warrior Act (title XVI of
Public Law 110-181; 10 U.S.C. 1071 note).
SEC. 745. BRIEFING ON DOMESTIC PRODUCTION OF CRITICAL ACTIVE
PHARMACEUTICAL INGREDIENTS.
Not later than April 1, 2022, the Secretary of Defense
shall provide to the Committees on Armed Services of the
House of Representatives and the Senate a briefing on the
development of a domestic production capability for critical
active pharmaceutical ingredients and drug products in
finished dosage form. Such briefing shall include a
description of the following:
(1) The anticipated cost over the period covered by the
most recent future-years defense program submitted under
section 221 of title 10, United States Code (as of the date
of the briefing), to develop a domestic production capability
for critical active pharmaceutical ingredients.
(2) The cost of producing critical active pharmaceutical
ingredients through such a domestic production capability, as
compared with the cost of standard manufacturing processes
used by the pharmaceutical industry.
(3) The average time to produce critical active
pharmaceutical ingredients through such a domestic production
capability, as compared with the average time to produce such
ingredients through standard manufacturing processes used by
the pharmaceutical industry.
(4) Any intersections between the development of such a
domestic production capability, the military health system,
and defense-related medical research or operational medical
requirements.
(5) Lessons learned from the progress made in developing
such a domestic production capability as of the date of the
briefing, including from any contracts entered into by the
Secretary with respect to such a domestic production
capability.
(6) Any critical active pharmaceutical ingredients that are
under consideration by the Secretary for future domestic
production as of the date of the briefing.
(7) The plan of the Secretary regarding the future use of
domestic production capability for critical active
pharmaceutical ingredients.
SEC. 746. BRIEFING ON ANOMALOUS HEALTH INCIDENTS INVOLVING
MEMBERS OF THE ARMED FORCES.
(a) Briefing.--Not later than March 1, 2022, the Secretary
of Defense shall provide to the appropriate congressional
committees a briefing on anomalous health incidents affecting
members of the Armed Forces and civilian employees of the
Department of Defense, any ongoing efforts carried out by the
Secretary to protect such members and employees from the
effects of anomalous health incidents, and the extent and
nature of engagement by the Secretary with the heads of other
Federal departments and agencies regarding anomalous health
incidents affecting the employees of such other departments
and agencies.
(b) Matters.--The briefing provided under subsection (a)
shall include, at a minimum, the following:
(1) Information on cases of confirmed or suspected
anomalous health incidents affecting members of the Armed
Forces or civilian employees of the Department.
(2) An update on the strategy of the Department to protect
such members and employees from the effects of anomalous
health incidents, including any efforts carried out by the
Secretary to ensure that--
(A) suspected anomalous health incidents are promptly
reported; and
(B) victims of anomalous health incidents are provided
immediate and long-term medical treatment.
(3) The current efforts of the Department to contribute to
the overall approach of the U.S. Government to address,
prevent, and respond to, anomalous health incidents,
including such contributed efforts of the Department to
defend against anomalous health incident attacks against
personnel of the U.S. Government and United States citizens.
(4) The current efforts of the Department to prepare
members of the Armed Forces and civilian employees of the
Department for the effects of anomalous health incidents,
including prior to deployment.
(5) Recommendations on how to improve the identification
and reporting of anomalous health incidents affecting such
members and employees, including a recommendation on whether
to conduct a health assessment prior to the deployment of
such members or employees if the prospective deployment is to
an embassy of the United States (or to another location that
the Secretary determines may present a heightened risk of
anomalous health incidents), to establish a medical baseline
against which medical data of the member or employee may be
compared following a suspected anomalous health incident.
(6) An identification by the Secretary of a senior official
of the Department who has been designated by the Secretary as
the official with principal responsibility for leading the
efforts of the Department regarding anomalous health
incidents (and related issues within the Department) and for
coordinating with the heads of other Federal departments and
agencies regarding such incidents and related issues.
(c) Senate Confirmation of Responsible Individual.--If the
designated senior official identified pursuant to subsection
(b)(6) has not been appointed by and with the advice and
consent of the Senate, the Secretary shall ensure that the
principal responsibility for the actions specified in such
subsection is transferred to a senior official of the
Department who has been so appointed.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Oversight and Reform, and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on Commerce, Science, and Transportation of the Senate.
SEC. 747. SENSE OF CONGRESS ON NATIONAL WARRIOR CALL DAY.
(a) Findings.--Congress finds the following:
(1) Establishing an annual ``National Warrior Call Day''
will draw attention to those members of the Armed Forces
whose connection to one another is key to our veterans and
first responders who may be dangerously disconnected from
family, friends, and support systems.
(2) The number of suicides of members of the Armed Forces
serving on active duty increased to 377 in 2020, a figure up
from 348 the previous year.
(3) The epidemic of veteran suicide has steadily increased
since 2014 with 6,435 veterans taking their own lives in
2018.
(4) After adjusting for sex and age, the rate of veteran
suicide in 2018 was 27.5 per 100,000 individuals, higher than
the rate among all United States adults at 18.3.
[[Page H4663]]
(5) More veterans have died by suicide in the last 10 years
than members of the Armed Forces who died from combat in
Vietnam.
(6) Roughly two-thirds of these veterans who take their own
lives have had no contact with the Department of Veterans
Affairs.
(7) The COVID-19 pandemic has only increased isolation and
disconnection, further exacerbating mental and physical
ailments such as post-traumatic stress disorder and traumatic
brain injury.
(8) The Centers for Disease Control and Prevention note
that law enforcement officers and firefighters are more
likely to die by suicide than in the line of duty, and
emergency medical services providers are 1.39 times more
likely to die by suicide than members of the general public.
(9) Invisible wounds linked to an underlying and
undiagnosed traumatic brain injury can mirror many mental
health conditions, a problem that can be addressed through
connections to members of the Armed Forces and veterans who
can better identify and address these wounds.
(10) Urgent research is needed to highlight the connection
between traumatic brain injury as a root cause of invisible
wounds and suicide by members of the Armed Forces and
veterans.
(b) Sense of Congress.--It is the sense of Congress that
Congress--
(1) supports the designation of a ``National Warrior Call
Day'';
(2) encourages all Americans, especially members of the
Armed Forces serving on active duty and veterans, to call up
a warrior, have an honest conversation, and connect them with
support, understanding that making a warrior call could save
a life; and
(3) implores all Americans to recommit themselves to
engaging with members of the Armed Forces through ``National
Warrior Call Day'' and constructive efforts that result in
solutions and treatment for the invisible scars they carry.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. ACQUISITION WORKFORCE EDUCATIONAL PARTNERSHIPS.
(a) In General.--Subchapter IV of chapter 87 of title 10,
United States Code, is amended by inserting after section
1746 the following new section:
``Sec. 1746a. Acquisition workforce educational partnerships
``(a) Establishment.--The Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition and
Sustainment, shall establish a program within Defense
Acquisition University to--
``(1) facilitate the engagement of experts in instructional
design from participants in the acquisition research
organization established under section 2361a with the faculty
of the Defense Acquisition University to organize and adjust
the curriculum of the Defense Acquisition University, as
appropriate, to ensure that--
``(A) the curriculum accords with the educational framework
commonly known as Bloom's taxonomy;
``(B) classes are composed of students from diverse
positions in the acquisition workforce; and
``(C) higher level classes require students to create
solutions to operational challenges related to acquisition
policy reform through human-centered design projects;
``(2) in coordination with the Office of Human Capital
Initiatives, facilitate the retention of critical members of
the acquisition workforce by providing academic advising with
respect to classes offered by the Defense Acquisition
University to both members of the acquisition workforce and
the supervisors of the members to ensure that each member
takes the classes that are suited to the experience level,
position, and professional development of such member;
``(3) partner with extramural institutions to offer
training to all members of the acquisition workforce
addressing operational challenges that affect procurement
decision-making, including training on--
``(A) intellectual property and data rights negotiations;
``(B) the effects of climate change and the need to invest
in mitigating such effects throughout the full life cycle of
a project;
``(C) partnering with contractors and other suppliers to
attract new companies with emerging technologies and to
ensure supply chain resiliency; and
``(D) enabling rapid and efficient procurement of
technologies in a manner that permits quick response to
technological changes;
``(4) support the partnerships between the Department of
Defense and extramural institutions with missions relating to
the training and development of members of the acquisition
workforce;
``(5) accelerate the adoption of flexible contracting
techniques by the acquisition workforce by expanding the
availability of training on such techniques and incorporating
such training into the curriculum of the Defense Acquisition
University, including partnering with extramural institutions
to expand the availability of training related to transaction
authorities under sections 2371 and 2371b to attorneys and
technical specialists; and
``(6) enhance the reputation of the faculty of the Defense
Acquisition University by--
``(A) building partnerships between the faculty of the
Defense Acquisition University and participants in the
activity established under section 2361a; and
``(B) supporting the preparation and drafting of the
reports required under subsection (f)(2).
``(b) Curriculum Adjustments.--Not later than the date that
is one year after the date of the enactment of this section,
the President of the Defense Acquisition University shall
reorganize and adjust the curriculum of the Defense
Acquisition University, as appropriate, to comply with the
criteria described in subparagraphs (A), (B), and (C) of
subsection (a)(1).
``(c) Program Director of Strategic Partnerships.--
``(1) Establishment.--There is established in the Office of
the President of the Defense Acquisition University the
position of Program Director of Strategic Partnerships.
``(2) Duties.--The Program Director of Strategic
Partnerships shall establish, develop, and maintain
partnerships between the Defense Acquisition University and
extramural institutions.
``(3) Appointment.--
``(A) In general.--The President of the Defense Acquisition
University shall appoint the Program Director of Strategic
Partnerships.
``(B) Initial appointment.--Not later than 180 days after
the enactment of this section, the President of the Defense
Acquisition University shall appoint a Program Director of
Strategic Partnerships.
``(d) Implementation.--
``(1) Support from other department of defense
organizations.--The Secretary of Defense may direct other
elements of the Department of Defense to provide personnel,
resources, and other support to the program established under
this section, as the Secretary determines appropriate.
``(2) Implementation plan.--
``(A) In general.--Not later than one year after the date
of the enactment of this section, the President of the
Defense Acquisition University shall submit to the
congressional defense committees a plan for implementing the
program established under this section.
``(B) Elements.--The plan required under subparagraph (A)
shall include the following:
``(i) Plans that describe any support that will be provided
for the program by other elements of the Department of
Defense under paragraph (1).
``(ii) Plans for the implementation of the program,
including plans for--
``(I) future funding and administrative support of the
program;
``(II) integration of the program into the programming,
planning, budgeting, and execution process of the Department
of Defense;
``(III) integration of the program with the other programs
and initiatives within the Department relating to innovation
and outreach to the academic and the private sector; and
``(IV) performance indicators by which the program will be
assessed and evaluated.
``(iii) A description of any additional authorities the
Secretary of Defense may require to carry out the
responsibilities under this section.
``(e) Funding.--Subject to the availability of
appropriations, the Under Secretary of Defense for
Acquisition and Sustainment may use amounts available in the
Defense Acquisition Workforce and Development Account (as
established under section 1705) to carry out the requirements
of this section.
``(f) Annual Reports.--
``(1) In general.--Not later than September 30, 2022, and
annually thereafter, the President of the Defense Acquisition
University shall submit to the Secretary of Defense and the
congressional defense committees a report describing the
activities conducted under this section during the one-year
period ending on the date on which such report is submitted.
``(2) Faculty reports.--
``(A) In general.--Except as provided in subparagraph (C),
not later than six months after the date of the enactment of
this section, and not later than March 1 of each year
thereafter, each individual employed by the Defense
Acquisition University as a full-time professor, instructor,
or lecturer and each group created under subparagraph (B)
shall submit to the congressional defense committees a report
on the area of Federal acquisition expertise of such
individual or group, including--
``(i) developments in such area during the one-year ending
on the date on which the report is submitted; and
``(ii) suggested legislative and regulatory reforms.
``(B) Group determinations.--The President of the Defense
Acquisition University may group together individuals
described in subparagraph (A) that the President of the
Defense Acquisition University determines to be experts in
the same or substantially overlapping areas of Federal
acquisition.
``(C) Individual report exception.--Subparagraph (A) shall
not apply with respect to an individual that is a member of a
group created under subparagraph (B) for any year in which
such group submits a report under this paragraph to which
such individual contributed as a member of such group.
``(g) Exemption to Report Termination Requirements.--
Section 1080(a) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1000; 10
U.S.C. 111 note), as amended by section 1061(j) of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2405; 10 U.S.C. 111 note),
does not apply with respect to the reports required to be
submitted to Congress under this section.
``(h) Definitions.--In this section:
``(1) Acquisition workforce.--The term `acquisition
workforce' has the meaning given such term in section
1705(g).
``(2) Extramural institutions.--The term `extramural
institutions' means participants in an activity established
under section 2361a, public sector organizations, and
nonprofit credentialing organizations.
``(3) Human-centered design.--The term `human-centered
design' means a solution to a problem that is based on a
problem-solving approach under which the individual or entity
seeking to solve the problem--
``(A) develops an understanding of the problem primarily by
interacting with individuals who are experiencing the
problem;
[[Page H4664]]
``(B) creates solutions to the problem that are based on
such understanding and which are designed to address the
needs of such individuals with respect to the problem; and
``(C) involves such individuals in the development and
testing of such solutions.
``(4) Nonprofit credentialing organization.--The term
`nonprofit credentialing organization' means a nonprofit
organization that offers a credentialing program that--
``(A) is accredited by a nationally-recognized, third-party
personnel certification program accreditor;
``(B)(i) is sought or accepted by employers within the
industry or sector involved as a recognized, preferred, or
required credential for recruitment, screening, hiring,
retention, or advancement purposes; and
``(ii) where appropriate, is endorsed by a nationally-
recognized trade association or organization representing a
significant part of the industry or sector; or
``(C) meets credential standards of a Federal agency.
``(5) Technical specialist.--The term `technical
specialist' means an individual who is authorized by the
Secretary of Defense or a Secretary of a military department
to enter into agreements under the authority of section 2371
or 2371b and is not otherwise authorized to enter into
procurement contracts or cooperative agreements.''.
(b) Clerical Amendment.--The table of sections for
subchapter IV of chapter 87 of title 10, United States Code,
is amended by inserting after the item relating to section
1746 the following new item:
``1746a. Acquisition workforce educational partnerships.''.
SEC. 802. SPECIAL EMERGENCY REIMBURSEMENT AUTHORITY.
(a) In General.--Subchapter II of chapter 134 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2265. Special emergency reimbursement authority
``(a) Special Emergency Reimbursement Authority.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of Defense may, in accordance with
paragraph (2) and subsection (c), modify the terms and
conditions of a covered contract, without consideration, to
reimburse a contractor for the cost of any paid leave,
including sick leave, that such contractor provides to the
employees of such contractor or employees of subcontractors
(at any tier) of such contractor in response to a covered
emergency to keep such employees or subcontractors in a ready
state with respect to such covered contract.
``(2) Reimbursement requirements.--
``(A) Eligible employee and subcontract costs.--
Reimbursements under this subsection may be made only with
respect to employees of a contractor or employees of
subcontractors (at any tier) of a contractor which, for the
relevant covered contract--
``(i) are unable to perform work on a covered site due to
facility closures or other restrictions; and
``(ii) cannot telework because the duties of such employee
or contractor cannot be performed remotely.
``(B) Average hours.--The number of hours of paid leave for
which the cost may be reimbursement under this subsection may
not exceed an average of 40 hours per week per employee
described in subparagraph (A).
``(C) Bill rate.--The minimum applicable contract billing
rate under the relevant covered contract shall be used to
calculate reimbursements under this subsection.
``(b) Enhanced Reimbursement for Small Business
Contractors.--
``(1) In general.--In addition to any reimbursement under
subsection (a), the Secretary of Defense may, in accordance
with paragraph (2) and subsection (c), modify the terms and
conditions of a covered contract, without consideration, to
reimburse a small business contractor for costs, other than
costs reimbursable under subsection (a), that are direct
costs of a covered emergency with respect to which
reimbursement is permitted under subsection (a).
``(2) Limitations.--The Secretary of Defense may reimburse
a small business contractor under this subsection to the
extent that the relevant contracting officer determines in
writing that--
``(A) such reimbursement is necessary to ensure the
continuation of contractor performance during, or the
resumption of contractor performance after, the covered
emergency;
``(B) the small business contractor mitigated the costs
that may be reimbursed under this subsection to the extent
practicable; and
``(C) it is in the best interest of the United States to
reimburse such costs.
``(c) Reimbursement Conditions.--
``(1) Cost identification.--A cost is eligible for
reimbursement under subsection (a) or (b) only if the
relevant contracting officer determines that the records of
the contractor to identify such cost as a cost described in
either such subsection such that such contracting officer may
audit such cost.
``(2) Other federal benefit offset.--
``(A) In general.--Any reimbursement under subsection (a)
or (b) shall be reduced by an amount equal to the total
amount of any other Federal payment, allowance, or tax or
other credit received for a cost that is reimbursable under
such subsection.
``(B) Notification.--A contractor that receives a payment,
allowance, or credit described in subparagraph (A) for a cost
which such contractor seeks reimbursement under subsection
(a) or (b) shall submit to the relevant contracting officer a
notice of the receipt of such payment, allowance, or credit--
``(i) prior to the execution of a contract modification
providing such reimbursement; and
``(ii) not later than 30 days after such receipt.
``(C) Post reimbursement.--A contractor that receives a
payment, allowance, or credit described in subparagraph (A)
for a cost after the execution of a contract modification
under subsection (a) or (b) reimbursing such cost, or that is
unable to provide the notice required under subparagraph (B)
in accordance with clause (i) of such subparagraph, shall--
``(i) not later than 30 days after the receipt of the
payment, allowance, or credit, notify the relevant
contracting officer in writing of such receipt; and
``(ii) agree to execute a contract modification to reduce
the amount reimbursed under subsections (a) and (b) by the
amount of such payment, allowance, or credit.
``(3) Appropriations availability.--Reimbursements under
subsections (a) and (b) shall be subject to the availability
of appropriations.
``(d) Cost Accounting Standards.--For the purposes of this
section, a cognizant Federal agency official shall provide a
contractor subject to the cost accounting standards issued
pursuant to section 1502 of title 41 and required to submit
one or more disclosure statements, a reasonable opportunity
to amend any such disclosure statements to reflect any costs
that are reimbursable under subsection (a).
``(e) Definitions.--In this section:
``(1) Cognizant federal agency official.--The term
`cognizant Federal agency official' has the meaning given
such term in section 30.001 of title 48, Code of Federal
Regulations.
``(2) Covered contract.--The term `covered contract' means
any contract, including a fixed-price or cost-reimbursement
contract, or any other agreement for the procurement of goods
or services by or for the Department of Defense.
``(3) Covered emergency.--The term `covered emergency'
means a declared pandemic which prevents the employees of a
contractor of the Department of Defense or the employees of a
subcontractor (at any tier) of such a contractor from
performing work under a covered contract, as determined by
the Secretary.
``(4) Covered site.--The term `covered site' means any
government-owned, government-leased, contractor-owned, or
contractor-leased facility approved by the Federal Government
for contract performance.
``(5) Disclosure statement.--The term `disclosure
statement' means a Disclosure Statement described in section
9903.202-1(a) of title 48, Code of Federal Regulations.
``(6) Minimum applicable contract billing rate.--The term
`minimum applicable contract billing rate' means a rate
capturing the financial impact incurred as a consequence of
keeping the employees of a contractor or employees of
subcontractors (at any tier) of a contractor in a ready
state, including the base hourly pay rate of such employees
and employees of such subcontractors, indirect costs, general
and administrative expenses, and other relevant costs.
``(7) Ready state.--The term `ready state' means able to
mobilize in a timely manner to perform under a covered
contract.
``(8) Small business contractor.--The term `small business
contractor' means a contractor for a covered contract that is
a small business concern (as such term is defined under
section 3 of the Small Business Act (15 U.S.C. 632).''.
(b) Clerical Amendment.--The table of sections for
subchapter II of chapter 134 of title 10, United States Code,
is amended by adding at the end the following new item:
``2265. Special emergency reimbursement authority.''.
SEC. 803. PROHIBITION ON PROCUREMENT OF PERSONAL PROTECTIVE
EQUIPMENT FROM NON-ALLIED FOREIGN NATIONS.
(a) Prohibition.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2339d. Prohibition on procurement of personal
protective equipment and certain other items from non-
allied foreign nations
``(a) In General.--Except as provided in subsection (c),
the Secretary of Defense may not procure any covered item
from any covered nation.
``(b) Applicability.--Subsection (a) shall apply to prime
contracts and subcontracts at any tier.
``(c) Exceptions.--
``(1) In general.--Subsection (a) does not apply under the
following circumstances:
``(A) If the Secretary of Defense determines that covered
materials of satisfactory quality and quantity, in the
required form, cannot be procured as and when needed from
nations other than covered nations to meet requirements at a
reasonable price.
``(B) The procurement of a covered item for use outside of
the United States.
``(C) Purchases for amounts not greater than $150,000.
``(2) Limitation.--A proposed purchase or contract for an
amount greater than $150,000 may not be divided into several
purchases or contracts for lesser amounts in order to qualify
for this exception.
``(d) Definitions.--In this section:
``(1) Covered item.--The term `covered item' means an
article or item of--
``(A) personal protective equipment for use in preventing
spread of communicable disease, such as by exposure to
infected individuals or contamination or infection by
infectious material (including surgical masks, respirator
masks and electric-powered air purifying respirators and
required filters, face shields and protective eyewear,
surgical and isolation gowns, and head and foot coverings) or
clothing, and the materials and components thereof, other
than sensors, electronics, or other items added to and
[[Page H4665]]
not normally associated with such personal protective
equipment or clothing; or
``(B) sanitizing and disinfecting wipes, testing swabs,
gauze, and bandages.
``(2) Covered nation.--The term `covered nation' means--
``(A) the Democratic People's Republic of North Korea;
``(B) the People's Republic of China;
``(C) the Russian Federation; and
``(D) the Islamic Republic of Iran.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2339c the following:
``2339d. Prohibition on procurement of personal protective equipment
and certain other items from non-allied foreign
nations.''.
(b) Future Transfer.--
(1) Transfer and redesignation.--Section 2339d of title 10,
United States Code, as added by subsection (a), is
transferred to subchapter I of chapter 283 of such title,
added after section 3881, as transferred and redesignated by
section 1837(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283), and redesignated as section 3882.
(2) Clerical amendments.--
(A) Target chapter table of sections.--The table of
sections at the beginning of chapter 283 of title 10, United
States Code, as added by section 1837(a) of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283), is amended by
inserting after the item related to section 3881 the
following new item:
``3882. Prohibition on procurement of personal protective equipment and
certain other items from non-allied foreign nations.''.
(B) Origin chapter table of sections.--The table of
sections at the beginning of chapter 137 of title 10, United
States Code, as amended by subsection (a), is further amended
by striking the item relating to section 2339d.
(3) Effective date.--The transfer, redesignation, and
amendments made by this subsection shall take effect on
January 1, 2022.
(4) References; savings provision; rule of construction.--
Sections 1883 through 1885 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) shall apply with respect to the
transfers, redesignations, and amendments made under this
subsection as if such transfers, redesignations, and
amendments were made under title XVIII of such Act.
SEC. 804. MINIMUM WAGE FOR EMPLOYEES OF DEPARTMENT OF DEFENSE
CONTRACTORS.
(a) In General.--
(1) Minimum wage for employees of department of defense
contractors.--Chapter 141 of title 10, United States Code is
amended by inserting after section 2402 the following new
section:
``Sec. 2403. Minimum wage for employees of Department of
Defense contractors
``(a) In General.--Notwithstanding section 6 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206), an employee of a
Department of Defense contractor performing a covered
contract who is paid at an hourly rate shall be paid a
minimum wage as follows:
``(1) Beginning January 30, 2022, $15.00 an hour.
``(2) Beginning January 1, 2023, at a minimum wage
determined annually by the Secretary, except such wage may
not be less than $15.00 an hour.
``(b) Covered Contract Defined.--In this section, the term
`covered contract' means a contract or other agreement
entered into on or after January 30, 2022, that--
``(1) is for the procurement of services or construction;
and
``(2) with respect to which wages under such contract or
other agreement are subject to--
``(A) the Fair Labor Standards Act of 1938 (29 U.S.C. 201
et seq.);
``(B) section 6702 of title 41; or
``(C) subchapter IV of chapter 31 of title 40 (known as the
`Davis-Bacon Act').''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2042 the following new item:
``2403. Minimum wage for employees of Department of Defense
contractors.''.
(b) Rulemaking.--Not later than January 30, 2022, the
Secretary of Defense shall issue rules to carry out the
requirement of section 2403 of title 10, United States Code,
as added by subsection (a).
SEC. 805. DIVERSITY AND INCLUSION REPORTING REQUIREMENTS FOR
COVERED CONTRACTORS.
(a) In General.--Subchapter V of chapter 325 of title 10,
United States Code, is amended by inserting after section
4892 the following new section:
``Sec. 4893. Diversity and inclusion reporting requirements
for covered contractors
``(a) Covered Contractor Reports.--
``(1) In general.--The Secretary of Defense shall require
each covered contractor awarded a major contract to submit to
the Secretary of Defense by the last day of each full fiscal
year that occurs during the period of performance of any
major contract a report on diversity and inclusion.
``(2) Elements.--Each report under paragraph (1) shall
include, for the fiscal year covered by the report--
``(A) a description of each major contract with a period of
performance during the fiscal year covered by the report,
including the period of performance, expected total value,
and value to date of each major contract;
``(B) the total value of payments received under all major
contracts of each covered contractor during such fiscal year;
``(C) the total number of participants in the board of
directors of each covered contractor, nominees for the board
of directors of the covered contractor, and the senior
leaders of the covered contractor, disaggregated by
demographic classifications;
``(D) with respect to employees of each covered
contractor--
``(i) the total number of such employees; and
``(ii) the number of such employees (expressed as a numeral
and as a percentage of the total number), identified by
membership in demographic classification and major
occupational group;
``(E) the value of first-tier subcontracts under each major
contract entered into during such fiscal year;
``(F) with respect to employees of each covered
subcontractor--
``(i) the total number of such employees;
``(ii) the number of such employees (expressed as a numeral
and as a percentage of the total number), identified by
membership in demographic classification and major
occupational group;
``(G) whether the board of directors of the covered
contractor has, as of the date on which the covered
contractor submits a report under this section, adopted any
policy, plan, or strategy to promote racial, ethnic, and
gender diversity among the members of the board of directors
of the covered contractor, nominees for the board of
directors of the covered contractor, or the senior leaders of
the covered contractor; and
``(H) a description of participation by the contractor in
diversity programs, to include hours spent, funds expended in
support of, and the number of unique relationships
established by each such diversity program.
``(b) Annual Summary Report.--
``(1) Report required.--Not later than 60 days after the
first day of each fiscal year, the Secretary shall submit to
the congressional defense committees a report summarizing the
reports submitted pursuant to subsection (a).
``(2) Elements.--Each report under paragraph (1) shall
include--
``(A) an index of the reports submitted pursuant to
subsection (a);
``(B) a compilation of the data described in such
subsection, disaggregated as described in such subsection;
``(C) an aggregation of the data provided in such reports;
and
``(D) a narrative that analyzes the information disclosed
in such reports and identifies any year-to-year trends in
such information.
``(c) Public Availability.--Each report required under this
subsection shall be posted on a single publicly available
website of the Department of Defense and made available in a
machine-readable format that is downloadable, searchable, and
sortable.
``(d) Definitions.--In this section:
``(1) Covered contractor.--The term `covered contractor'
means a contractor awarded a major contract.
``(2) Covered subcontractor.--The term `covered
subcontractor' means a subcontractor performing a subcontract
that is one of the 10 highest aggregate value subcontracts
under a major contract.
``(3) Demographic classifications.--The term `demographic
classifications' means classifications by race, gender,
veteran status, or ethnicity.
``(4) Diversity program.--The term `diversity program'
means--
``(A) a program conducted under section 3904 of this title;
``(B) a mentor-protege relationship established under
section 831 of the National Defense Authorization Act for
Fiscal Year 1991;
``(C) a program conducted under section 2192a of this
title; or
``(D) any other program designated by the Secretary of
Defense as designed to increase the diversity of the
workforce of the defense industrial base.
``(5) Major contract.--The term `major contract' has the
meaning given the term in section 2432 of this title.
``(6) Major occupational group.--The term `major
occupational group' means a major occupational group as
defined by the Bureau of Labor Statistics.
``(7) Senior leader.--The term `senior leader' means--
``(A) the president of a covered contractor;
``(B) any vice president in charge of a principal business
unit, division, or function of a covered contractor;
``(C) any other officer of a covered contractor who
performs a policy-making function; or
``(D) an individual responsible for the direct or indirect
management of more than 200 individuals.''.
(b) Clerical Amendment.--The table of sections for
subchapter V of chapter 325 of title 10, United States Code,
is amended by adding after the item related to section 4892
the following:
``4893. Diversity and inclusion reporting requirements for covered
contractors.''.
(c) Effective Date and Applicability.--The amendments made
by this section shall take effect on July 1, 2022, and shall
apply with respect to contracts entered into on or after July
1, 2022.
SEC. 806. WEBSITE FOR CERTAIN DOMESTIC PROCUREMENT WAIVERS.
(a) In General.--Section 4814 of title 10, United States
Code, as transferred and redesignated by section 1867(b) of
the National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), is amended by adding at the end the
following new subsection:
``(c) Website Required.--Not later than 18 months after the
date of the enactment of this subsection, the Secretary of
Defense shall establish and maintain a single publicly
available
[[Page H4666]]
website for the purpose of publishing the information
required by subsection (a)(5).''.
(b) Effective Date.--The amendments made by this section
shall take effect on January 1, 2022.
SEC. 807. SUSPENSION OR DEBARMENT REFERRAL FOR EGREGIOUS
VIOLATIONS OF CERTAIN DOMESTIC PREFERENCE LAWS.
(a) In General.--A contracting officer shall refer to the
appropriate suspension or debarment official any current or
former contractor of the Department of Defense if such
contracting officer reasonably believes that such contractor
has egregiously violated any covered domestic preference law.
(b) Egregious Violation Determination.--For the purposes of
this section, a contractor egregiously violates a covered
domestic preference law when--
(1) such contractor knowingly or willfully uses or provides
goods, articles, materials, or supplies in violation of a
covered domestic preference law; and
(2) such violation, individually or in the aggregate with
other violations of domestic preference laws by such
contractor, is severe (including through the effects, dollar
value, or frequency, or any combination thereof, of such
violations).
(c) Debarment or Suspension Basis.--An egregious violation
of a covered domestic preference law by a contractor may be a
basis for suspension or debarment of the contractor.
(d) Safe Harbor.--The use or provision of goods, articles,
materials, or supplies by a contractor in violation of a
covered domestic preference law may not be considered such a
violation for the purposes of a determining whether such
contractor has egregiously violated any covered domestic
preference law if such contractor reasonably acted in good-
faith reliance on--
(1) a written waiver from an individual who is permitted by
law or regulation to waive the covered domestic preference
law; or
(2) a representation by a third party about the origin of
such goods, articles, materials, or supplies.
(e) Covered Domestic Preference Law Defined.--In this
section, the term ``covered domestic preference law'' means
any provision of section 2533a or 2533b of title 10, United
States Code, or chapter 83 of title 41 of such Code that
requires or creates a preference for the procurement of
goods, articles, materials, or supplies, that are grown,
mined, reprocessed, reused, manufactured, or produced in the
United States.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. EXTENSION OF AUTHORIZATION FOR THE DEFENSE CIVILIAN
ACQUISITION WORKFORCE PERSONNEL DEMONSTRATION
PROJECT.
Section 1762(g) of title 10, United States Code, is amended
by striking ``2023'' and inserting ``2025''.
SEC. 812. MODIFICATIONS TO CONTRACTS SUBJECT TO COST OR
PRICING DATA CERTIFICATION.
Section 2306a(a)(6) of title 10, United States Code, is
amended--
(1) by striking ``Upon the request'' and all that follows
through ``paragraph (1)'' and inserting ``Under paragraph
(1),''; and
(2) by striking ``modify the contract'' and all that
follows through ``consideration.'' and inserting ``modify the
contract as soon as practicable to reflect subparagraphs (B)
and (C) of such paragraph, without requiring
consideration.''.
SEC. 813. OFFICE OF CORROSION POLICY AND OVERSIGHT EMPLOYEE
TRAINING REQUIREMENTS.
Section 2228 of title 10, United States Code, is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(6) To the greatest extent practicable, the Director
shall ensure that contractors of the Department of Defense
carrying out activities for the prevention and mitigation of
corrosion of the military equipment and infrastructure of the
Department of Defense employ for such activities a
substantial number of individuals who have completed, or who
are currently enrolled in, a qualified training program that
meets industry-wide recognized corrosion control
standards.'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and'' ; and
(C) by adding at the end the following new paragraph:
``(4) require that any training or professional development
activities for military personnel or civilian employees of
the Department of Defense for the prevention and mitigation
of corrosion of the military equipment and infrastructure of
the Department of Defense be under a qualified training
program such that, to the greatest extent practicable, the
military personnel or civilian employees participating in
such qualified training program are trained and certified by
the qualified training program as meeting industry-wide
recognized corrosion control standards.''; and
(3) in subparagraph (f), by adding at the end the following
new paragraph:
``(6) The term `qualified training program' means a
training program in corrosion control, mitigation, and
prevention that is either--
``(A) offered or accredited by an organization that sets
industry corrosion standards; or
``(B) an industrial coatings applicator training program
registered under the Act of August 16, 1937 (popularly known
as the `National Apprenticeship Act'; 29 U.S.C. 50 et
seq.).''.
SEC. 814. STANDARD GUIDELINES FOR EVALUATION OF REQUIREMENTS
FOR SERVICES CONTRACTS.
(a) Inclusion of Inventory and Standard Guidelines in
Budget Request.--Section 2329 of title 10, United States
Code, is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``Effective October 1, 2021,'' and inserting ``Effective
February 1, 2022,'';
(B) by amending paragraph (4) to read as follows:
``(4) be informed by the review the inventory required by
section 2330a(c) using standard guidelines developed under
subsection (d).''; and
(C) in paragraph (5), by inserting ``, except with respect
to information on services contracts in support of
contingency operations, humanitarian assistance, disaster
relief, in support of a national security emergency declared
with respect to a named operation, or entered into pursuant
to an international agreement shall be excluded from such
submission'' before the period at the end;
(2) by striking subsection (f); and
(3) redesignating subsection (g) as subsection (f).
(b) Standard Guidelines.--Section 2329(d) of title 10,
United States Code, is amended--
(1) by striking ``Each Services Requirements Review Board''
and inserting ``(1) Each Services Requirements Review
Board''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary of Defense shall establish and issue
standard guidelines within the Department of Defense for the
evaluation of requirements for services contracts. Any such
guidelines issued--
``(A) shall be based on the checklist relating to services
contract approval established and in use by the Department of
the Army (as set forth in the request for services contract
approval form updated as of August 2012, or any successor
form); and
``(B) shall be updated as necessary to incorporate
applicable statutory changes to total force management
policies and procedures and any other guidelines or
procedures relating to the use Department of Defense civilian
employees to perform new functions and functions that are
performed by contractors.
``(3) A general or flag officer, or a civilian employee of
the Department of Defense in the Senior Executive Service,
with responsibility for supervising requirements owners shall
certify--
``(A) that a task order or statement of work being
submitted to a contracting office is in compliance with the
standard guidelines;
``(B) that all appropriate statutory risk mitigation
efforts have been made; and
``(C) that such task order or statement of work does not
include requirements formerly performed by Department of
Defense civilian employees.
``(4) A general or flag officer, or a civilian employee of
the Department of Defense in the Senior Executive Service may
not delegate the duties described in paragraph (3) to an
officer in a grade below O-7 (or a civilian employee of the
Department of Defense at or below grade GS-15 of the General
Schedule) without authorization from the Assistant Secretary
of the Department of Defense concerned.
``(5) The Inspector General of the Department of Defense
may conduct annual audits to ensure compliance with this
section.''.
(c) Repeals.--
(1) Section 235 of title 10, United States Code, is
repealed.
(2) Section 852 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1492; 10
U.S.C. 2329 note) is repealed.
SEC. 815. EXTENSION OF REQUIREMENT TO SUBMIT SELECTED
ACQUISITION REPORTS.
(a) Repeal of Termination.--Section 2432 of title 10,
United States Code, is amended by striking subsection (j).
(b) Repeal of Termination of Certain Additional Reports.--
Section 1051(x) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1567; 10
U.S.C. 111 note) is amended by striking paragraph (4).
SEC. 816. LIMITATION ON PROCUREMENT OF WELDED SHIPBOARD
ANCHOR AND MOORING CHAIN FOR NAVAL VESSELS.
Section 2534 of title 10, United States Code, is amended--
(1) in subsection (a)(2), by adding at the end the
following new subparagraph:
``(F) Welded shipboard anchor and mooring chain.''; and
(2) in subsection (b)--
(A) by striking ``A manufacturer'' and inserting ``(1)
Except as provided in paragraph (2), a manufacturer''; and
(B) by adding at the end the following new paragraph:
``(2) A manufacturer of welded shipboard anchor and mooring
chain for naval vessels meets the requirements of this
subsection if the manufacturer is part of the national
technology and industrial base.''.
SEC. 817. COMPETITION REQUIREMENTS FOR PURCHASES FROM FEDERAL
PRISON INDUSTRIES.
(a) Competition Requirements for Purchases From Federal
Prison Industries.--Section 3905 of title 10, United States
Code, as transferred and redesignated by section 1838(b) of
the National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), is amended by striking subsections (a)
and (b) and inserting the following new sections:
``(a) Market Research.--Before purchasing a product listed
in the latest edition of the Federal Prison Industries
catalog published under section 4124(d) of title 18, the
Secretary of Defense shall conduct market research to
determine whether such product--
[[Page H4667]]
``(1) is comparable to products available from the private
sector; and
``(2) best meets the needs of the Department of Defense in
terms of price, quality, and time of delivery.
``(b) Competition Requirement.--If the Secretary determines
that a Federal Prison Industries product is not comparable to
products available from the private sector and does not best
meet the needs of the Department of Defense in terms of
price, quality, or time of delivery, the Secretary shall use
competitive procedures or make an individual purchase under a
multiple award contract for the procurement of the product.
In conducting such a competition or making such a purchase,
the Secretary shall consider a timely offer from Federal
Prison Industries.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on February 1, 2022.
SEC. 818. REPEAL OF PREFERENCE FOR FIXED-PRICE CONTRACTS.
(a) Repeal.--Section 829 of the National Defense
Authorization Act for Fiscal Year 2017 (10 U.S.C. 2306 note)
is repealed.
(b) Conforming Amendment.--Chapter 242 of title 10, United
States Code, as amended by section 1817(a) of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283) is amended--
(1) in table of contents for such chapter, by striking the
item relating to section 3324; and
(2) by striking the enumerator, section heading, and
subsequent matter relating to section 3324.
SEC. 819. MODIFICATION TO THE PILOT PROGRAM FOR STREAMLINING
AWARDS FOR INNOVATIVE TECHNOLOGY PROJECTS.
(a) Extension.--Section 873(f) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2306a note) is amended by striking ``October 1, 2022''
and inserting ``October 1, 2024''.
(b) Recommendation on Extension.--
(1) In general.--Not later than April 1, 2023, the
Secretary of Defense shall submit to the congressional
defense committees a recommendation regarding the extension
of the pilot program for streamlining awards for innovative
technology projects established under section 873(f) of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2306a note), and if applicable,
the duration of any such extension.
(2) Data on extension.--If the Secretary of Defense
recommends an extension of the pilot program under paragraph
(1), not later than 60 days after making such recommendation,
the Secretary shall submit to the congressional defense
committees a report on the outcomes of the pilot program,
including--
(A) the number of small business concerns (as defined under
section 3 of the Small Business Act (15 U.S.C. 632)) or
nontraditional defense contractors (as defined under section
2302 of title 10, United States Code) that benefitted from
the implementation of the pilot program;
(B) the number of small business concerns that would not
have entered into a contract with the Department of Defense
but for the implementation of the pilot program; and
(C) a description of the goods and services acquired by the
Department through the pilot program that otherwise would not
have been acquired.
SEC. 820. OTHER TRANSACTION AUTHORITY INFORMATION
ACCESSIBILITY.
Not later than 180 days after the date of the enactment of
this Act, the Under Secretary of Defense for Acquisition &
Sustainment shall submit to the congressional defense
committees recommendations for making data on the exercise of
the authorities provided under sections 2371 or 2371b of
title 10, United States Code, more accessible to the public
and improving the reporting of such information, including
recommendations for--
(1) reducing data reporting requirements to the minimum
necessary to identify--
(A) with respect to a transaction under either such
section--
(i) the participants to the transaction (other than the
Federal Government), including each business selected to
perform work under the transaction by a participant to the
transaction that is a consortium of private entities;
(ii) the date on which each participant entered into the
transaction; and
(iii) the amount of the transaction; and
(B) with respect to a follow-on contract or transaction
awarded under section 2371b of title 10, United States Code--
(i) the awardee;
(ii) the amount; and
(iii) the date awarded.
(2) a method for collecting such information in an online,
public, searchable database.
Subtitle C--Provisions Relating to Supply Chain Security
SEC. 831. DEPARTMENT OF DEFENSE RESEARCH AND DEVELOPMENT
PRIORITIES.
The Secretary of Defense shall coordinate with the
Secretary of Energy to ensure that the priorities of the
Department of Defense with respect to the research and
development of alternative technologies to, and methods for
the extraction, processing, and recycling of, critical
minerals (as defined in section 2(b) of the National
Materials and Minerals Policy, Research, and Development Act
of 1980 (30 U.S.C. 1601(b))) are included in the appropriate
research and development activities funded by the Secretary
of Energy pursuant to the program established under paragraph
(g) of section 7002 of division Z of the Consolidated
Appropriations Act, 2021 (Public Law 116-260).
SEC. 832. DEFENSE SUPPLY CHAIN RISK ASSESSMENT FRAMEWORK.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
establish a framework, which may be included as part of a
framework developed under section 2509 of title 10, United
States Code, and pursuant to recommendations provided under
section 5 of Executive Order 14017 (86 Fed. Reg. 11849,
relating to America's supply chains), to consolidate the
information relating to risks to the defense supply chain
that is collected by the elements of the Department of
Defense to--
(1) enable Department-wide risk assessments of the defense
supply chain; and
(2) support the development of strategies to mitigate risks
to the defense supply chain.
(b) Framework Requirements.--The framework established
under subsection (a) shall--
(1) provide for the collection, management, and storage of
data from the supply chain risk management processes of the
Department of Defense;
(2) provide for the collection of reports on supply chain
risk management from the military departments and Defense
Agencies, and the dissemination of such reports to the
components of the military departments and Defense Agencies
involved in the management of supply chain risk;
(3) enable all elements of the Department to analyze the
information collected by such framework to identify risks to
the defense supply chain;
(4) enable the Department to--
(A) assess the capabilities of foreign adversaries (as
defined in section 8(c) of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1607(c))) to
affect the defense supply chain;
(B) analyze the ability of the industrial base of the
United States to meet the needs of the defense supply chain;
(C) track global technology trends that could affect the
defense supply chain, as determined by the Secretary of
Defense; and
(D) assess the risks posed by emerging threats to the
defense supply chain;
(5) support the identification of technology in which the
Department may invest to reduce risks to the defense supply
chain, including by improving the resilience of the defense
supply; and
(6) provide for--
(A) a map of the supply chains for major end items that
supports analysis, monitoring, and reporting with respect to
high-risk subcontractors and risks to such supply chain; and
(B) the use of a covered application described in
subsection (c) in the creation of such map to assess risks to
the supply chain for major end items by business sector,
vendor, program, part, or technology.
(c) Covered Application Described.--The covered application
described in this subsection is a covered application that
includes the following elements:
(1) A centralized database that consolidates multiple
disparate data sources into a single repository to ensure the
consistent availability of data.
(2) Centralized reporting to allow for efficient mitigation
and remediation of identified supply chain vulnerabilities.
(3) Broad interoperability with other software and systems
to ensure support for the analytical capabilities of user
across the Department.
(4) Scalable technology to support multiple users, access
controls for security, and functionality designed for
information-sharing and collaboration.
(d) Guidance.--Not later than 180 days after the framework
required under subsection (a) is established, and regularly
thereafter, the Secretary of Defense shall issue guidance on
mitigating risks to the defense supply chain.
(e) Reports.--
(1) Progress report.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the progress of establishing the framework as required
under subsection (a).
(2) Final report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
describing the framework established under subsection (a) and
the organizational structure to manage and oversee the
framework.
(f) Definitions.--In this section:
(1) Covered application.--The term ``covered application''
means a software-as-a-service application that uses decision
science, commercial data, and machine learning techniques.
(2) Defense agency; military department.--The terms
``Defense Agency'' and ``military department'' have the
meanings given such terms in section 101 of title 10, United
States Code.
(3) High-risk subcontractors.--The term ``high-risk
subcontractor'' means a subcontractor at any tier that
supplies major end items for the Department of Defense.
(4) Major end item.--The term ``major end item'' means an
item subject to a unique item-level traceability requirement
at any time in the life cycle of such item under Department
of Defense Instruction 8320.04, titled ``Item Unique
Identification (IUID) Standards for Tangible Personal
Property'' and dated September 3, 2015, or any successor
instruction.
SEC. 833. PLAN TO REDUCE RELIANCE ON SUPPLIES AND MATERIALS
FROM ADVERSARIES IN THE DEFENSE SUPPLY CHAIN.
(a) Reliance Reduction Plan.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretary of State, shall develop and implement a
plan to--
(A) partner with covered private sector entities and
partner countries and allies of the United States to reduce
the reliance of the United States on covered supplies and
materials obtained from sources located in geographic areas
controlled by foreign adversaries; and
[[Page H4668]]
(B) mitigate the risks to national security and the defense
supply chain arising from the reliance of the United States
on covered supplies and materials that cannot be acquired in
sufficient quantities to meet the needs of major end items
without procuring covered supplies and materials from sources
located in geographic areas controlled by foreign
adversaries.
(2) Consideration.--The Secretary of Defense shall consider
the determinations made under paragraph (3) when developing
the plan under paragraph (1).
(3) Supplies and materials source determinations.--Before
developing the plan under paragraph (1), the Secretary of
Defense, in coordination with Secretary of State, shall
determine--
(A) the covered supplies and materials for which a source
is located in a geographic area controlled by a foreign
adversary;
(B) the covered supplies and materials described in
subparagraph (A) that may be acquired from sources located
domestically or in geographic areas controlled by partner
countries or allies of the United States in sufficient
quantities to--
(i) reduce the reliance of the Department on covered
supplies and materials described in subparagraph (A); and
(ii) increase the resiliency of the defense supply chain;
(C) the difference in cost to acquire covered supplies and
materials described in subparagraph (A) from sources located
domestically or in geographic areas controlled by partner
countries or allies of the United States, if available; and
(D) the covered supplies and materials described in
subparagraph (A) that cannot be acquired in sufficient
quantities to meet the needs of major end items without
sources located in geographic areas controlled by foreign
adversaries.
(b) Report.--Not later than two years after the enactment
of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report describing--
(1) the determinations made under subsection (a)(3);
(2) the plan required under subsection (a)(1).
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The Committee on Armed Services of the House of
Representatives.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Foreign Affairs of the House of
Representatives.
(D) The Committee on Foreign Relations of the Senate.
(2) Covered private sector entity.--The term ``covered
private sector entity'' means a private sector entity able to
provide, or facilitate the acquisition of, covered supplies
and materials from domestic sources or sources located in
geographic areas controlled by partner countries or allies of
the United States.
(3) Covered supplies and materials.--
(A) In general.--Except as provided in subparagraph (B),
the term ``covered supplies and materials''--
(i) means--
(I) critical safety systems and subsystems;
(II) assemblies and subassemblies integral to a system or
subsystem; and
(III) repair, maintenance, logistics support, and overhaul
services for systems, subsystems, assemblies, subassemblies,
and parts integral to a systems; and
(ii) includes systems, subsystems, assemblies,
subassemblies, and parts described in clause (i) acquired
with respect to commercial items (as defined under section
2.101 of title 48, Code of Federal Regulations) and non-
commercial items.
(B) Certain strategic and critical materials excluded.--The
term ``covered supplies and materials'' does not include any
strategic and critical materials (as defined under section 12
of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h-3)) with respect to which the Secretary includes
an appropriate reduction plan in a report required under
section 14 of such Act (50 U.S.C. 98h-5).
(4) Foreign adversary.--The term ``foreign adversary'' has
the meaning given such term in section 8(c) of the Secure and
Trusted Communications Networks Act of 2019 (47 U.S.C.
1607(c)).
(5) Major end item.--The term ``major end item'' means an
item subject to a unique item-level traceability requirement
at any time in the life cycle of such item under Department
of Defense Instruction 8320.04, titled ``Item Unique
Identification (IUID) Standards for Tangible Personal
Property'' and dated September 3, 2015, or any successor
instruction.
SEC. 834. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR MAJOR
DEFENSE ACQUISITION PROGRAMS.
(a) Assessment Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
assessing the domestic source content of any procurement.
(2) Information repository.--The Secretary of Defense shall
establish an information repository for the collection and
analysis of information related to domestic source content
that can be used for continuous data analysis and program
management activities.
(b) Enhanced Domestic Content Requirement.--
(1) In general.--Except as provided in paragraph (2), for
purposes of chapter 83 of title 41, United States Code,
manufactured articles, materials, or supplies procured are
manufactured substantially all from articles, materials, or
supplies mined, produced, or manufactured in the United
States if the cost of such component articles, materials, or
supplies--
(A) supplied not later than the date of the enactment of
this Act, exceeds 60 percent of cost of the manufactured
articles, materials, or supplies procured;
(B) supplied during the period beginning January 1, 2024,
and ending December 31, 2028, exceeds 65 percent of the cost
of the manufactured articles, materials, or supplies; and
(C) supplied on or after January 1, 2029, exceeds 75
percent of the cost of the manufactured articles, materials,
or supplies.
(2) Exclusion for certain manufactured articles.--Paragraph
(1) shall not apply to manufactured articles that consist
wholly or predominantly of iron, steel, or a combination of
iron and steel.
(3) Rulemaking.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
issue rules to determine the treatment of the lowest price
offered for a foreign end product for which 55 percent or
more of the component articles, materials, or supplies of
such foreign end product are manufactured substantially all
from articles, materials, or supplies mined, produced, or
manufactured in the United States if--
(i) the application paragraph (1) results in an
unreasonable cost; or
(ii) no offers are submitted to supply manufactured
articles, materials, or supplies manufactured substantially
all from articles, materials, or supplies mined, produced, or
manufactured in the United States.
(B) Termination.--Rules issued under this paragraph shall
cease to have force or effect on January 1, 2030.
(4) Applicability.--The requirements of this subsection
shall apply to contracts entered into on or after the date of
the enactment of this Act.
SEC. 835. REDUCTION OF FLUCTUATIONS OF SUPPLY AND DEMAND FOR
CERTAIN COVERED ITEMS.
(a) Supply and Demand Requirements.--Not later than one
year after the date of the enactment of this Act, the
Secretary of Defense shall--
(1) specify methods and processes to track and reduce
fluctuations in supply chain forecasting and demand
requirements of the Office of the Secretary of Defense, each
military department, and the Defense Logistics Agency for
covered items; and
(2) implement policies to encourage predictable demand
requirements for covered items for the Office of the
Secretary of Defense, each military department, and the
Defense Logistics Agency.
(b) Report.--Not later than 15 months after the date of the
enactment of this Act, and quarterly thereafter, each
Secretary of a military department and the Director of the
Defense Logistics Agency shall submit to the Under Secretary
of Defense for Acquisition and Sustainment a report on the
fluctuations in supply chain forecasting and demand
requirements for each covered item, expressed as a
percentage.
(c) Covered Item Defined.--In this section, the term
``covered item'' means a covered item described in
subparagraph (B), (C), or (E) of subsection (b)(1) or
subsection (b)(2) of section 2533a of title 10, United States
Code.
SEC. 836. PROHIBITION ON CERTAIN PROCUREMENTS FROM THE
XINJIANG UYGHUR AUTONOMOUS REGION.
(a) Prohibition on the Availability of Funds for Certain
Procurements From XUAR.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2022 for the Department of Defense may be
obligated or expended to procure any products mined,
produced, or manufactured wholly or in part by forced labor
from XUAR or from an entity that has used labor from within
or transferred from XUAR as part of a ``poverty alleviation''
or ``pairing assistance'' program.
(b) Rulemaking.--The Secretary of Defense shall issue rules
not later than 90 days after the date of the enactment of
this Act to require a certification from offerors for
contracts with the Department of Defense stating the offeror
has made a good faith effort to determine that forced labor
from XUAR, as described in subsection (a), was not or will
not be used in the performance of such contract.
(c) Definitions.--In this section:
(1) Forced labor.--The term ``forced labor'' means all work
or service which is exacted from any person under the menace
of any penalty for its nonperformance and for which the
worker does not offer himself voluntarily.
(2) Person.--The term ``person'' means--
(A) a natural person, corporation, company, business
association, partnership, society, trust, or any other
nongovernmental entity, organization, or group; or
(B) any successor, subunit, parent entity, or subsidiary
of, or any entity under common ownership or control with, any
entity described in subparagraph (A).
(3) XUAR.--The term ``XUAR'' means the Xinjiang Uyghur
Autonomous Region of the People's Republic of China.
Subtitle D--Industrial Base Matters
SEC. 841. MODIFICATION OF PILOT PROGRAM FOR DEVELOPMENT OF
TECHNOLOGY-ENHANCED CAPABILITIES WITH
PARTNERSHIP INTERMEDIARIES.
Section 851 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1510; 10
U.S.C. 2283 note) is amended to read as follows:
``SEC. 851. PILOT PROGRAM FOR DEVELOPMENT OF TECHNOLOGY-
ENHANCED CAPABILITIES WITH PARTNERSHIP
INTERMEDIARIES.
``(a) Establishment.--The Secretary of Defense may
authorize the Commander of the United States Special
Operations Command to use funds described in subsection (b)
for a pilot program under which the Commander shall
[[Page H4669]]
make, through the use of a partnership intermediary, covered
awards to small business concerns to develop technology-
enhanced capabilities for special operations forces.
``(b) Funds.--
``(1) In general.--The funds described in this subsection
are funds transferred to the Commander of the United States
Special Operations Command to carry out the pilot program
established under this section from funds available to be
expended by each covered entity pursuant to section 9(f) of
the Small Business Act.
``(2) Limitations.--
``(A) Fiscal year.--A covered entity may not transfer to
the Commander an amount greater than 10 percent of the funds
available to be expended by such covered entity pursuant to
section 9(f) of the Small Business Act for a fiscal year.
``(B) Aggregate amount.--The aggregate amount of funds to
be transferred to the Commander may not exceed $20,000,000.
``(c) Partnership Intermediaries.--
``(1) Authorization.--The Commander may modify an existing
agreement with a partnership intermediary to assist the
Commander in carrying out the pilot program under this
section, including with respect to the award of contracts and
agreements to small business concerns.
``(2) Limitation.--None of the funds described in
subsection (b) may be used to pay a partnership intermediary
for any costs associated with the pilot program.
``(3) Data.--With respect to a covered award made under
this section, the Commander shall gather data on the role of
the partnership intermediary to include the--
``(A) staffing structure;
``(B) funding sources; and
``(C) methods for identifying and evaluating small business
concerns eligible for a covered award.
``(d) Report.--
``(1) Annual report.--Not later than October 1 of each year
until October 1, 2026, the Commander of the United States
Special Operations Command, in coordination with the Under
Secretary of Defense for Research and Engineering, shall
submit to the congressional defense committees, the Committee
on Small Business of the House of Representatives, and the
Committee on Small Business and Entrepreneurship of the
Senate a report including--
``(A) a description of each agreement with a partnership
intermediary entered into pursuant to this section;
``(B) for each covered award made under this section--
``(i) a description of the role served by the partnership
intermediary;
``(ii) the amount of funds obligated;
``(iii) an identification of the small business concern
that received such covered award;
``(iv) a description of the use of such covered award;
``(v) a description of the role served by the program
manager (as defined in section 1737 of title 10, United
States Code) of the covered entity with respect to the small
business concern that received such covered award, including
a description of interactions and the process of the program
manager in producing a past performance evaluation of such
concern; and
``(vi) the benefits achieved as a result of the use of a
partnership intermediary for the pilot program established
under this section as compared to previous efforts of the
Commander to increase participation by small business
concerns in the development of technology-enhanced
capabilities for special operations forces; and
``(C) a plan detailing how each covered entity will apply
lessons learned from the pilot program to improve processes
for directly working with and supporting small business
concerns to develop technology-enhanced capabilities for
special operations forces.
``(2) Final report.--The final report required under this
subsection shall include, along with the requirements of
paragraph (1), a recommendation regarding--
``(A) whether and for how long the pilot program
established under this section should be extended; and
``(B) whether to increase funding for the pilot program,
including a justification for such an increase.
``(e) Termination.--The authority to carry out a pilot
program under this section shall terminate on September 30,
2025.
``(f) Definitions.--In this section:
``(1) The term `covered award' means an award made under
the Small Business Innovation Research Program.
``(2) The term `covered entity' means--
``(A) the Army;
``(B) the Navy;
``(C) the Air Force;
``(D) the Marine Corps;
``(E) the Space Force; and
``(F) any element of the Department of Defense that makes
awards under the Small Business Innovation Research Program
or Small Business Technology Transfer Program.
``(3) The term `partnership intermediary' has the meaning
given the term in section 23(c) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3715(c)).
``(4) The term `small business concern' has the meaning
given the term under section 3 of the Small Business Act (15
U.S.C. 632).
``(5) The term `Small Business Innovation Research Program'
has the meaning given the term in section 9(e)(4) of the
Small Business Act (15 U.S.C. 638(e)).
``(6) The term `technology-enhanced capability' means a
product, concept, or process that improves the ability of a
member of the Armed Forces to achieve an assigned mission.''.
SEC. 842. DESIGNATING CERTAIN SBIR AND STTR PROGRAMS AS
ENTREPRENEURIAL INNOVATION PROJECTS.
(a) Entrepreneurial Innovation Project Pilot Program.--
(1) In general.--The Secretary of Defense and the covered
Secretaries concerned shall each establish and carry out a
pilot program to more effectively transition projects that
have completed a Phase II SBIR or STTR award and that present
the potential to meet operational needs of elements of the
Department of Defense to Phase III by designating eligible
programs as Entrepreneurial Innovation Projects.
(2) Designation.--Not later than one year after the date of
the enactment of this section, and annually thereafter, not
less than five eligible programs shall be designated as
Entrepreneurial Innovation Projects by--
(A) each covered Secretary concerned, in consultation with
each chief of a covered Armed Force under the jurisdiction of
the Secretary concerned; and
(B) the Secretary of Defense for each covered element of
the Department.
(b) Selection Requirements.--
(1) Future years defense program inclusion.--The Secretary
of Defense shall include the estimated expenditures of each
designated program in the first future-years defense program
submitted to Congress under section 221 of title 10, United
States Code, after such designated program is designated
under subsection (a)(2).
(2) PPBE component.--Each designated program shall be
considered by the designating Secretary as an integral part
of the planning, programing, budgeting, and execution process
of the Department of Defense.
(3) Programming proposal.--Each designated program shall be
included by the designating Secretary under a separate
heading in any programming proposals submitted to the
congressional defense committees.
(4) Designation criteria.--In making designations required
under subsection (a)(2), the covered Secretary concerned or
the Secretary of Defense, as applicable, shall consider--
(A) the potential of the eligible program to--
(i) advance the national security capabilities of the
United States;
(ii) provide new technologies or processes, or new
applications of existing technologies, that will enable new
alternatives to existing programs;
(iii) provide future cost savings; and
(iv) significantly reduce the time to deliver capabilities
to members of the covered Armed Forces; and
(B) any other criteria that the covered Secretary concerned
or Secretary of Defense, as applicable, determines
appropriate.
(5) Mitigate conflicts of interest.--The covered Secretary
concerned or the Secretary of Defense, as applicable, shall
establish procedures for the designation of Entrepreneurial
Innovation Projects which will mitigate, to the greatest
extent practicable, organizational conflicts of interests,
including those from within Governmental organizations or
programs that could view the designation and successful
completion of an Entrepreneurial Innovation Project as a
competing alternative to an existing or proposed program or
other activity.
(6) Application.--The Secretary of Defense and each covered
Secretary concerned shall establish an application process
for eligible programs seeking designation as Entrepreneurial
Innovation Projects.
(c) Revocation of Designation.--If the designating
Secretary determines that a designated program no longer
meets the criteria in subsection (b)(4) or that the
technology has become irrelevant, the designating Secretary
may revoke the Entrepreneurial Innovation Project designation
for such designated program.
(d) Reports to Congress.--
(1) Annual report.--The Secretary of Defense shall submit
to congressional defense committees, the Committee on Small
Business and Entrepreneurship of the Senate, and the
Committee on Small Business of the House of Representatives,
concurrently with the President's annual budget request, an
annual report that includes for each designated program--
(A) a description of the designated program;
(B) a summary of the potential of the designated program as
considered under subsection (b)(4)(A);
(C) the progress made towards inclusion in the future-years
defense program;
(D) the progress made towards delivering on the potential
of the designated program; and
(E) such other information that the Secretary determines
appropriate to inform the congressional defense committees
about the status of the pilot programs established under this
section.
(2) Final report.--In the last report submitted under
paragraph (1) prior to December 31, 2027, the Secretary of
Defense shall include a recommendation on whether to extend
the pilot programs established under this section and the
appropriate duration of such extension, if any.
(e) Effective Date.--This section shall take effect on
January 1, 2022.
(f) Termination Date.--The pilot programs established under
this section shall terminate on December 31, 2027.
(g) Definitions.--In this section:
(1) Covered armed forces.--The term ``covered Armed
Forces'' means--
(A) the Army;
(B) the Navy;
(C) the Air Force;
(D) the Marine Corps; and
(E) the Space Force.
(2) Covered element of the department.--The term ``covered
element of the Department'' means any element of the
Department of Defense, other than an element referred to in
paragraph (3), that is associated with the Small Business
Innovation Research or Small Business Technology Transfer
programs.
[[Page H4670]]
(3) Covered secretary concerned.--The term ``covered
Secretary concerned'' means--
(A) the Secretary of the Army, with respect to matters
concerning the Department of the Army;
(B) the Secretary of the Navy, with respect to matters
concerning the Department of the Navy (other than matters
concerning the Coast Guard); and
(C) the Secretary of the Air Force, with respect to matters
concerning the Department of the Air Force.
(4) Eligible program.--The term ``eligible program'' means
a project that has completed a Phase II SBIR or STTR award.
(5) Designated program.--The term ``designated program''
means an eligible program that has been designated as an
Entrepreneurial Innovation Project under this section and for
which such designation has not been revoked under subsection
(c).
(6) Designating secretary.--The term ``designating
Secretary'' means--
(A) with respect to a designated program designated as an
Entrepreneurial Innovation Project under this section by a
covered Secretary concerned, such covered Secretary
concerned; and
(B) with respect to all other designated programs, the
Secretary of Defense.
(7) Phase ii; phase iii; sbir; sttr.--The terms ``Phase
II'', ``Phase III'', ``SBIR'', and ``STTR'' have the meanings
given such terms in section 9(e) of the Small Business Act
(15 U.S.C. 638(e)).
SEC. 843. MODIFICATIONS TO PRINTED CIRCUIT BOARD ACQUISITION
RESTRICTIONS.
(a) In General.--Section 2533d of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``January 1, 2023'' and
inserting ``the date determined under paragraph (3)''; and
(B) by adding at the end the following new paragraph:
``(3) Paragraph (1) shall take effect on January 1,
2027.'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by inserting
``specified type of'' after ``means any'';
(ii) in subparagraph (A), by striking ``(as such terms are
defined under sections 103 and 103a of title 41,
respectively)''; and
(iii) by amending subparagraph (B) to read as follows:
``(B) is a component of--
``(i) a defense security system; or
``(ii) a system, other than a defense security system, that
transmits or stores information and which the Secretary
identifies as national security sensitive in the contract
under which such printed circuit board is acquired.''; and
(B) by adding at the end the following new paragraphs:
``(3) Commercial product; commercial service; commercially
available off-the shelf item.--The terms `commercial
product', `commercial service', and `commercially available
off-the-shelf item' have the meanings given such terms in
sections 103, 103a, and 104 of title 41, respectively.
``(4) Defense security system.--
``(A) The term `defense security system' means an
information system (including a telecommunications system)
used or operated by the Department of Defense, by a
contractor of the Department, or by another organization on
behalf of the Department, the function, operation, or use of
which--
``(i) involves command and control of an armed force;
``(ii) involves equipment that is an integral part of a
weapon or weapon system; or
``(iii) subject to subparagraph (B), is critical to the
direct fulfillment of military missions.
``(B) Subparagraph (A)(iii) does not include a system that
is to be used for routine administrative and business
applications (including payroll, finance, logistics, and
personnel management applications).
``(5) Specified type.--The term `specified type' means a
printed circuit board that is--
``(A) a component of an electronic device that facilitates
the routing, connecting, transmitting or securing of data and
is commonly connected to a network, and
``(B) any other end item, good, or product specified by the
Secretary in accordance with subsection (d)(2).''; and
(3) by amending subsection (d) to read as follows:
``(d) Rulemaking.--
``(1) The Secretary may issue rules providing that
subsection (a) may not apply with respect to an acquisition
of commercial products, commercial services, and commercially
available off-the-shelf items if--
``(A) the contractor is capable of meeting minimum
requirements that the Secretary deems necessary to provide
for the security of national security networks and weapon
systems, including, at a minimum, compliance with section 224
of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 10 U.S.C. 2302 note); and
``(B) either--
``(i) the Government and the contractor have agreed to a
contract requiring the contractor to take certain actions to
ensure the integrity and security of the item, including
protecting the item from unauthorized access, use,
disclosure, disruption, modification, or destruction; or
``(ii) the Secretary has determined that the contractor has
adopted such procedures, tools, and methods for identifying
the sources of components of such item, based on commercial
best practices, that meet or exceed the applicable trusted
supply chain and operational security standards of the
Department of Defense.
``(2) The Secretary may issue rules specifying end items,
goods, and products for which a printed circuit board that is
a component thereof shall be a `specified type' if the
Secretary has promulgated final regulations, after an
opportunity for notice and comment that is not less than 12
months, implementing this section.
``(3) In carrying out this section, the Secretary shall, to
the maximum extent practicable, avoid imposing contractual
certification requirements with respect to the acquisition of
commercial products, commercial services, or commercially
available off-the-shelf items.''.
(b) Modification of Independent Assessment of Printed
Circuit Boards.--Section 841(d) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) is amended--
(1) in paragraph (1)--
(A) by striking ``the date of enactment of this Act'' and
inserting ``the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2022'';
(B) by striking ``shall seek to enter'' and inserting
``shall enter'';
(C) by striking ``to include printed circuit boards in
commercial products or services, or in'' and inserting ``to
printed circuit boards in other commercial or''; and
(D) ) by striking ``the scope of mission critical'' and all
that follows through the period at the end and inserting
``types of systems other than defense security systems (as
defined in section 2533d(c) of title 10, United States Code)
that should be subject to the prohibition in section 2533d(a)
of title 10, United States Code.'';
(2) in the heading for paragraph (2), by striking
``department of defense'' and inserting ``Department of
defense'';
(3) in paragraph (2), by striking ``one year after entering
into the contract described in paragraph (1)'' and inserting
``January 1, 2023'';
(4) in the heading for paragraph (3), by striking
``congress'' and inserting ``Congress''; and
(5) in paragraph (3), by inserting after ``the
recommendations of the report.'' the following: ``The
Secretary shall use the report to determine whether any
systems (other than defense security systems (as defined in
section 2533d(c) of title 10, United States Code)) or other
types of printed circuit boards should be subject to the
prohibition in section 2533d(a) of title 10, United States
Code.''.
SEC. 844. DEFENSE INDUSTRIAL BASE COALITION FOR CAREER
DEVELOPMENT.
(a) In General.--The Under Secretary of Defense for
Acquisition and Sustainment shall establish and manage a
coalition among covered institutions of higher education,
career and technical education programs, workforce
development boards, labor organizations, and organizations
representing defense industrial base contractors to focus on
career pathways for individuals seeking careers in
manufacturing. The goals of the coalition shall be--
(1) to highlight the importance of expertise in
manufacturing careers;
(2) to share experiences of successful partnerships between
such organizations and covered institutions of higher
education to create opportunities for individuals attending
such institutions to be hired by defense industrial base
contractors; and
(3) to encourage opportunities for donating used equipment
of defense industrial base contractors to covered
institutions of higher education for use in training such
individuals.
(b) Report.--Not later than 270 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the
coalition established under subsection (a), shall submit to
the congressional defense committees a report including--
(1) the results of any cooperative work-education program
established by defense laboratories pursuant to section 2195
of title 10, United States Code;
(2) an assessment of whether such programs could be
expanded to include individuals attending secondary schools
and career and technical education programs to create
opportunities for such individuals to be hired by defense
industrial base contractors; and
(3) recommendations for whether incentive contracts are
needed to encourage defense industrial base contractors to
provide career pathways for individuals seeking careers in
manufacturing.
(c) Definitions.--In this section:
(1) Covered institution of higher education.--The term
``covered institution of higher education'' means--
(A) an institution of higher education, as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001); and
(B) a postsecondary vocational institution, as defined in
section 102(c) of such Act (20 U.S.C. 1002(c)).
(2) Defense industrial base contractor.--The term ``defense
industrial base contractor'' means a prime contractor or
subcontractor (at any tier) in the defense industrial base.
(3) Labor organization.--The term ``labor organization''
has the meaning given such term in section 2(5) of the
National Labor Relations Act (29 U.S.C. 152(5)).
(4) Secondary school.--The term ``secondary school'' has
the meaning given such term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(5) Career and technical education.--The term ``career and
technical education'' has the meaning given such term in
section 3 of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2302).
(6) Workforce development board.--The term ``workforce
development board'' means a State board or a local board, as
such terms are defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
SEC. 845. ADDITIONAL TESTING OF COMMERCIAL E-COMMERCE PORTAL
MODELS.
Section 846(c) of the National Defense Authorization Act
for Fiscal Year 2018 (41 U.S.C. 1901
[[Page H4671]]
note) is amended by adding at the end the following new
paragraphs:
``(5) Additional testing.--Not later than 90 days after the
date of the enactment of this paragraph, the Administrator
shall--
``(A) begin testing commercial e-commerce portal models
other than any commercial e-commerce portal identified in the
recommendations issued under paragraph (3); and
``(B) shall submit to the congressional defense committees
a report that includes--
``(i) a summary of the assessments conducted under
subsection (c)(2) with respect to a commercial e-commerce
portal provider identified in the recommendations issued
under subsection (c)(3);
``(ii) a list of the types of commercial products procured
from such provider;
``(iii) the amount spent by the head of a department or
agency under the program, disaggregated by type of commercial
product and commercial e-commerce portal provider;
``(iv) a update on the commercial e-commerce portal models
being tested and a timeline for completion of such testing.
``(6) Report.--Upon completion of testing conducted under
paragraph (5) and before taking any action with respect to
the commercial e-commerce portal models tested, the
Administrator of General Services shall submit to the
congressional defense committees a report on the results of
such testing that includes--
``(A) an assessment and comparison of commercial e-commerce
portal providers with respect to--
``(i) price and quality of the commercial product supplied
by each commercial e-commerce portal model;
``(ii) supplier reliability and service;
``(iii) safeguards for the security of Government
information and third-party supplier proprietary information;
``(iv) protections against counterfeit commercial products;
``(v) supply chain risks, particularly with respect to
complex commercial products; and
``(vi) overall adherence to Federal procurement rules and
policies; and
``(B) an analysis of the costs and benefits of the
convenience to the Federal Government of procuring commercial
products from each commercial e-commerce portal providers.''.
SEC. 846. SUPPORT FOR INDUSTRY PARTICIPATION IN GLOBAL
STANDARDS ORGANIZATIONS.
(a) Definition.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the following:
(A) The Committee on Science, Space, and Technology of the
House of Representatives.
(B) The Committee on Commerce, Science, and Transportation
of the Senate.
(C) The Committee on Energy and Commerce of the House of
Representatives.
(D) The Committee on Energy and Natural Resources of the
Senate.
(E) The Committee on Small Business of the House of
Representatives.
(F) The Committee on Small Business and Entrepreneurship of
the Senate.
(3) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given the term in section
238(g) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (10 U.S.C. 2358 note).
(4) Covered entity.--The term ``covered entity'' means a
small business concern that is incorporated and maintains a
primary place of business in the United States.
(5) Small business concern.--The term ``small business
concern'' has the meaning given the term in section 3 of the
Small Business Act (15 U.S.C. 632).
(b) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall establish a
program to support participation by covered entities in
meetings and proceedings of standards development
organizations in the development of voluntary technical
standards.
(c) Activities.--In carrying out the program established
under subsection (a), the Administrator shall award
competitive, merit-reviewed grants to covered entities to
cover the reasonable costs, up to a specified ceiling, of
participation of employees of those covered entities in
meetings and proceedings of standards development
organizations, including--
(1) regularly attending meetings;
(2) contributing expertise and research;
(3) proposing new work items; and
(4) volunteering for leadership roles such as a convener or
editor.
(d) Award Criteria.--The Administrator may only provide a
grant under this section to a covered entity that--
(1) demonstrates deep technical expertise in key emerging
technologies and technical standards, including artificial
intelligence and related technologies;
(2) commits personnel with such expertise to regular
participation in global bodies responsible for developing
standards for such technologies over the period of the grant;
(3) agrees to participate in efforts to coordinate between
the Federal Government and industry to ensure protection of
national security interests in the setting of global
standards so long as such standards are not dictated by the
Federal Government; and
(4) provides a plan to the Administrator that details the
relationship between the activities described in paragraphs
(1), (2), and (3) and the proposed standards to be adopted.
(e) No Matching Contribution.--A recipient of an award
under this section shall not be required to provide a
matching contribution.
(f) Evaluation.--
(1) In general.--In making awards under this section, the
Administrator shall coordinate with the Director of the
National Institute of Standards and Technology, who shall
provide support in the assessment of technical expertise in
emerging technologies and standards setting needs.
(2) Panel ranking.--In carrying out the requirements under
paragraph (1), the Administrator and the Director shall
jointly establish a panel of experts to rank the proposed
standards, based on merit and relevance, to be composed of
experts from--
(A) private industry;
(B) non-profit institutions;
(C) non-profit standards development organizations;
(D) academia; and
(E) the Federal Government.
(g) Report.--Not less than annually, the Administrator
shall submit to the appropriate congressional committees a
report on--
(1) the efficacy of the program;
(2) an explanation of any standard adopted as a result of
the program;
(3) any challenges faced in carrying out the program; and
(4) proposed solutions to the challenges identified in
paragraph (3).
Subtitle E--Other Matters
SEC. 851. MISSION MANAGEMENT PILOT PROGRAM.
(a) In General.--Subject to the availability of
appropriations, the Secretary of Defense shall establish
within the Strategic Capabilities Office of the Department of
Defense a pilot program to identify lessons learned and
improved mission outcomes achieved by quickly delivering
solutions that fulfill critical operational needs arising
from cross-service missions undertaken by combatant commands
through the use of a coordinated and iterative approach to
develop, evaluate, and transition such solutions.
(b) Missions Selection.--
(1) In general.--Except as provided in paragraph (3), the
Deputy Secretary of Defense shall select missions with
respect to which to carry out the pilot program.
(2) Selection criteria.--When selecting missions under
paragraph (1), the Deputy Secretary of Defense shall--
(A) select missions with critical cross-service operational
needs; and
(B) consider--
(i) the strategic importance of the critical cross-service
operational needs to the operational plans of the relevant
combatant commands; and
(ii) the advice of the Cross-Functional Teams of the
Strategic Capabilities Office regarding mission selection.
(3) Initial mission.--
(A) In general.--Not later than four months after the date
of the enactment of this section, the Director of the
Strategic Capabilities Office shall select a mission under
the pilot program that has critical cross-service operational
needs and which is of strategic importance to the operational
plans of the United States Indo-Pacific Command.
(B) Mission selection approval.--The mission selected by
the Director of the Strategic Capabilities Office under
subparagraph (A) shall be subject to the approval of the
Deputy Secretary of Defense.
(c) Mission Managers.--
(1) In general.--A mission manager shall carry out the
pilot program with respect to each mission.
(2) Responsibilities.--With respect to each mission, the
relevant mission manager shall--
(A) identify critical cross-service operational needs by
enumerating the options available to the combatant command
responsible for carrying out such mission and determining the
resiliency of such options to threats from adversaries;
(B) in coordination with the military services and
appropriate Defense Agencies and Field Activities, develop
and deliver solutions, including software and information
technology solutions and other functionalities unaligned with
any one weapon system of a covered Armed Service, to--
(i) fulfill critical cross-service operational needs; and
(ii) address future changes to existing critical cross-
service operational needs by providing additional
capabilities;
(C) work with the combatant command responsible for such
mission and the related planning organizers, service program
managers, and defense research and development activities to
carry out iterative testing and support to initial
operational fielding of the solutions described in
subparagraph (B);
(D) conduct research, development, test, evaluation, and
transition support activities with respect to the delivery of
the solutions described in subparagraph (B);
(E) seek to integrate existing, emerging, and new
capabilities available to the Department of Defense in the
development of the solutions described in subparagraph (B);
and
(F) provide to the Deputy Secretary of Defense mission
management activity updates and reporting on the use of funds
under the pilot program with respect to such mission.
(3) Director of the strategic capabilities office.--The
Director of the Strategic Capabilities Office shall be the
mission manager for each mission selected under subsection
(b).
(4) Iterative approach.--The mission manager shall, to the
extent practicable, carry out the pilot program with respect
to each mission selected under subsection (b) by integrating
existing, emerging, and new military capabilities, and
managing a portfolio of small, iterative development and
support to initial operational fielding efforts.
(5) Other program management responsibilities.--The
activities undertaken by the mission manager with respect to
a mission, including mission management, do not supersede
[[Page H4672]]
or replace the program management responsibilities of any
other individual that are related to such missions.
(d) Data Collection Requirement.--The Deputy Secretary of
Defense shall develop and implement a plan to collect and
analyze data on the pilot program for the purposes of--
(1) developing and sharing best practices for applying
emerging technology and supporting new operational concepts
to improve outcomes on key military missions and operational
challenges; and
(2) providing information to the leadership of the
Department on the implementation of the pilot program and
related policy issues.
(e) Assessments.--During the five-year period beginning on
the date of the enactment of this Act, the Deputy Secretary
of Defense shall regularly assess--
(1) the authorities required by the missions manager to
effectively and efficiently carry out the pilot program with
respect to the missions selected under subsection (b); and
(2) whether the mission manager has access to sufficient
funding to carry out the research, development, test,
evaluation, and support to initial operational fielding
activities required to deliver solutions fulfilling the
critical cross-service operational needs of the missions.
(f) Briefings.--
(1) Semiannual briefing.--
(A) In general.--Not later than July 1, 2022, and every six
months thereafter until the date that is five years after the
date of the enactment of this Act, the mission manager shall
provide to the congressional defense committees a briefing on
the progress of the pilot program with respect to each
mission selected under subsection (b), the anticipated
mission outcomes, and the funds used to carry out the pilot
program with respect to such mission.
(B) Initial briefing.--The Deputy Secretary of Defense
shall include in the first briefing submitted under
subparagraph (A) a briefing on the implementation of the
pilot program, including--
(i) the actions taken to implement the pilot program;
(ii) an assessment of the pilot program;
(iii) requests for Congress to provide authorities required
to successfully carry out the pilot program; and
(iv) a description of the data plan required under
subsection (d).
(2) Annual briefing.--Not later than one year after the
date on which the pilot program is established, and annually
thereafter until the date that is five years after the date
of the enactment of this Act, the Deputy Secretary of Defense
shall submit to the congressional defense committees a
briefing on the pilot program, including--
(A) the data collected and analysis performed under
subsection (d);
(B) lessons learned;
(C) the priorities for future activities of the pilot
program; and
(D) such other information as the Deputy Secretary
determines appropriate.
(3) Recommendation.--Not later than two years after the
date of the enactment of this Act, the Deputy Secretary of
Defense shall submit to Congress a briefing on the
recommendations of the Deputy Secretary with respect to the
pilot program and shall concurrently submit to Congress--
(A) a written assessment of the pilot program;
(B) a written recommendation on continuing or expanding the
mission integration pilot program;
(C) requests for Congress to provide authorities required
to successfully carry out the pilot program; and
(D) the data collected and analysis performed under
subsection (d).
(g) Transition.--Beginning in fiscal year 2025, the Deputy
Secretary of Defense may transition responsibilities for
research, development, test, evaluation, and support to
initial operational fielding activities started under the
pilot program to other elements of the Department for
purposes of delivering solutions fulfilling critical cross-
service operational needs.
(h) Termination Date.--The pilot program shall terminate on
the date that is 5 years after the date of the enactment of
this Act.
(i) Rule of Construction.--Nothing in this section shall be
construed as providing any authority not otherwise provided
by law to procure, or enter agreements to procure, any goods,
materials, or services.
(j) Definitions.--In this section:
(1) Covered armed force.--The term ``covered Armed Force''
means--
(A) the Army;
(B) the Navy;
(C) the Air Force;
(D) the Marine Corps; or
(E) the Space Force.
(2) Cross-functional teams of the strategic capabilities
office.--The term ``Cross-Functional Teams of the Strategic
Capabilities Office'' means the teams established in the
Strategic Capabilities Office of the Department of Defense
pursuant to section 233(b) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1277; 10 U.S.C. 132 note).
(3) Cross-service.--The term ``cross-service'' means
pertaining to multiple covered Armed Forces.
(4) Cross-service operational need.--The term ``cross-
service operational need'' means an operational need arising
from a mission undertaken by a combatant command which
involves multiple covered Armed Forces.
(5) Defense agency; military department.--The terms
``Defense Agency'' and ``military department'' have the
meanings given such terms in section 101(a) of title 10,
United States Code.
(6) Field activity.--The term ``Field Activity'' has the
meaning given the term ``Department of Defense Field
Activity'' in section 101(a) of title 10, United States Code.
(7) Mission management.--The term ``mission management''
means the integration of materiel, digital, and operational
elements to improve defensive and offensive options and
outcomes for a specific mission or operational challenge.
(8) Pilot program.--The term ``pilot program'' means the
pilot program established under subsection (a).
SEC. 852. PILOT PROGRAM TO DETERMINE THE COST COMPETITIVENESS
OF DROP-IN FUELS.
(a) Establishment.--The Secretary of Defense, in
consultation with the Under Secretary of Defense for
Acquisition and Sustainment and the Under Secretary of
Defense (Comptroller), shall establish a pilot program to
determine the cost competitiveness of the fully burdened cost
of drop-in fuels compared with the fully burdened cost of
traditional fuels using a scenario-based strategic sourcing
tool as described in subsection (b).
(b) Use of Scenario-based Strategic Sourcing Tool.--The
Under Secretary of Defense (Comptroller), in coordination
with the Director of Defense Logistics Agency, shall identify
an aviation fuel program and use a commercially available
scenario-based strategic sourcing tool to--
(1) analyze performance risks and benefits of drop-in fuels
compared to traditional fuels;
(2) determine cost-competitiveness of drop-in fuels
compared to traditional fuels;
(3) improve supplier performance of contracts to procure
aviation fuel; and
(4) minimize risk, increase transparency, and manage
unforeseen circumstances for the Department of Defense.
(c) Documentation.--The Under Secretary of Defense
(Comptroller) shall use the scenario-based strategic sourcing
tool described in subsection (b) to maintain documentation of
the costs of each such contract in order to develop better
price estimates and procurement strategies for acquiring
aviation fuel.
(d) Report.--Not later than September 30, 2022, and
annually thereafter until the termination date described in
subsection (f), the Secretary of Defense shall submit a
report to the congressional defense committees on the status
and impact of the pilot program established under this
section.
(e) Definitions.--In this section:
(1) The terms ``drop-in fuel'', ``fully burdened cost'',
and ``traditional fuel'' have the meanings given,
respectively, in section 2922h of title 10, United States
Code.
(2) The term ``scenario-based strategic sourcing'' means a
method for testing the supply chain effects using automated
software to model various scenarios relating to--
(A) contract management;
(B) spend analysis;
(C) supplier management;
(D) sourcing; and
(E) external market variables.
(f) Termination.--The pilot program established under this
section shall terminate on September 30, 2027.
SEC. 853. ASSURING INTEGRITY OF OVERSEAS FUEL SUPPLIES.
(a) In General.--Before awarding a contract to an offeror
for the supply of fuel for any overseas contingency
operation, the Secretary of Defense shall--
(1) ensure, to the maximum extent practicable, that no
otherwise responsible offeror is disqualified for such award
on the basis of an unsupported denial of access to a facility
or equipment by the host nation government; and
(2) require assurances that the offeror will comply with
the requirements of subsections (b) and (c).
(b) Requirement.--An offeror for the supply of fuel for any
overseas contingency operation shall--
(1) certify that the provided fuel, in whole or in part, or
derivatives of such fuel, is not sourced from a nation or
region prohibited from selling petroleum to the United
States; and
(2) furnish such records as are necessary to verify
compliance with such anti-corruption statutes and regulations
as the Secretary determines necessary, including--
(A) the Foreign Corrupt Practices Act (15 U.S.C. 78dd-1 et
seq.);
(B) the regulations contained in parts 120 through 130 of
title 22, Code of Federal Regulations, or successor
regulations (commonly known as the ``International Traffic in
Arms Regulations'');
(C) the regulations contained in parts 730 through 774 of
title 15, Code of Federal Regulations, or successor
regulations (commonly known as the ``Export Administration
Regulations''); and
(D) such regulations as may be promulgated by the Office of
Foreign Assets Control of the Department of the Treasury.
(c) Report Required.--Not more than 180 days after the
award of a contract for the supply of fuel for any overseas
contingency operation that is greater than $50,000,000, the
Inspector General of the Department of Defense shall submit
to the congressional defense committees a report including--
(1) an assessment of the price per gallon for such fuel,
along with an assessment of the price per gallon for fuel
paid by other entities in the same nation or region of the
nation; and
(2) an assessment of the ability of the contractor awarded
such contract to comply with sanctions on Iran and monitor
for violations of those sanctions.
(d) Applicability.--Subsections (a), (b), and (c) of this
section shall apply with respect to contracts entered into on
or after the date of the enactment of this Act.
(e) Avoidance of Use of Lowest Price Technically Acceptable
Source Selection
[[Page H4673]]
Criteria for Fuel Procurement and Fuel-related Services.--
Section 813(c)(3) of the National Defense Authorization Act
for Fiscal Year 2017 (10 U.S.C. 2305 note) is amended by
inserting ``, including fuel procurement and fuel-related
services,'' after ``logistics services,''.
SEC. 854. CADRE OF SOFTWARE DEVELOPMENT AND ACQUISITION
EXPERTS.
(a) Cadre of Software Development and Acquisition
Experts.--
(1) Not later than January 1, 2022, the Secretary of
Defense, acting through the Under Secretary of Defense for
Acquisition and Sustainment, shall establish a cadre of
personnel who are experts in development and acquisition of
software. The purpose of the cadre is to ensure a consistent,
strategic, and highly knowledgeable approach to developing
and acquiring software by providing expert advice,
assistance, and resources to the acquisition workforce in
support of the policies established in accordance with
Department of Defense Instruction 5000.02, Operation of the
Adaptive Acquisition Framework, dated January 23, 2020.
(2) The Under Secretary shall establish an appropriate
leadership structure and office within which the cadre shall
be managed, and shall determine the appropriate official to
whom members of the cadre shall report.
(3) The cadre of experts shall be assigned to a program
office or an acquisition command within a military department
to advise, assist, and provide resources to a program manager
or program executive officer on matters pertaining to
software at various stages of the life cycle of a system,
including but not limited to integration, testing,
production, certification, deployment of capabilities to the
operational environment, and maintenance. In performing such
duties, the experts shall--
(A) Advise and assist in integration of modern software
development practices such as agile software development;
development, security, and operations (DevSecOps); and lean
practices.
(B) Advise and assist in leveraging industry best practices
for software development, deployment, upgrades, and
sustainment to include contracting for software as a service,
subscription models, use of prime contractors to assist in
integration, and other methods for acquiring or accessing
capability.
(C) In conjunction with the Cadre of Intellectual Property
Experts established pursuant to section 2322 of this title,
develop a strategy and licensing framework to enable
government procurement of commercial software, to include:
(i) in accordance with section 2377 of this title, a
preference for the acquisition of commercial software under
the license customarily provided to the public, except as
specified in paragraphs (ii) and (iii);
(ii) identification of terms or conditions that may be
inconsistent with federal procurement law;
(iii) identification of operational user needs that may
necessitate the negotiation of customized licenses to ensure
authorized use in unique operational environments; and
(iv) methods and procedures for use of stand-alone software
licensing in cases where other contract vehicles are
inappropriate or unavailable.
(D) Establish and lead cross-functional government-industry
teams that include operational users, data and system
architects, experts in artificial intelligence, developmental
and operational testers, software developers, and
cybersecurity experts to deliver software rapidly and
iteratively to meet the highest priority user needs.
(E) Advise and assist in the development of requirements,
acquisition strategy, product support strategy, and
intellectual property strategy for a system.
(F) Advise and assist in planning and budgeting for agile
software development and deployment, and the sustainment of
software over the life-cycle of the program, to include
consideration of the shifting landscape of continual cyber
threat and evolving cyber requirements.
(G) Conduct or assist with financial analysis, cost
estimation, and valuation of software, to include agile
software development, to include valuation of embedded
software as a standalone product or as part of modular open
system approach.
(H) Assist in the drafting of a solicitation, contract, or
other transaction agreement.
(I) Interact with or assist in interactions with
contractors, including communications and negotiations with
contractors on solicitations and awards.
(J) Foster culture change necessary to enable the
Department of Defense to embrace and leverage modern software
practices by:
(i) recommending policies to ensure program managers are
empowered to set and maintain the integrity of agile develop
process and priorities; and
(ii) educating key stakeholders in considerations regarding
the integration and incorporation of agile software
development practices with systems acquired under the major
capability acquisition pathway.
(4)(A) In order to achieve the purpose set forth in
paragraph (1), the Under Secretary shall ensure the cadre has
the appropriate number of staff and such staff possesses the
necessary skills, knowledge, and experience to carry out the
duties under paragraph (2), including in relevant areas of
law, commercial software licensing, contracting, acquisition,
logistics, engineering, financial analysis, cost estimation,
and valuation. The Under Secretary, in coordination with the
Defense Acquisition University and in consultation with
academia and industry, shall develop a career path, including
development opportunities, exchanges, talent management
programs, and training, for the cadre. The Under Secretary
may use existing authorities to staff the cadre, including
those in subparagraphs (B), (C), (D), and (F).
(B) Civilian personnel from within the Office of the
Secretary of Defense, Joint Staff, military departments,
Defense Agencies, and combatant commands may be assigned to
serve as members of the cadre, upon request of the Director.
(C) The Under Secretary may use the authorities for highly
qualified experts under section 9903 of title 5, to hire
experts as members of the cadre who are skilled professionals
in software development and acquisition, commercial software
licensing, and related matters.
(D) The Under Secretary may enter into a contract with a
private-sector entity for specialized expertise to support
the cadre. Such entity may be considered a covered Government
support contractor, as defined in section 2320 of this title.
(E) In establishing the cadre, the Under Secretary shall
give preference to civilian employees of the Department of
Defense, rather than members of the armed forces, to maintain
continuity in the cadre.
(F) The Under Secretary is authorized to use amounts in the
Defense Acquisition Workforce Development Fund for the
purpose of recruitment, training, and retention of the cadre,
including paying salaries of newly hired members of the cadre
for up to three years.
(G) In implementing this section, the Under Secretary shall
ensure compliance with applicable total force management
policies, requirements, and restrictions provided in sections
129a, 2329, and 2461 of title 10, United States Code.
(H) The Under Secretary shall ensure that any contractor
employee providing services in support of, or participation
in, the cadre established under this section and is
considered a Special Government Employee as defined by
section 202 of title 18, United States Code, is required to
file a confidential financial disclosure in accordance with
the Ethics in Government Act of 1978.
SEC. 855. ACQUISITION PRACTICES AND POLICIES ASSESSMENT.
(a) In General.--The Department of Defense Climate Working
Group established pursuant to Executive Order 14008 (86 Fed.
Reg. 7619, related to tackling the climate crisis), in
coordination with the Assistant Secretary of Defense for
Energy, Installations, and Environment, shall assess and
develop recommendations for implementing, in regulations, the
acquisition practices and policies described in subsection
(b) with respect to acquisitions by the Department of
Defense.
(b) Acquisition Practices and Policies.--The practices and
policies described in this subsection are--
(1) acquisition planning practices that promote the
acquisition of resource-efficient goods and services and that
support innovation in environmental technologies, including--
(A) weighing the cost savings and resource and energy
preservation of environmentally preferable goods or services
against the speed and uniformity of traditional goods or
services when identifying requirements or drafting the
statement of work;
(B) designing the technical specifications that set product
performance levels to diminish greenhouse gas emissions;
(C) restricting the statement of work or specifications to
only environmentally preferable goods or services where the
quality, availability, and price comparable to traditional
goods or services;
(D) engaging in public-private partnerships with private
sector and nonprofit institutions to design, build, and fund
low-carbon infrastructure; and
(E) collaborating with local jurisdictions surrounding
military installations, with a focus on military
installations located in States with established policies,
guidance, and processes for procuring goods and services in a
manner that minimizes environmental and social costs;
(2) source selection practices that promote the acquisition
of resource-efficient goods and services and that support
innovation in environmental technologies, including--
(A) considering any low-carbon or low-toxicity criteria as
competition factors on the basis of which the award is made
in addition to cost, past performance, and quality factors;
(B) using accepted standards, emissions data,
certifications, and labels to verify the environmental impact
of a good or service and enhance procurement efficiency;
(C) training acquisition professionals to evaluate the
credibility of certifications and labels purporting to convey
information about the environmental impact of a good or
service; and
(D) considering all the costs of a good or service that
will be incurred throughout its lifetime by calculating and
measuring operating costs, maintenance, end of life costs,
and residual value, including costs resulting from the carbon
and other greenhouse gas emissions associated with the good
or service; and
(3) consideration of the external economic, environmental,
and social effects arising over the entire life cycle of an
acquisition when making acquisition planning and source
selectpagion decisions.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the chair of the Department of Defense
Climate Working Group shall submit to the congressional
defense committees a report on the assessment conducted under
subsection (a), which shall include the recommendations
developed under such subsection.
(d) Definitions.--In this section:
(1) Environmentally preferable.--The term ``environmentally
preferable'', with respect to a good or service, means that
the good or service has a lesser or reduced effect on human
health and the environment when compared with competing goods
or services that serve the same purpose. The comparison may
consider raw materials acquisition, production,
manufacturing,
[[Page H4674]]
packaging, distribution, reuse, operation, maintenance, or
disposal of the good or service.
(2) Resource-efficient goods and services.--The term
``resource-efficient goods and services'' means goods and
services--
(A) that use fewer resources than competing goods and
services to serve the same purposes or achieve the same or
substantially similar result as such competing goods and
services; and
(B) for which the negative environmental impacts across the
full life cycle of such goods and services are minimized.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. MODIFICATION OF REQUIREMENTS FOR APPOINTMENT OF A
PERSON AS SECRETARY OF DEFENSE AFTER RELIEF
FROM ACTIVE DUTY.
Section 113(a) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' before ``There is''; and
(2) by striking the second sentence and inserting the
following new paragraph:
``(2)(A) Except as provided by subparagraph (B), a person
may not be appointed as Secretary of Defense during the
period of 10 years after relief from active duty as a
commissioned officer of a regular component of an armed force
in pay grade O-6 or above.
``(B) A person described in subparagraph (A) may be
appointed as Secretary of Defense if--
``(i) the President submits to Congress a request for
approval for such appointment; and
``(ii) Congress enacts a joint resolution of approval.
``(C) In this subsection, the term `joint resolution of
approval' means a joint resolution of either House of
Congress, the sole matter after the resolving clause of which
is as follows: ``The Congress approves exempting _____ from
the prohibition under section 113(a) of title 10, United
States Code, pursuant to the request of the President for
such exemption submitted to Congress on ______.'', with the
blank spaces being filled with the appropriate name and date,
respectively.''.
SEC. 902. IMPLEMENTATION OF REPEAL OF CHIEF MANAGEMENT
OFFICER OF THE DEPARTMENT OF DEFENSE.
Section 901(b)(1) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) is amended by striking ``, except that
any officer or employee so designated may not be an
individual who served as the Chief Management Officer before
the date of the enactment of this Act''.
SEC. 903. DESIGNATION OF SENIOR OFFICIAL FOR IMPLEMENTATION
OF ELECTROMAGNETIC SPECTRUM SUPERIORITY
STRATEGY.
(a) Designation.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
designate a senior official of the Department of Defense to
be responsible for, and accountable to the Secretary with
respect to, the implementation of the electromagnetic
spectrum superiority strategy. The Secretary shall designate
the senior official from among individuals who are appointed
to a position in the Department by the President, by and with
the advice and consent of the Senate.
(b) Responsibilities.--The senior official designated under
subsection (a) shall be responsible for the following:
(1) Oversight of policy, strategy, planning, resource
management, operational considerations, personnel, and
technology development necessary to implement the
electromagnetic spectrum superiority strategy.
(2) Evaluating whether the amount that the Department of
Defense expends on electromagnetic warfare and
electromagnetic spectrum operations capabilities is properly
aligned.
(3) Evaluating whether the Department is effectively
incorporating electromagnetic spectrum operations
capabilities and considerations into current and future
operational plans and concepts.
(4) Such other matters relating to electromagnetic spectrum
operations as the Secretary specifies for purposes of this
subsection.
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report that includes the
following:
(1) A review of the sufficiency of the rules of engagement
of the Department of Defense relating to electromagnetic
spectrum operations, in particular with respect to operating
below the level of armed conflict and to protect the
Department from electronic attack and disruption.
(2) Any other matters the Secretary determines relevant.
(d) Implementation Plan.--
(1) Submission.--Not later than 15 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a complete copy of the
implementation plan signed by the Secretary of Defense in
July 2021 for the Electromagnetic Spectrum Superiority
Strategy published in October 2020.
(2) Report.--Not later than 45 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the
implementation plan specified in paragraph (1). The report
shall include--
(A) an evaluation of the additional personnel, resources,
and authorities the Secretary determines will be needed by
the senior official of the Department of Defense designated
under subsection (a) who is responsible for implementing the
Electromagnetic Spectrum Superiority Strategy published in
October 2020; and
(B) a description of how the Secretary will ensure that
such implementation will be successful.
(e) Limitation on Availability of Funds; Quarterly
Briefings.--
(1) Limitation.--Of the funds authorized to be appropriated
or otherwise made available for fiscal year 2022 for the
Office of the Under Secretary of Defense for Acquisition and
Sustainment for the travel of persons--
(A) not more than 25 percent may be obligated or expended
until the Secretary provides to the congressional defense
committees the first quarterly briefing under paragraph (2);
(B) not more than 50 percent may be obligated or expended
until the Secretary provides to such committees the second
quarterly briefing under such paragraph; and
(C) not more than 75 percent may be obligated or expended
until the Secretary provides to such committees the third
quarterly briefing under such paragraph.
(2) Quarterly briefings.--On a quarterly basis during the
one-year period beginning on the date of the enactment of
this Act, the Secretary shall provide to the congressional
defense committees a briefing on the status of the
implementation plan specified in subsection (d)(1). Each
briefing shall include the following:
(A) An update on the efforts of the Department of Defense
to--
(i) achieve the strategic goals set out in the
electromagnetic spectrum superiority strategy; and
(ii) implement such strategy through various elements of
the Department.
(B) An identification of any additional authorities or
resources relating to electromagnetic spectrum operations
that the Secretary determines is necessary to implement the
strategy.
(f) Electromagnetic Spectrum Superiority Strategy
Defined.--In this section, the term ``electromagnetic
spectrum superiority strategy'' means the Electromagnetic
Spectrum Superiority Strategy of the Department of Defense
published in October 2020, and any such successor strategy.
Subtitle B--Other Department of Defense Organization and Management
Matters
SEC. 911. CLARIFICATION OF TREATMENT OF OFFICE OF LOCAL
DEFENSE COMMUNITY COOPERATION AS A DEPARTMENT
OF DEFENSE FIELD ACTIVITY.
(a) Treatment of Office of Local Defense Community
Cooperation as a Department of Defense Field Activity.--
(1) Transfer to chapter 8.--Section 146 of title 10, United
States Code, is transferred to subchapter I of chapter 8 of
such title, inserted after section 197, and redesignated as
section 198.
(2) Treatment as department of defense field activity.--
Section 198(a) of such title, as transferred and redesignated
by subsection (a) of this subsection, is amended--
(A) by striking ``in the Office of the Secretary of Defense
an office to be known as the'' and inserting ``in the
Department of Defense an''; and
(B) by adding at the end the following: ``The Secretary
shall designate the Office as a Department of Defense Field
Activity pursuant to section 191, effective as of the date of
the enactment of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283).''.
(3) Appointment of director.--Such section 198 is further
amended--
(A) in subsection (b) in the matter preceding paragraph
(1), by striking ``Under Secretary of Defense for Acquisition
and Sustainment'' and inserting ``Secretary of Defense''; and
(B) in subsection (c)(4), by striking ``Under Secretary of
Defense for Acquisition and Sustainment'' and inserting
``Secretary''.
(4) Clerical amendments.--
(A) Chapter 4.--The table of sections at the beginning of
chapter 4 of title 10, United States Code, is amended by
striking the item relating to section 146.
(B) Chapter 8.--The table of sections at the beginning of
subtitle I of chapter 8 of such title is amended by inserting
after the item relating to section 197 the following new
item:
``198. Office of Local Defense Community Cooperation.''.
(b) Limitation on Involuntary Separation of Personnel.--No
personnel of the Office of Local Defense Community
Cooperation under section 198 of title 10, United States Code
(as added by subsection (a)), may be involuntarily separated
from service with that Office during the one-year period
beginning on the date of the enactment of this Act, except
for cause.
(c) Administration of Programs.--Any program, project, or
other activity administered by the Office of Economic
Adjustment of the Department of Defense as of the date of the
enactment of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283)
shall be administered by the Office of Local Defense
Community Cooperation under section 198 of title 10, United
States Code (as added by subsection (a)).
(d) Conforming Repeal.--Section 905 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) is repealed.
SEC. 912. USE OF COMBATANT COMMANDER INITIATIVE FUND FOR
CERTAIN ENVIRONMENTAL MATTERS.
(a) Authorized Activities.--Subsection (b) of section 166a
of title 10, United States Code, is amended--
(1) by redesignating paragraphs (7) through (10) as
paragraphs (8) through (11), respectively; and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) Resilience of military installations, ranges, and key
supporting civilian infrastructure to extreme weather events
and other changing environmental conditions.''.
(b) Conforming Amendment.--Subsection (c)(1) of such
section is amended by striking
[[Page H4675]]
``and sustainability'' and all that follows and inserting the
following: ``sustainability, and resilience of the forces
assigned to the commander requesting the funds or of
infrastructure supporting such forces;''.
SEC. 913. INCLUSION OF EXPLOSIVE ORDNANCE DISPOSAL IN SPECIAL
OPERATIONS ACTIVITIES.
Section 167(k) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new
paragraph (10):
``(10) Explosive ordnance disposal.''.
SEC. 914. COORDINATION OF CERTAIN NAVAL ACTIVITIES WITH THE
SPACE FORCE.
Section 8062(d) of title 10, United States Code, is amended
by inserting ``the Space Force,'' after ``the Air Force,''.
SEC. 915. SPACE FORCE ORGANIZATIONAL MATTERS AND MODIFICATION
OF CERTAIN SPACE-RELATED ACQUISITION
AUTHORITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Congress established the Space Force to improve the
acquisition of resilient satellite and ground system
architectures, encourage personnel retention, and emphasize
the need to organize, train, and equip for a potential future
conflict in the space domain;
(2) as the Space Force continues efforts to become fully
operational, it should remain committed to building a ``lean,
agile, and fast'' organization, as the Chief of Space
Operations, General John W. Raymond, has often stated; and
(3) in areas in which legislative action is needed,
including with respect to organizational structure and
personnel requirements, the Secretary of the Air Force and
the Chief of Space Operations should maintain consistent
communication with Congress to ensure that the founding
principle behind the establishment of the Space Force--to
build a small organization responsive to a rapidly changing
domain--is upheld.
(b) Implementation Date for Service Acquisition Executive
of the Department of the Air Force for Space Systems and
Program.--
(1) Implementation date.--Section 957 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 10 U.S.C. 9016 note) is amended--
(A) in subsection (a), by striking ``Effective October 1,
2022, there shall be'' and inserting ``Effective on the date
specified in subsection (d), there shall be'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``Effective as of October
1, 2022,'' and inserting ``Effective as of the date specified
in subsection (d)''; and
(ii) in paragraph (2), by striking ``as of October 1,
2022,'' and inserting ``as of the date specified in
subsection (d)'';
(C) in subsection (c)(3), by striking ``October 1, 2022''
and inserting ``the date specified in subsection (d)''; and
(D) by adding at the end the following new subsection:
``(d) Date Specified.--The date specified in this
subsection is a date determined by the Secretary of the Air
Force that is not later than October 1, 2022.''.
(2) Conforming amendments.--
(A) Transfer of acquisition projects for space systems and
programs.--Section 956(b)(3) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 10
U.S.C. 9016 note) is amended--
(i) by striking ``Effective October 1, 2022,'' and
inserting ``Effective on the date specified in section
957(d),''; and
(ii) by striking ``as of September 30, 2022'' and inserting
``as of the day before the date specified in section
957(d)''.
(B) Responsibilities of assistant secretary of the air
force for space acquisition and integration.--Section
9016(b)(6)(B)(vi) of title 10, United States Code, is amended
by striking ``Effective as of October 1, 2022, in accordance
with section 957 of that Act,'' and inserting ``Effective as
of the date specified in section 957(d) of such Act, and in
accordance with such section 957,''.
(c) Senior Procurement Executive Authorities.--
(1) Office of the secretary of the air force.--Section
9014(c) of title 10, United States Code, is amended--
(A) in paragraph (2), by striking ``The Secretary of the
Air Force shall'' and inserting ``Subject to paragraph (6),
the Secretary of the Air Force shall''; and
(B) by inserting after paragraph (5) the following new
paragraph:
``(6) Notwithstanding section 1702 of title 41, the
Secretary of the Air Force may assign to the Assistant
Secretary of the Air Force for Space Acquisition and
Integration duties and authorities of the senior procurement
executive that pertain to space systems and programs.''.
(2) Assistant secretaries of the air force.--Section
9016(b)(6)(B)(vi) of title 10, United States Code, as amended
by subsection (b)(2)(B) of this section, is further amended
by inserting ``and discharge any senior procurement executive
duties and authorities assigned by the Secretary of the Air
Force pursuant to section 9014(c)(6) of this title'' after
``Space Systems and Programs''.
SEC. 916. REPORT ON ESTABLISHMENT OF OFFICE TO OVERSEE
SANCTIONS WITH RESPECT TO CHINESE MILITARY
COMPANIES.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the feasibility of
establishing an office within the Department of Defense to
oversee sanctions with respect to Chinese military companies.
(b) Elements.--The report under subsection (a) shall
include, at a minimum, the following:
(1) An explanation of where in the organizational structure
of the Department such an office should be established.
(2) An assessment any benefits and drawbacks that may
result from--
(A) establishing such an office; and
(B) making oversight of sanctions with respect to Chinese
military companies an internal responsibility of the
Department.
(c) Chinese Military Company Defined.--In this section, the
term ``Chinese military company'' has the meaning given that
term in section 1260H(d) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
SEC. 917. INDEPENDENT REVIEW OF AND REPORT ON THE UNIFIED
COMMAND PLAN.
(a) Review Required.--
(1) In general.--The Secretary of Defense shall provide for
an independent review of the current Unified Command Plan.
(2) Elements.--The review required by paragraph (1) shall
include the following:
(A) An assessment of the most recent Unified Command Plan
with respect to--
(i) current and anticipated threats;
(ii) deployment and mobilization of the Armed Forces; and
(iii) the most current versions of the National Defense
Strategy and Joint Warfighting Concept.
(B) An evaluation of the missions, responsibilities, and
associated force structure of each geographic and functional
combatant command.
(C) An assessment of the feasibility of alternative Unified
Command Plan structures.
(D) Recommendations, if any, for alternative Unified
Command Plan structures.
(E) Recommendations, if any, for how combatant command
assessments of the capabilities and capacities required to
conduct the routine and contingency operations assigned to
such commands can more effectively drive military service
modernization and procurement planning.
(F) Recommendations, if any, for modifications to sections
161 through 169 of title 10, United States Code.
(G) Any other matter the Secretary considers appropriate.
(3) Conduct of review by independent entity.--
(A) In general.--The Secretary shall--
(i) select an entity described in subparagraph (B) to
conduct the review required by paragraph (1); and
(ii) ensure that the review is conducted independently of
the Department of Defense.
(B) Entity described.--An entity described in this
subparagraph is--
(i) a federally funded research and development center; or
(ii) an independent, nongovernmental institute that--
(I) is described in section 501(c)(3) of the Internal
Revenue Code of 1986;
(II) is exempt from taxation under section 501(c) of that
Code; and
(III) has recognized credentials and expertise in national
security and military affairs.
(b) Report to Congress.--
(1) In general.--Not later than October 1, 2022, the
Secretary shall submit to the Committees on Armed Services of
the Senate and House of Representatives the results of the
review conducted under subsection (a).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
Subtitle C--Space National Guard
SEC. 921. ESTABLISHMENT OF SPACE NATIONAL GUARD.
(a) Establishment.--
(1) In general.--There is established a Space National
Guard that is part of the organized militia of the several
States and Territories, Puerto Rico, and the District of
Columbia--
(A) in which the Space Force operates; and
(B) active and inactive.
(2) Reserve component.--There is established a Space
National Guard of the United States that is the reserve
component of the United States Space Force all of whose
members are members of the Space National Guard.
(b) Composition.--The Space National Guard shall be
composed of the Space National Guard forces of the several
States and Territories, Puerto Rico and the District of
Columbia--
(1) in which the Space Force operates; and
(2) active and inactive.
SEC. 922. NO EFFECT ON MILITARY INSTALLATIONS.
Nothing in this subtitle, or the amendments made by this
subtitle, shall be construed to authorize or require the
relocation of any facility, infrastructure, or military
installation of the Space National Guard or Air National
Guard.
SEC. 923. IMPLEMENTATION OF SPACE NATIONAL GUARD.
(a) Requirement.--Except as specifically provided by this
subtitle, the Secretary of the Air Force and Chief of the
National Guard Bureau shall implement this subtitle, and the
amendments made by this subtitle, not later than 18 months
after the date of the enactment of this Act.
(b) Briefings.--Not later than 90 days after the date of
the enactment of this Act, and annually for the five
subsequent years, the Secretary of the Air Force, Chief of
the Space Force and Chief of the National Guard Bureau shall
jointly provide to the congressional defense committees a
briefing on the status of the implementation of the Space
National Guard pursuant to this subtitle and the amendments
made by this subtitle. This briefing shall address the
current missions, operations and activities, personnel
requirements and status, and budget and funding
[[Page H4676]]
requirements and status of the Space National Guard, and such
other matters with respect to the implementation and
operation of the Space National Guard as the Secretary and
the Chiefs jointly determine appropriate to keep Congress
fully and currently informed on the status of the
implementation of the Space National Guard.
SEC. 924. CONFORMING AMENDMENTS AND CLARIFICATION OF
AUTHORITIES.
(a) Definitions.--
(1) Title 10, united states code.--Title 10, United States
Code, is amended--
(A) in section 101--
(i) in subsection (c)--
(I) by redesignating paragraphs (6) and (7) as paragraphs
(8) and (9), respectively; and
(II) by inserting after paragraph (5) the following new
paragraphs:
``(6) The term `Space National Guard' means that part of
the organized militia of the several States and territories,
Puerto Rico, and the District Of Columbia, active and
inactive, that--
``(A) is a space force;
``(B) is trained, and has its officers appointed under the
sixteenth clause of section 8, article I of the Constitution;
``(C) is organized, armed, and equipped wholly or partly at
Federal expense; and
``(D) is federally recognized.
``(7) The term `Space National Guard of the United States'
means the reserve component of the Space Force all of whose
members are members of the Space National Guard.''.
(B) in section 10101--
(i) in the matter preceding paragraph (1), by inserting
``the following'' before the colon; and
(ii) by adding at the end the following new paragraph:
``(8) The Space National Guard of the United States.''; and
(2) Title 32, united states code.--Section 101 of title 32,
United States Code is amended--
(A) by redesignating paragraphs (8) through (19) as
paragraphs (10) and (21), respectively; and
(B) by inserting after paragraph (7) the following new
paragraphs:
``(8) The term `Space National Guard' means that part of
the organized militia of the several States and territories,
Puerto Rico, and the District Of Columbia, in which the Space
Force operates, active and inactive, that--
``(A) is a space force;
``(B) is trained, and has its officers appointed under the
sixteenth clause of section 8, article I of the Constitution;
``(C) is organized, armed, and equipped wholly or partly at
Federal expense; and
``(D) is federally recognized.
``(9) The term `Space National Guard of the United States'
means the reserve component of the Space Force all of whose
members are members of the Space National Guard.''.
(b) Reserve Components.--Chapter 1003 of title 10, United
States Code, is amended--
(1) by adding at the end the following new sections:
``Sec. 10115. Space National Guard of the United States:
composition
``The Space National Guard of the United States is the
reserve component of the Space Force that consists of--
``(1) federally recognized units and organizations of the
Space National Guard; and
``(2) members of the Space National Guard who are also
Reserves of the Space Force.
``Sec. 10116. Space National Guard: when a component of the
Space Force
``The Space National Guard while in the service of the
United States is a component of the Space Force.
``Sec. 10117. Space National Guard of the United States:
status when not in Federal service
``When not on active duty, members of the Space National
Guard of the United States shall be administered, armed,
equipped, and trained in their status as members of the Space
National Guard.''; and
(2) in the table of sections at the beginning of such
chapter, by adding at the end the following new items:
``10115. Space National Guard of the United States: composition.
``10116. Space National Guard: when a component of the Space Force.
``10117. Space National Guard of the United States: status when not in
Federal service.''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2022 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$6,500,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military
personnel authorizations under title IV shall not be counted
toward the dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a)
to transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. DETERMINATION OF BUDGETARY EFFECTS.
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,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
SEC. 1003. BUDGET JUSTIFICATION FOR OPERATION AND
MAINTENANCE.
(a) Subactivity Group by Future Years.--Section 233 of
title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Subactivity Groups.--The Secretary of Defense, in
consultation with the Secretary of each of the military
departments, shall include in the materials submitted to
Congress by the Secretary of Defense in support of the
President's budget, in an unclassified format, the total
amount projected for each individual subactivity group, as
detailed in the future years defense program pursuant to
section 221 of this title.''.
(b) Budget Submission Display.--Section 233 of title 10,
United States Code, is further amended by inserting after
subsection (c), as added by subsection (a), the following new
subsection:
``(d) Budget Display.--The Secretary of Defense, in
consultation with the Secretary of each of the military
departments, shall include in the O&M justification documents
a budget display to provide for discussion and evaluation of
the resources required to meet material readiness objectives,
as identified in the metrics required by section 118 of this
title. For each major weapon system, by designated mission
design series, variant, or class, the budget display required
under this subsection for the budget year shall include each
of the following:
``(1) The material availability objective established in
accordance with the requirements of section 118 of this
title.
``(2) The funds obligated by subactivity group within the
operation and maintenance accounts for the second fiscal year
preceding the budget year.
``(3) The funds estimated to be obligated by subactivity
group within the operation and maintenance accounts for the
fiscal year preceding the budget year.
``(4) The funds budgeted and programmed across the future
years defense program within the operation and maintenance
accounts by subactivity group.
``(5) A narrative discussing the performance of the
Department against established material readiness objectives
for each major weapon system by mission design series,
variant, or class (and any related supply chain risks) and
any specific actions or investments the Department intends to
take to achieve the material readiness objectives for each
such system.''.
(c) Implementation Deadline.--The Secretary of Defense
shall ensure that the budget display requirements required
under the amendments made by this section are included in the
budget request for fiscal year 2023 and all fiscal years
thereafter.
(d) Conforming Repeal.--Section 357 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. 221 note) is repealed.
Subtitle B--Naval Vessels
SEC. 1011. CRITICAL COMPONENTS OF NATIONAL SEA-BASED
DETERRENCE VESSELS.
Section 2218a(k)(3) of title 10, United States Code, is
amended by adding at the end the following new subparagraphs:
``(P) Major bulkheads and tanks.
``(Q) All major pumps and motors.
``(R) Large vertical array.
``(S) Atmosphere control equipment.
``(T) Diesel systems and components.
``(U) Hydraulic valves and components.
``(V) Bearings.
``(W) Major air and blow valves and components.
``(X) Decks and superstructure.
``(Y) Castings, forgings, and tank structure.
``(Z) Hatches and hull penetrators.''.
SEC. 1012. BIENNIAL REPORT ON SHIPBUILDER TRAINING AND THE
DEFENSE INDUSTRIAL BASE.
(a) Technical Correction.--The second section 8692 of title
10, United States Code, as added by section 1026 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283) is redesignated
as section 8693 and the table of sections at the beginning of
chapter 863 of such title is conformed accordingly.
(b) Modification of Report.--Such section is further
amended--
(1) by striking ``Not later'' and inserting ``(a) In
General.--Not later'';
(2) in subsection (a), as so redesignated, by adding at the
end the following new paragraph:
``(7) An analysis of the potential benefits of multi-year
procurement contracting for the stability of the shipbuilding
defense industrial base.''; and
[[Page H4677]]
(3) by adding at the end the following new subsection:
``(b) Solicitation and Analysis of Information.--In order
to carry out subsection (a)(2), the Secretary of the Navy and
Secretary of Labor shall--
``(1) solicit information regarding the age demographics
and occupational experience level from the private shipyards
of the shipbuilding defense industrial base; and
``(2) analyze such information for findings relevant to
carrying out subsection (a)(2), including findings related to
the current and projected defense shipbuilding workforce,
current and projected labor needs, and the readiness of the
current and projected workforce to supply the proficiencies
analyzed in subsection (a)(1).''.
SEC. 1013. REVISION OF SUSTAINMENT KEY PERFORMANCE PARAMETERS
FOR SHIPBUILDING PROGRAMS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
update the policy for the Joint Capabilities Integration and
Development System to ensure that the guidance for setting
sustainment key performance parameters for shipbuilding
programs accounts for all factors that could affect the
operational availability and materiel availability of a ship.
Such changes shall include--
(1) changing the definition of ``operational availability''
as it applies to ships so that such definition applies
according to mission area and includes all equipment failures
that affect the ability of a ship to perform primary
missions; and
(2) changing the definition of ``materiel availability'' as
is it applies to ships so that such definition takes into
account all factors that could result in a ship being
unavailable for operations, including unplanned maintenance,
unplanned losses, and training.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to congressional defense committees a report on
the plan of the Secretary to--
(1) incorporate the sustainment key performance parameters
revised under subsection (a) into the requirement documents
of new and ongoing shipbuilding programs; and
(2) establish a process for translating such sustainment
key performance parameters into specific contract
requirements for systems engineering and ship design.
(c) Comptroller General Review.--Not later than one year
after the Secretary of Defense submits the report required
under subsection (b), the Comptroller General of the United
States shall submit to the congressional defense committees
an assessment of such report that includes an evaluation of--
(1) the sustainment key performance parameters for
Department of Defense shipbuilding programs;
(2) how shipbuilding programs translate sustainment key
performance parameters into contract requirements for systems
engineering and ship design activities; and
(3) any other matter the Comptroller General determines
appropriate.
SEC. 1014. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF MARK
VI PATROL BOATS.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2022 for the Navy may be obligated or expended to
retire, prepare to retire, or place in storage any Mark VI
patrol boat.
(b) Report.--Not later than February 15, 2022, the
Secretary of the Navy, in consultation with the Commandant of
the Marine Corps, shall submit to the congressional defense
committees a report that includes each of the following:
(1) The rationale for the retirement of existing Mark VI
patrol boats, including an operational analysis of the effect
of such retirements on the warfighting requirements of the
combatant commanders.
(2) A review of operating concepts for escorting high value
units without the Mark VI patrol boat.
(3) A description of the manner and concept of operations
in which the Marine Corps could use the Mark VI patrol boat
to support distributed maritime operations, advanced
expeditionary basing operations, and persistent presence near
maritime choke points and strategic littorals in the Indo-
Pacific region.
(4) An assessment of the potential for modification, and
the associated costs, of the Mark VI patrol boat for the
inclusion of loitering munitions or anti-ship cruise
missiles, such as the Long Range Anti Ship Missile and the
Naval Strike Missile, particularly to support the concept of
operations described in paragraph (3).
(5) A description of resources required for the Marine
Corps to possess, man, train, and maintain the Mark VI patrol
boat in the performance of the concept of operations
described in paragraph (3) and modifications described in
paragraph (4).
(6) At the discretion of the Commandant of the Marine
Corps, a plan for the Marine Corps to take possession of the
Mark VI patrol boat not later than September 30, 2022.
(7) Such other matters the Secretary determines
appropriate.
SEC. 1015. ASSESSMENT OF SECURITY OF GLOBAL MARITIME
CHOKEPOINTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the security of global maritime chokepoints from the threat
of hostile kinetic attacks, cyber disruptions, and other form
of sabotage. The report shall include an assessment of each
of the following with respect to each global maritime
chokepoint covered by the report:
(1) The expected length of time and resources required for
operations to resume at the chokepoint in the event of
attack, sabotage, or other disruption of regular maritime
operations.
(2) The security of any secondary chokepoint that could be
affected by a disruption at the global maritime chokepoint.
(3) Options to mitigate any vulnerabilities resulting from
a hostile kinetic attack, cyber disruption, or other form of
sabotage at the chokepoint.
(b) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form, but may contain a
classified annex.
(c) Global Maritime Chokepoint.--In this section, the term
``global maritime chokepoint'' means any of the following:
(1) The Panama Canal.
(2) The Suez Canal.
(3) The Strait of Malacca.
(4) The Strait of Hormuz.
(5) Any other chokepoint determined appropriate by the
Secretary.
SEC. 1016. ANNUAL REPORT ON SHIP MAINTENANCE.
(a) In General.--Chapter 863 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 8694. Annual report on ship maintenance
``(a) Report Required.--Not later than October 15 of each
year, the Secretary of the Navy shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report setting forth each of the following:
``(1) A description of all ship maintenance planned for the
fiscal year during which the report is submitted, by hull.
``(2) The estimated cost of the maintenance described in
paragraph (1).
``(3) A summary of all ship maintenance conducted by the
Secretary during the previous fiscal year.
``(4) A detailed description of any ship maintenance that
was deferred during the previous fiscal year, including
specific reasons for the delay or cancellation of any
availability.
``(5) A detailed description of the effect of each of the
planned ship maintenance actions that were delayed or
cancelled during the previous fiscal year, including--
``(A) a summary of the effects on the costs and schedule
for each delay or cancellation; and
``(B) the accrued operational and fiscal cost of all the
deferments over the fiscal year.
``(b) Form of Report.-- Each report submitted under
subsection (a) shall submitted in unclassified form and made
publicly available on an appropriate internet website in a
searchable format, but may contain a classified annex.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new section:
``8694. Annual report on ship maintenance.''.
SEC. 1017. AVAILABILITY OF FUNDS FOR RETIREMENT OR
INACTIVATION OF TICONDEROGA CLASS CRUISERS.
(a) Limitation on Availability of Funds.--Except as
provided in subsection (b), none of the funds authorized to
be appropriated by this Act or otherwise made available for
fiscal year 2022 for the Department of Defense may be
obligated or expended to retire, prepare to retire,
inactivate, or place in storage a cruiser.
(b) Exception.--Notwithstanding subsection (a), the funds
referred to in such subsection may be obligated or expended
to retire any of the following vessels:
(1) The USS Hue City (CG 66).
(2) The USS Vela Gulf (CG72).
(3) The USS Port Royal (CG 73).
(4) USS Anzio (CG 68).
Subtitle C--Counterterrorism
SEC. 1021. INCLUSION IN COUNTERTERRORISM BRIEFINGS OF
INFORMATION ON USE OF MILITARY FORCE IN
COLLECTIVE SELF-DEFENSE.
Section 485(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) A detailed overview of all instances of the use of
military force by Special Operations Forces under the notion
of the collective self-defense of foreign partners that
includes, for each such instance--
``(A) the date, location, and duration of the use of
military force;
``(B) an identification of any foreign forces involved;
``(C) a description of the capabilities employed;
``(D) a description of the circumstances that led to use of
military force; and
``(E) the operational authorities or execute orders for the
instance.''.
SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO
PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES
CONDUCTING COUNTER-TERRORISM ACTIVITIES.
Section 1022(b) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 271 note)
is amended by striking ``2022'' and inserting ``2024''.
SEC. 1023. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO
CERTAIN COUNTRIES.
No amounts authorized to be appropriated or otherwise made
available for the Department of Defense may be used during
the period beginning on the date of the enactment of this Act
and ending on December 31, 2022, to transfer, release, or
assist in the transfer or release of any individual detained
in the custody or under the control of the Department of
Defense at United States Naval Station, Guantanamo Bay, Cuba,
[[Page H4678]]
to the custody or control of any country, or any entity
within such country, as follows:
(1) Libya.
(2) Somalia.
(3) Syria.
(4) Yemen.
Subtitle D--Miscellaneous Authorities and Limitations
SEC. 1031. NAVY COORDINATION WITH COAST GUARD ON AIRCRAFT,
WEAPONS, TACTICS, TECHNIQUE, ORGANIZATION, AND
EQUIPMENT OF JOINT CONCERN.
Section 8062(d) of title 10, United States Code, is amended
by inserting ``the Coast Guard,'' after ``the Air Force,''.
SEC. 1032. PROHIBITION ON USE OF NAVY, MARINE CORPS, AND
SPACE FORCE AS POSSE COMITATUS.
(a) In General.--Section 1385 of title 18, United States
Code, is amended--
(1) by striking ``or'' after ``Army'' and inserting ``, the
Navy, the Marine Corps,'';
(2) by inserting ``, or the Space Force'' after ``Air
Force''; and
(3) in the section heading, by striking ``Army and Air
Force'' and inserting ``Army, Navy, Marine Corps, Air Force,
and Space Force''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 67 of such title is amended by striking
the item relating to section 1385 and inserting the following
new item:
``1385. Use of Army, Navy, Marine Corps, Air Force, and Space Force as
posse comitatus''.
SEC. 1033. PROGRAM TO IMPROVE RELATIONS BETWEEN MEMBERS OF
THE ARMED FORCES AND MILITARY COMMUNITIES.
(a) In General.--Chapter 23 of title 10, United States
Code, is amended by inserting after section 481a the
following new section:
``Sec. 481b. Program to improve relations between members of
the Armed Forces and military communities
``(a) Survey.--(1) The Secretary of Defense, acting through
the Office of Diversity Management and Equal Opportunity,
shall conduct a biennial survey of covered individuals
regarding relations between covered individuals and covered
communities.
``(2) The survey shall be conducted to solicit information
from covered individuals regarding the following:
``(A) Rank, age, racial, ethnic, and gender demographics of
the covered individuals.
``(B) Relationships of covered individuals with the covered
community. including support services and acceptance of the
military community.
``(C) Availability of housing, employment opportunities for
military spouses, health care, education, and other relevant
issues.
``(D) Initiatives of local government and community
organizations in addressing diversity, equity, and inclusion.
``(E) Physical safety while in a covered community but
outside the military installation located in such covered
community.
``(F) Any other matters designated by the Secretary of
Defense.
``(b) Additional Activities.--Additional activities under
this section may include the following:
``(1) Facilitating local listening sessions and information
exchanges.
``(2) Developing educational campaigns.
``(3) Supplementing existing local and national defense
community programs.
``(4) Sharing best practices and activities.
``(c) Coordination.--To support activities under this
section, the Secretary of Defense may coordinate with local
governments or not-for-profit organizations that represent
covered individuals.
``(d) Report.--(1) Not later than September 30 of every
other year, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the most recent survey under
subsection (a).
``(2) Each report under paragraph (1) shall include--
``(A) with respect to each covered community--
``(i) the results of the survey required under subsection
(b); and
``(ii) activities conducted to address racial inequity in
the community;
``(B) aggregate results of the survey required under
subsection (b); and
``(C) best practices for creating positive relationships
between covered individuals and covered communities.
``(3) The Secretary of Defense shall--
``(A) designate ten geographically diverse military
installations for review in each survey;
``(B) make the results of each report under paragraph (1)
available on a publicly accessible website of the Department
of Defense; and
``(C) ensure that any data included with the report is made
available in a machine-readable format that is downloadable,
searchable, and sortable.
``(e) Definitions.--In this section:
``(1) The term `covered community' means a military
installation designated under subsection (e)(3)(A) and the
area within 10 miles of such military installation.
``(2) The term `covered individual' means any of the
following who lives in a covered community or works on a
military installation in a covered community:
``(A) A member of the armed forces.
``(B) A family member of an individual described in
subparagraph (A) or (B).
``(3) The term `military installation' has the meaning
given such term in section 2801 of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 481a the following new item:
``481b. Program to improve relations between members of the Armed
Forces and military communities.''.
(c) Implementation.--The Secretary of Defense shall carry
out the first survey under section 481b(a) of such title, as
added by subsection (a), not later than one year after the
date of the enactment of this Act.
SEC. 1034. AUTHORITY TO PROVIDE SPACE AND SERVICES TO
MILITARY WELFARE SOCIETIES.
Section 2566 of title 10, United States Code is amended--
(1) in subsection (a), by striking ``of a military
department'' and inserting ``concerned''; and
(2) in subsection (b)(1), by adding at the end the
following new subparagraph:
``(D) The Coast Guard Mutual Assistance.''.
SEC. 1035. REQUIRED REVISION OF DEPARTMENT OF DEFENSE
UNMANNED AIRCRAFT SYSTEMS CATEGORIZATION.
(a) In General.--The Under Secretary of Defense for
Acquisition and Sustainment shall initiate a process to
review and revise the system used by the Department of
Defense for categorizing unmanned aircraft systems, as
described in Joint Publication 3-30 titled ``Joint Air
Operations''.
(b) Required Elements for Revision.--In revising the
characteristics associated with any of the five categories of
unmanned aircraft systems in effect as of the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall consider the effect a
revision would have on--
(1) the future capability and employment needs to support
current and emerging warfighting concepts;
(2) advanced systems and technologies available in the
current commercial marketplace;
(3) the rapid fielding of unmanned aircraft systems
technology; and
(4) the integration of unmanned aircraft systems into the
National Airspace System.
(c) Consultation Requirements.--In carrying out the review
required under subsection (a), the Under Secretary of Defense
for Acquisition and Sustainment shall consult with--
(1) the Secretaries of the Military Departments;
(2) the Chairman of the Joint Chiefs of Staff; and
(3) the Administrator of the Federal Aviation
Administration.
(d) Report Required.--Not later than March 1, 2022, the
Under Secretary of Defense for Acquisition and Sustainment
shall submit to the congressional defense committees, the
Committee on Transportation and Infrastructure of the House
of Representatives, and the Committee on Commerce, Science,
and Transportation of the Senate a report describing the
results of the review initiated under subsection (a), any
revisions planned to the system used by the Department of
Defense for categorizing unmanned aircraft systems as a
result of such review, and a proposed implementation plan and
timelines for such revisions.
SEC. 1036. LIMITATION ON FUNDING FOR INFORMATION OPERATIONS
MATTERS.
Of the amounts authorized to be appropriated for fiscal
year 2022 by section 301 for operation and maintenance and
available for the Office of the Secretary of Defense for the
travel of persons as specified in the table in section 4301--
(1) not more than 25 percent shall be available until the
date on which the report required by subsection (h)(1) of
section 1631 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) is submitted to the
Committee on Armed Services of the Senate and the Committee
on Armed Services House of Representatives; and
(2) not more than 75 percent shall be available until the
date on which the strategy and posture review required by
subsection (g) of such section is submitted to such
committees.
SEC. 1037. PROHIBITION ON PROVISION OF EQUIPMENT TO OTHER
DEPARTMENTS AND AGENCIES FOR PROTECTION OF
CERTAIN FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2022 for the
Department of Defense, may be obligated or expended to
acquire, loan, transfer, sell, or otherwise provide equipment
to a department or Federal agency for use by such department
or agency in exercising authorities or taking actions
pursuant to section 210G of the Homeland Security Act of 2002
(6 U.S.C. 124n).
SEC. 1038. LIMITATION ON USE OF FUNDS FOR UNITED STATES SPACE
COMMAND HEADQUARTERS.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2022 for the
Department of Defense may be obligated or expended to
construct, plan, or design a new headquarters building for
United States Space Command until the Inspector General of
the Department of the Defense and the Comptroller General of
the United States complete site selection reviews for such
building.
Subtitle E--Studies and Reports
SEC. 1041. CONGRESSIONAL OVERSIGHT OF ALTERNATIVE
COMPENSATORY CONTROL MEASURES.
Section 119a of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g) Congressional Notification Requirements.--
``(1) Notice of initiation.--Not later than 30 days after
receiving notice of the establishment of any new program to
be managed under alternative compensatory control measures,
the
[[Page H4679]]
Under Secretary of Defense for Policy shall submit to the
congressional defense committees notice of such new program.
Such notice shall include--
``(A) the unclassified nickname assigned to the program;
``(B) the designation of the program sponsor;
``(C) a description of the essential information to be
protected under the program; and
``(D) the effective activation date and expected duration
of the program.
``(2) Notice of termination.--Not later than 30 days after
receiving notice of the termination of any program managed
under alternative compensatory control measures, the Under
Secretary of Defense for Policy shall submit to the
congressional defense committees notice of such termination.
``(3) Annual reports.--Not later than 30 days after
receiving an annual report on any program managed under
alternative compensatory control measures, the Under
Secretary of Defense for Policy shall submit to the
congressional defense committees a copy of the report.''.
SEC. 1042. COMPARATIVE TESTING REPORTS FOR CERTAIN AIRCRAFT.
(a) Modification of Limitation.--Section 134(b) of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2037) is amended by striking
``the report under subsection (e)(2)'' and inserting ``a
report that includes the information described in subsection
(e)(2)(C)''.
(b) Comparative Testing Reports Required.--
(1) Report from director of operational test and
evaluation.--Not later than 45 days after the date of the
enactment of this Act, the Director of Operational Test and
Evaluation shall submit to the congressional defense
committees a report that includes the information described
in section 134(e)(1)(B) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2038).
(2) Report from secretary of the air force.--Not later than
45 days after the date of the submission of the report under
paragraph (1), the Secretary of the Air Force shall submit to
the congressional defense committees a report that includes
the information described in section 134(e)(2)(C) of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2038).
SEC. 1043. EXTENSION OF REPORTING REQUIREMENT REGARDING
ENHANCEMENT OF INFORMATION SHARING AND
COORDINATION OF MILITARY TRAINING BETWEEN
DEPARTMENT OF HOMELAND SECURITY AND DEPARTMENT
OF DEFENSE.
Section 1014 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended by striking
``December 31, 2022'' and inserting ``December 31, 2023''.
SEC. 1044. CONTINUATION OF CERTAIN DEPARTMENT OF DEFENSE
REPORTING REQUIREMENTS.
Section 1061 of the National Defense Authorization Act for
Fiscal Year 2017 (10 U.S.C. 111 note) is amended--
(1) in subsection (b)(2), by adding at the end the
following new subparagraphs:
``(E) The submission of the report required under section
14 of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98h-5).
``(F) The submission of the report required under section
2504 of title 10, United States Code.'';
(2) in subsection (c), by striking paragraph (47); and
(3) in subsection (i), by striking paragraph (30).
SEC. 1045. GEOGRAPHIC COMBATANT COMMAND RISK ASSESSMENT OF
AIR FORCE AIRBORNE INTELLIGENCE, SURVEILLANCE,
AND RECONNAISSANCE MODERNIZATION PLAN.
(a) In General.--Not later than March 31, 2022, each
commander of a geographic combatant command shall submit to
the congressional defense committees a report containing an
assessment of the level of operational risk to that command
posed by the plan of the Air Force to modernize and
restructure airborne intelligence, surveillance, and
reconnaissance capabilities to meet near-, mid-, and far-term
contingency and steady-state operational requirements against
adversaries in support of the objectives of the 2018 national
defense strategy.
(b) Plan Assessed.--The plan of the Air Force referred to
in subsection (a) is the plan required under section 142 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283).
(c) Assessment of Risk.--In assessing levels of operational
risk for purposes of subsection (a), a commander shall use
the military risk matrix of the Chairman of the Joint Chiefs
of Staff, as described in CJCS Instruction 3401.01E.
(d) Geographic Combatant Command.--In this section, the
term ``geographic combatant command'' means each of the
following:
(1) United States European Command.
(2) United States Indo-Pacific Command.
(3) United States Africa Command.
(4) United States Southern Command.
(5) United States Northern Command.
(6) United States Central Command.
SEC. 1046. BIENNIAL ASSESSMENTS OF AIR FORCE TEST CENTER.
Not later than 30 days after the date on which the
President's budget is submitted to Congress under section
1105(a) of title 31, United States Code, for each of fiscal
years 2023, 2025, and 2027, the Secretary of the Air Force
shall submit to the congressional defense committees an
assessment of the Air Force Test Center. Each such assessment
shall include, for the period covered by the assessment, a
description of--
(1) any challenges of the Air Force Test Center with
respect to completing its mission; and
(2) the plan of the Secretary to address such challenges.
SEC. 1047. COMPARATIVE STUDY ON .338 NORMA MAGNUM PLATFORM.
(a) Study Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of the Army shall
complete a comparative study on the .338 Norma Magnum
platform.
(b) Elements.--The study required by subsection (a) shall
include a comparative analysis between the current M2 .50
caliber, the M240 7.62, and the .338 Norma Magnum, focused on
the metrics of lethality, weight, cost, and modernity of the
platforms.
SEC. 1048. COMPTROLLER GENERAL REPORT ON AGING DEPARTMENT OF
DEFENSE EQUIPMENT.
Not later than March 1, 2022, the Comptroller General of
the United States shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
on legacy platforms within the Department of Defense and the
projected relevance and resiliency of such platforms to
emerging threats over the next 50 years. Such report shall
include--
(1) the results of a survey of all services, agencies, and
entities within the Department of Defense, including
hardware, weapons systems, basing, and force structure;
(2) an emphasis on agility, technology, and an expanded
forward footprint; and
(3) recommendations with respect to future force structure
and investment.
SEC. 1049. REPORT ON ACQUISITION, DELIVERY, AND USE OF
MOBILITY ASSETS THAT ENABLE IMPLEMENTATION OF
EXPEDITIONARY ADVANCED BASE OPERATIONS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
that includes a detailed description of each of the
following:
(1) The doctrine, organization, training, materiel,
leadership and education, personnel, and facilities required
to operate and maintain a force of 24 to 35 Light Amphibious
Warships, as well as the feasibility of accelerating the
current Light Amphibius Warship procurement plan and delivery
schedule.
(2) The specific number, type, and mix of manned and
unmanned strategic mobility wing-in-ground effect platforms
required to support distributed maritime operations and
expeditionary advanced base operations.
(3) The feasibility of the Navy and Marine Littoral
Regiments using other joint and interagency mobility
platforms prior to the operational availability of Light
Amphibious Warships or wing-in-ground effect platforms,
including--
(A) United States Army Transportation Command's more than
100 LCU-2000, Runnymede-class and the eight General Frank S.
Besson-class logistics support vessels;
(B) commercial vessel options, currently available, that
meet Marine Littoral Regiment requirements for movement,
maneuver, sustainment, training, interoperability, and cargo
capacity and delivery;
(C) maritime prepositioning force vessels; and
(D) Coast Guard vessels.
(4) The specific number, type, and mix of long range
unmanned surface vessel platforms required to support
distributed maritime operations, expeditionary advanced base
operations, along with their operational interaction with the
fleet's warfighting capabilities;
(5) The feasibility of integrating Marine Littoral
Regiments with--
(A) Special Operations activities;
(B) joint and interagency planning;
(C) information warfare operations; and
(D) command, control, communications, computer,
intelligence, surveillance and reconnaissance, and security
cooperation activities.
(6) The projected cost, and any additional resources
required, to accelerate the operational deployment of Marine
Littoral Regiments and deliver the capabilities described in
paragraphs (1) through (5) by not later than three years
after the date of the enactment of this Act.
(b) Form of Report.--The report required by subsection (a)
shall be submitted in a publicly accessible, unclassified
form, but may contain a classified annex.
SEC. 1050. FORCE POSTURE IN THE INDO-PACIFIC REGION.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) forward deployed military forces, particularly those
west of the International Date Line, play an indispensable
role in deterring aggression in the Indo-Pacific and
reassuring allies;
(2) forward deployed forces facilitate greater day to day
presence in contested seas and airspace; and
(3) in light of growing threats, the Department of Defense
should forward deploy a larger share of its forces to the
Indo-Pacific over the next five years.
(b) Assessment Required.--Not later than 180 days after the
date of the enactment of this Act, the Commander of United
States Indo-Pacific Command shall submit to the congressional
defense committees a report containing the independent
assessment of the Commander with respect to each of the
following:
(1) The number of bombers required to be continually
present in the Indo-Pacific region, the number of bombers
required outside Indo-Pacific region, and the number of
tankers necessary to support bomber refueling sorties in
order to execute the operational and contingency plans
assigned to the Commander of Indo-Pacific Command.
(2) The operational, deterrent, and strategic effect if the
required number of bombers were not present in the Indo-
Pacific region during a conflict scenario.
(3) Any additional infrastructure required in Guam or other
Indo-Pacific locations to support
[[Page H4680]]
the operationally required level of continuous bomber
presence, along with the associated cost.
(4) The value of storing long range anti-ship missiles,
joint air-to-surface standoff missile-extended range, and
other long range strike weapons in Guam and other locations
in the Indo-Pacific.
(c) Report Required.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter,
the Commander of United States Indo-Pacific Command shall
submit to the congressional defense committees a report that
includes the following information:
(1) The number of freedom of navigation operations
conducted in the Indo-Pacific each year since 2013.
(2) The number of bombers continuously present in the Indo-
Pacific each year since 2013.
(3) The number of ships, bombers, fighters, Marines, and
brigade combat teams deployed to the Indo-Pacific region
during the eight-year period preceding the year in which the
report is submitted.
(4) The number of ships, bombers, fighters, Marines, and
brigade combat teams deployed to the Indo-Pacific region but
tasked to other combatant commands, including the number of
days each such tasking lasted, during the eight-year period
preceding the year in which the report is submitted.
SEC. 1051. ASSESSMENT OF UNITED STATES MILITARY
INFRASTRUCTURE IN DIEGO GARCIA, BRITISH INDIAN
OCEAN TERRITORY.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing the
independent assessment of the Secretary with respect to each
of the following:
(1) The manner in which Diego Garcia, British Indian Ocean
Territory, could contribute to the execution of the
operational and contingency plans of the Department of
Defense, as well as the peacetime forward posture of the
Department.
(2) The operational benefits of hardening facilities on
Diego Garcia, including the installation of an Integrated Air
and Missile Defense system.
(3) The operational benefits of storing munitions on Diego
Garcia.
(4) Potential tradeoffs and costs associated with hardening
facilities or prepositioning munitions on Diego Garcia.
(5) Any additional infrastructure required in Diego Garcia
to better support the requirements of the combatant commands.
(6) The potential to collaborate with the governments of
allies of the United States to invest in the military
infrastructure on Diego Garcia.
SEC. 1052. REPORT ON 2019 WORLD MILITARY GAMES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the participation of the
United States in the 2019 World Military Games. Such report
shall include a detailed description of each of the
following:
(1) The number of United States athletes and staff who
attended the 2019 World Military Games and became ill with
COVID-19-like symptoms during or shortly upon their return to
the United States.
(2) The results of any blood testing conducted on athletes
and staff returning from the 2019 World Military Games,
including whether those blood samples were subsequently
tested for COVID-19.
(3) The number of home station Department of Defense
facilities of the athletes and staff who participated in the
2019 World Military Games that experienced outbreaks of
illnesses consistent with COVID-19 symptoms upon the return
of members of the Armed Forces from Wuhan, China.
(4) The number of Department of Defense facilities visited
by team members after returning from Wuhan, China, that
experienced COVID-19 outbreaks during the first quarter of
2020, including in relation to the share of other Department
of Defense facilities that experienced COVID-19 outbreaks
through March 31, 2020.
(5) Whether the Department tested members of the Armed
Forces who traveled to Wuhan, China, for the World Military
Games for COVID-19 antibodies, and what portion, if any, of
those results were positive, and when suchtesting was
conducted.
(6) Whether there are, or have been, any investigations,
including under the auspices of an Inspector General, across
the Department of Defense or the military departments into
possible connections between United States athletes who
traveled to Wuhan, China, and the outbreak of COVID-19.
(7) Whether the Department has engaged with the militaries
of allied or partner countries about illnesses surrounding
the 2019 World Military Games, and if so, how many
participating militaries have indicated to the Department
that their athletes or staff may have contracted COVID-19-
like symptoms during or immediately after the Games.
(b) Form of Report.--The report required under this section
shall submitted in unclassified form and made publicly
available on an internet website in a searchable format, but
may contain a classified annex.
SEC. 1053. REPORTS AND BRIEFINGS REGARDING OVERSIGHT OF
AFGHANISTAN.
(a) Reports.--Not later than December 31, 2021, and
annually thereafter until December 31, 2026, the Secretary of
Defense, in coordination with the Director of National
Intelligence, shall submit to the appropriate congressional
committees a report on Afghanistan. Such report shall
address, with respect to Afghanistan, the following matters:
(1) A current assessment of over the horizon capabilities
of the United States.
(2) Concept of force with respect to the over the horizon
force of the United States.
(3) The size of such over the horizon force.
(4) The location of such over the horizon force, to include
the current locations of the forces and any plans to adjust
such locations.
(5) The chain of command for such over the horizon force.
(6) The launch criteria for such over the horizon force.
(7) Any plans to expand or adjust such over the horizon
force capabilities in the future, to account for evolving
terrorist threats in Afghanistan.
(8) An assessment of the terrorist threat in Afghanistan.
(9) An assessment of the quantity and types of U.S.
military equipment remaining in Afghanistan, including an
indication of whether the Secretary plans to leave, recover,
or destroy such equipment.
(10) Contingency plans for the retrieval or hostage rescue
of United States citizens located in Afghanistan.
(11) Contingency plans related to the continued evacuation
of Afghans who hold special immigrant visa status under
section 602 of the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note) or who have filed a petition for such
status, following the withdraw of the United States Armed
Forces from Afghanistan.
(12) A concept of logistics support to support the over the
horizon force of the United States, including all basing and
transportation plans.
(13) An assessment of changes in the ability of al-Qaeda
and ISIS-K to conduct operations outside of Afghanistan
against the United States and U.S. allies.
(14) An intelligence collection posture of over the horizon
intelligence assets, including with respect to ground and air
assets, and the effect of such assets on current operations.
(15) An intelligence collection posture on the Taliban
defense and security forces.
(16) An intelligence collection posture on the terrorism
capabilities of the Taliban, al-Qaeda, and ISIS-K.
(17) The status of any military cooperation between the
Taliban and China, Russia, or Iran.
(18) Any other matters the Secretary determines
appropriate.
(b) Briefings.--Not later than December 31, 2021, and on
bi-annual basis thereafter until December 31, 2026, the
Secretary of Defense shall provide to the appropriate
congressional committees a briefing on the matters specified
in subsection (a).
(c) Form.--The reports and briefings under this section may
be submitted in either unclassified or classified form, as
determined appropriate by the Secretary.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(2) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
SEC. 1054. REPORT AND BRIEFING ON UNITED STATES EQUIPMENT,
PROPERTY, AND CLASSIFIED MATERIAL THAT WAS
DESTROYED, SURRENDERED, AND ABANDONED IN THE
WITHDRAWAL FROM AFGHANISTAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretaries of the military departments
and the Commander of United States Central Command, shall
submit to the congressional defense committees a report
regarding the covered United States equipment, property, and
classified material that was destroyed, surrendered, or
abandoned in Afghanistan during the covered period. Such
report shall include each of the following:
(1) A determination of the value of the covered United
States equipment, property, and classified material that was
destroyed, surrendered, or abandoned, disaggregated by
military department and itemized to the most specific
feasible level.
(2) An itemized list of destroyed, surrendered, or
abandoned aircraft, aircraft parts and supply, and aircraft
maintenance items, including aircraft, aircraft parts and
supply, and aircraft maintenance items formerly possessed by
the Afghan Air Force or the former government of Afghanistan.
(3) An itemized list of destroyed, surrendered, or
abandoned fuel and fuel dispensing equipment, disaggregated
by military department.
(4) An itemized list of destroyed, surrendered, or
abandoned weapons, weapon systems, components of weapons or
weapon systems, ammunition, explosives, missiles, ordnance,
bombs, mines, or projectiles, disaggregated by military
department.
(5) For each item on a list referred to in paragraphs (2)
through (4), an explanation of the legal authority relied
upon to destroy, surrender, or abandon that specific item.
(6) An evaluation of the capabilities of the Taliban post-
withdrawal as a result of their seizure of surrendered or
abandoned covered United States equipment, property, and
classified material.
(7) An assessment of the damage to the national security
interests of the United States as a result of the destroyed,
surrendered, or abandoned covered United States equipment,
property, and classified material.
(8) An assessment of the feasibility of disabling,
destroying, or recapturing surrendered or abandoned covered
United States equipment, property, or classified material.
(9) Available imagery or photography depicting the Taliban
possessing surrendered or abandoned covered United States
equipment, property, or classified material.
(b) Executive Summary of Report.--The report required under
subsection (a) shall include
[[Page H4681]]
an executive summary of the report, which shall be
unclassified and made publicly available.
(c) Briefing.--Not later than 200 days after the date of
the enactment of this Act, the Secretary of Defense, the
Secretaries of the military departments, and the Commander of
United States Central Command shall provide to the
congressional defense committees a briefing on the report
required by this section.
(d) Definitions.--In this section:
(1) The term ``covered United States equipment, property,
and classified material'' means any of the following items
formerly owned by the Government of the United States or
provided by the United States to the former government or
military of Afghanistan during the covered period:
(A) Real property, including any lands, buildings,
structures, utilities systems, improvements, and
appurtenances, thereto, including equipment attached to and
made part of buildings and structures, but not movable
equipment.
(B) Personal property, including property of any kind or
any interest therein, except real property.
(C) Equipment, including all nonexpendable items needed to
outfit or equip an individual or organization.
(D) Classified information, in any form, including official
information that has been determined to require, in the
interests of national security, protection against
unauthorized disclosure and which has been so designated.
(2) The term ``covered period'' means the period beginning
on February 29, 2020, and ending on the date that is 120 days
after the date of the enactment of this Act.
SEC. 1055. REPORT ON DEFENSE UTILITY OF UNITED STATES
TERRITORIES AND POSSESSIONS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit a to the congressional defense committees a report
that includes--
(1) a detailed description of the manner in which United
States territories and possessions in the Pacific could
contribute to the execution of the operational and
contingency plans of the Department of Defense, as well as
the peacetime forward posture of the Department;
(2) an assessment of the required resources associated with
environmental restoration and military construction on United
States territories and possessions in the Pacific in order to
facilitate the presence of United States military forces;
(3) a description of the additional logistical requirements
or considerations associated with the requirements of
paragraph (2); and
(4) any other matters the Secretary of Defense, in
coordination with the Commander of the United States Indo-
Pacific Command, considers appropriate.
(b) Form.--The report described in subsection (a) shall be
submitted in unclassified form that can be made available to
the public, but may include a classified annex.
SEC. 1056. REPORT ON COAST GUARD EXPLOSIVE ORDNANCE DISPOSAL.
(a) In General.--Not later than February 15, 2023, the
Secretary of Homeland Security shall submit to Congress a
report on the viability of establishing an explosive ordnance
disposal program in the Coast Guard.
(b) Contents.--The report required under subsection (a)
shall contain, at a minimum, the following:
(1) Organization of explosive ordnance disposal elements
within the Coast Guard, with discussion on whether the Coast
Guard explosive ordnance disposal capability belongs in the
Maritime Safety and Security Teams, the Maritime Security
Response Team, a combination of the Maritime Safety and
Security Teams and the Maritime Security Response Teams, or
elsewhere in the Coast Guard,
(2) A description of vehicles, that are Coast Guard
airframe and vessel transportable, required for explosive
ordnance disposal elements.
(3) A description of dive craft, that are Coast Guard
airframe and vessel transportable, required for explosive
ordnance disposal elements.
(4) Locations of Coast Guard stations that portable
explosives storage magazines will be available for explosive
ordnance disposal elements.
(5) Identify Coast Guard stations that will have pre-
positioned explosive ordnance disposal elements equipment.
(6) An explanation of how the Coast Guard explosive
ordnance disposal elements will support the Department of
Homeland Security and Department of Justice, and the
Department of Defense in war-time, on mission sets to counter
improvised explosive device, counter unexploded ordnance, and
combat weapons of destruction, including award of the
Presidential Service Badge and Certificate to explosive
ordnance disposal-qualified Coast Guardsman for protection of
the President of the United States, and how the Coast Guard
explosive ordnance disposal elements will support national
security special events.
(7) A cost to benefit analysis of using the Army, Marine
Corps, Navy, or Air Force Scuba Diver course prior to Coast
Guardsman attending the Navy conducted explosive ordnance
disposal course, and the required initial and annual
sustainment training seats for the diver course, the
explosive ordnance disposal course, and the parachutist
course (through the Army, Marine, Navy, and Air Force).
(8) An identification of the career progression of Coast
Guardsman from Seaman Recruit to that of Command Master Chief
Petty Officer, Chief Warrant Officer 2 to that of Chief
Warrant Officer 4, and Ensign to that of Rear Admiral.
(9) An identification of initial and annual budget
justification estimates on a single program element of the
Coast Guard explosive ordnance disposal program for each of--
(A) civilian and military pay with details on military pay,
including special and incentive pays such as--
(i) officer responsibility pay;
(ii) officer SCUBA diving duty pay;
(iii) officer demolition hazardous duty pay;
(iv) enlisted SCUBA diving duty pay;
(v) enlisted demolition hazardous duty pay;
(vi) enlisted special duty assignment pay at level special
duty-5;
(vii) enlisted assignment incentive pays;
(viii) enlistment and reenlistment bonuses;
(ix) officer and enlisted full civilian clothing
allowances;
(x) exception to policy allowing a third hazardous duty pay
for explosive ordnance disposal-qualified officers and
enlisted; and
(xi) parachutist hazardous duty pay;
(B) research, development, test, and evaluation;
(C) procurement;
(D) other transaction agreements;
(E) operations and maintenance;
(F) military construction; and
(G) overseas contingency operations.
SEC. 1057. INDEPENDENT ASSESSMENT WITH RESPECT TO THE ARCTIC
REGION.
(a) In General.--Not later than February 15, 2022, the
Commander of the United States Northern Command, in
consultation and coordination with United States European
Command and United States Indo-Pacific Command, the military
services, and defense agencies, shall conduct an independent
assessment with respect to the activities and resources
required, for fiscal years 2023 through 2027, to achieve the
following objectives:
(1) The implementation of the National Defense Strategy and
military service-specific strategies with respect to the
Arctic region.
(2) The maintenance or restoration of the comparative
military advantage of the United States in response to great
power competitors in the Arctic region.
(3) The reduction of the risk of executing operation and
contingency plans of the Department of Defense.
(4) To maximize execution of Department operation and
contingency plans, in the event deterrence fails.
(b) Elements.--The assessment required by paragraph (1)
shall include the following:
(1) An analysis of, and recommended changes to achieve, the
required force structure and posture of assigned and
allocated forces within the Arctic region for fiscal year
2027 necessary to achieve the objectives described in
paragraph (1), which shall be informed by--
(A) a review of United States military requirements based
on operation and contingency plans, capabilities of potential
adversaries, assessed gaps or shortfalls of the joint force
within the Arctic region, and scenarios that consider--
(i) potential contingencies that commence in the Arctic
region and contingencies that commence in other regions but
affect the Arctic region;
(ii) use of near-, mid-, and far-time horizons to encompass
the range of circumstances required to test new concepts and
doctrine; and
(iii) supporting analyses that focus on the number of
regionally postured military units and the quality of
capability of such units;
(B) a review of current United States military force
posture and deployment plans within the Arctic region,
especially of Arctic-based forces that provide support to, or
receive support from, the United States Northern Command, the
United States Indo-Pacific Command, or the United States
European Command;
(C) an analysis of potential future realignments of United
States forces in the region, including options for
strengthening United States presence, access, readiness,
training, exercises, logistics, and pre-positioning; and
(D) any other matter the Commander determines to be
appropriate.
(2) A discussion of any factor that may influence the
United States posture, supported by annual wargames and other
forms of research and analysis.
(3) An assessment of capabilities requirements to achieve
such objectives.
(4) An assessment of logistics requirements, including
personnel, equipment, supplies, storage, and maintenance
needs to achieve such objectives.
(5) An assessment and identification of required
infrastructure and military construction investments to
achieve such objectives.
(6) An assessment and recommended changes to the
leadership, organization, and management of Arctic policy,
strategy, and operations among the combatant commands and
military services.
(c) Report.--
(1) In general.--Not later than February 15, 2022, the
Commander of the United States Northern Command, in
consultation and coordination with United States European
Command and United States Indo-Pacific Command, shall submit
to the congressional defense committees a report on the
assessment required by paragraph (1).
(2) Form.--The report required by subparagraph (A) may be
submitted in classified form, but shall include an
unclassified summary.
(3) Availability.--Not later than February 15, 2022, the
Commander of United States Northern Command shall make the
report available to the Secretary of Defense, the Under
Secretary of Defense for Policy, the Under Secretary of
Defense (Comptroller), the Director of Cost Assessment and
Program Evaluation, the Chairman of the Joint Chiefs of
Staff, the Secretaries of the military departments, and the
chiefs of staff of each military service.
SEC. 1058. ANNUAL REPORT AND BRIEFING ON GLOBAL FORCE
MANAGEMENT ALLOCATION PLAN.
(a) In General.--Not later than October 31, 2022, and
annually thereafter through 2024, the
[[Page H4682]]
Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and House of Representatives a
classified report and a classified briefing on the Global
Force Management Allocation Plan and its implementation.
(b) Report.--Each report required by subsection (a) shall
include a summary describing the Global Force Management
Allocation Plan being implemented as of October 1 of the year
in which the report is provided.
(c) Briefing.--Each briefing required by subsection (a)
shall include the following:
(1) A summary of the major modifications to global force
allocation made during the preceding fiscal year that
deviated from the Global Force Management Allocation Plan for
that fiscal year as a result of a shift in strategic
priorities, requests for forces, or other contingencies, and
an explanation for such modifications.
(2) A description of the major differences between the
Global Force Management Allocation Plan for the current
fiscal year and the Global Force Management Allocation Plan
for the preceding fiscal year.
(3) A description of any difference between the actual
global allocation of forces, as of October 1 of the year in
which the briefing is provided, and the forces stipulated in
the Global Force Management Allocation Plan being implemented
on that date.
Subtitle F--District of Columbia National Guard Home Rule
SEC. 1066. SHORT TITLE.
This subtitle may be cited as the ``District of Columbia
National Guard Home Rule Act''.
SEC. 1067. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR
OF THE DISTRICT OF COLUMBIA.
(a) Mayor as Commander-in-Chief.--Section 6 of the Act
entitled ``An Act to provide for the organization of the
militia of the District of Columbia, and for other
purposes'', approved March 1, 1889 (sec. 49-409, D.C.
Official Code), is amended by striking ``President of the
United States'' and inserting ``Mayor of the District of
Columbia''.
(b) Reserve Corps.--Section 72 of such Act (sec. 49-407,
D.C. Official Code) is amended by striking ``President of the
United States'' each place it appears and inserting ``Mayor
of the District of Columbia''.
(c) Appointment of Commissioned Officers.--(1) Section 7(a)
of such Act (sec. 49-301(a), D.C. Official Code) is amended--
(A) by striking ``President of the United States'' and
inserting ``Mayor of the District of Columbia''; and
(B) by striking ``President.'' and inserting ``Mayor.''.
(2) Section 9 of such Act (sec. 49-304, D.C. Official Code)
is amended by striking ``President'' and inserting ``Mayor of
the District of Columbia''.
(3) Section 13 of such Act (sec. 49-305, D.C. Official
Code) is amended by striking ``President of the United
States'' and inserting ``Mayor of the District of Columbia''.
(4) Section 19 of such Act (sec. 49-311, D.C. Official
Code) is amended--
(A) in subsection (a), by striking ``to the Secretary of
the Army'' and all that follows through ``which board'' and
inserting ``to a board of examination appointed by the
Commanding General, which''; and
(B) in subsection (b), by striking ``the Secretary of the
Army'' and all that follows through the period and inserting
``the Mayor of the District of Columbia, together with any
recommendations of the Commanding General.''.
(5) Section 20 of such Act (sec. 49-312, D.C. Official
Code) is amended--
(A) by striking ``President of the United States'' each
place it appears and inserting ``Mayor of the District of
Columbia''; and
(B) by striking ``the President may retire'' and inserting
``the Mayor may retire''.
(d) Call for Duty.--(1) Section 45 of such Act (sec. 49-
103, D.C. Official Code) is amended by striking ``, or for
the United States Marshal'' and all that follows through
``shall thereupon order'' and inserting ``to order''.
(2) Section 46 of such Act (sec. 49-104, D.C. Official
Code) is amended by striking ``the President'' and inserting
``the Mayor of the District of Columbia''.
(e) General Courts Martial.--Section 51 of such Act (sec.
49-503, D.C. Official Code) is amended by striking ``the
President of the United States'' and inserting ``the Mayor of
the District of Columbia''.
SEC. 1068. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES
CODE.
(a) Failure To Satisfactorily Perform Prescribed
Training.--Section 10148(b) of title 10, United States Code,
is amended by striking ``the commanding general of the
District of Columbia National Guard'' and inserting ``the
Mayor of the District of Columbia''.
(b) Appointment of Chief of National Guard Bureau.--Section
10502(a)(1) of such title is amended by striking ``the
commanding general of the District of Columbia National
Guard'' and inserting ``the Mayor of the District of
Columbia''.
(c) Vice Chief of National Guard Bureau.--Section
10505(a)(1)(A) of such title is amended by striking ``the
commanding general of the District of Columbia National
Guard'' and inserting ``the Mayor of the District of
Columbia''.
(d) Other Senior National Guard Bureau Officers.--Section
10506(a)(1) of such title is amended by striking ``the
commanding general of the District of Columbia National
Guard'' both places it appears and inserting ``the Mayor of
the District of Columbia''.
(e) Consent for Active Duty or Relocation.--(1) Section
12301 of such title is amended--
(A) in subsection (b), by striking ``commanding general of
the District of Columbia National Guard'' in the second
sentence and inserting ``Mayor of the District of Columbia'';
and
(B) in subsection (d), by striking the period at the end
and inserting the following: ``, or, in the case of the
District of Columbia National Guard, the Mayor of the
District of Columbia.''.
(2) Section 12406 of such title is amended by striking
``the commanding general of the National Guard of the
District of Columbia'' and inserting ``the Mayor of the
District of Columbia''.
(f) Consent for Relocation of Units.--Section 18238 of such
title is amended by striking ``the commanding general of the
National Guard of the District of Columbia'' and inserting
``the Mayor of the District of Columbia''.
SEC. 1069. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES
CODE.
(a) Maintenance of Other Troops.--Section 109(c) of title
32, United States Code, is amended by striking ``(or
commanding general in the case of the District of
Columbia)''.
(b) Drug Interdiction and Counter-Drug Activities.--Section
112(h)(2) of such title is amended by striking ``the
Commanding General of the National Guard of the District of
Columbia'' and inserting ``the Mayor of the District of
Columbia''.
(c) Additional Assistance.--Section 113 of such title is
amended by adding at the end the following new subsection:
``(e) Inclusion of District of Columbia.--In this section,
the term `State' includes the District of Columbia.''.
(d) Appointment of Adjutant General.--Section 314 of such
title is amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively; and
(3) in subsection (b) (as so redesignated), by striking
``the commanding general of the District of Columbia National
Guard'' and inserting ``the Mayor of the District of
Columbia,''.
(e) Relief From National Guard Duty.--Section 325(a)(2)(B)
of such title is amended by striking ``commanding general of
the District of Columbia National Guard'' and inserting ``the
Mayor of the District of Columbia''.
(f) Authority To Order To Perform Active Guard and Reserve
Duty.--
(1) Authority.--Subsection (a) of section 328 of such title
is amended by striking ``the commanding general of the
District of Columbia National Guard'' and inserting ``the
Mayor of the District of Columbia''.
(2) Clerical amendments.--
(A) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 328. Active Guard and Reserve duty: authority of chief
executive''.
(B) Table of sections.--The table of sections at the
beginning of chapter 3 of such title is amended by striking
the item relating to section 328 and inserting the following
new item:
``328. Active Guard and Reserve duty: authority of chief executive.''.
(g) Personnel Matters.--Section 505 of such title is
amended by striking ``commanding general of the National
Guard of the District of Columbia'' in the first sentence and
inserting ``Mayor of the District of Columbia''.
(h) National Guard Challenge Program.--Section 509 of such
title is amended--
(1) in subsection (c)(1), by striking ``the commanding
general of the District of Columbia National Guard, under
which the Governor or the commanding general'' and inserting
``the Mayor of the District of Columbia, under which the
Governor or the Mayor'';
(2) in subsection (g)(2), by striking ``the commanding
general of the District of Columbia National Guard'' and
inserting ``the Mayor of the District of Columbia'';
(3) in subsection (j), by striking ``the commanding general
of the District of Columbia National Guard'' and inserting
``the Mayor of the District of Columbia''; and
(4) in subsection (k), by striking ``the commanding general
of the District of Columbia National Guard'' and inserting
``the Mayor of the District of Columbia''.
(i) Issuance of Supplies.--Section 702(a) of such title is
amended by striking ``commanding general of the National
Guard of the District of Columbia'' and inserting ``Mayor of
the District of Columbia''.
(j) Appointment of Fiscal Officer.--Section 708(a) of such
title is amended by striking ``commanding general of the
National Guard of the District of Columbia'' and inserting
``Mayor of the District of Columbia''.
SEC. 1070. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA
HOME RULE ACT.
Section 602(b) of the District of Columbia Home Rule Act
(sec. 1-206.02(b), D.C. Official Code) is amended by striking
``the National Guard of the District of Columbia,''.
Subtitle G--Other Matters
SEC. 1071. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) The table of chapters at the beginning of part I of
subtitle A is amended by striking the item relating to the
second section 19 (relating to cyber matters).
(2) The table of sections at the beginning of chapter 2 is
amended by striking the item relating to section 118 and
inserting the following new item:
``118. Materiel readiness metrics and objectives for major weapon
systems.''.
(3) The second section 118a, as added by section 341 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283), is
redesignated
[[Page H4683]]
as section 118b, and the table of sections at the beginning
of chapter 2 of such title is conformed accordingly.
(4) Section 138(b)(2)(A)(i) is amended by striking the
semicolon.
(5) Section 196(d) is amended by striking ``,,'' and
inserting ``,''.
(6) Section 231a(e)(2) is amended by striking ``include the
following,'' and inserting ``include''.
(7) Section 240b(b)(1)(B)(xiii) is amended by striking
``An'' and inserting ``A''.
(8) Section 240g(a)(3) is amended by striking ``; and'' and
inserting ``;''.
(9) Section 393(b)(2)(D) is amended by inserting a period
at the end.
(10) Section 483(f)(3) is amended by inserting ``this''
before ``title''.
(11) Section 651(a) is amended by inserting a comma after
``3806(d)(1))''.
(12) The table of sections at the beginning of chapter 39
is amended by adding a period at the end of the item relating
to section 691.
(13) Section 823(a)(2) (article 23(a)(2) of the Uniform
Code of Military Justice) is amended by inserting a comma
after ``Army''.
(14) Section 856(b) (article 56(b) of the Uniform Code of
Military Justice) is amended by striking ``subsection (d) of
section 853a'' and inserting ``subsection (c) of section
853a''.
(15) Section 1044e(g) is amended by striking ``number of
Special Victims' Counsel'' and inserting ``number of Special
Victims' Counsels''.
(16) The table of sections at the beginning of chapter 54
is amended by striking the item relating to section 1065 and
inserting the following new item:
``1065. Use of commissary stores and MWR facilities: certain veterans,
caregivers for veterans, and Foreign Service officers.''.
(17) Section 1463(a)(4) is amended by striking ``that
that'' and inserting ``that''.
(18) Section 1465(b)(2) is amended by striking ``the the''
and inserting ``the''.
(19) Section 1466(a) is amended, in the matter preceding
paragraph (1), by striking ``Coast guard'' and inserting
``Coast Guard''.
(20) Section 1554a(g)(2) is amended by striking ``..'' and
inserting ``.''.
(21) Section 1599h is amended--
(A) in subsection (a), by redesignating the second
paragraph (7) and paragraph (8) as paragraphs (8) and (9),
respectively; and
(B) in subsection (b)(1), by redesignating the second
subparagraph (G) and subparagraph (H) as subparagraphs (H)
and (I), respectively.
(22) Section 1705(a) is amended by striking ``a fund'' and
inserting ``an account''.
(23) Section 1722a(a) is amended by striking ``,,'' and
inserting ``,''.
(24) Section 1788a(e) is amended--
(A) in paragraph (3), by striking ``section 167(i)'' and
inserting ``section 167(j)'';
(B) in paragraph (4), by striking ``covered personnel'' and
inserting ``covered individuals''; and
(C) in paragraph (5), in the matter preceding subparagraph
(A), by striking `` `covered personnel' '' and inserting ``
`covered individuals' ''.
(25) The table of chapters at the beginning of Part III of
subtitle A is amended, in the item relating to chapter 113,
by striking the period after ``2200g''.
(26) Section 2107(a) is amended by striking ``or Space
Force''.
(27) Section 2279b(b) is amended by redesignating the
second paragraph (11) as paragraph (12).
(28) Section 2321(f) is amended by striking ``the item''
both places it appears and inserting ``the commercial
product''.
(29) The second section 2350m (relating to Execution of
projects under the North Atlantic Treaty Organization
Security Investment Program), as added by section 2503 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283) is redesignated
as section 2350q and the table of sections at the beginning
of subchapter II of chapter 138 is conformed accordingly.
(30) Section 2534(a) is amended--
(A) in paragraph (5), by striking ``principle'' and
inserting ``principal''; and
(B) in paragraph (3), by striking ``subsection (j)'' and
inserting ``subsection (k)''.
(31) Section 2891a(e)(1) is amended by striking ``the any''
and inserting ``the''.
(32) The table of sections at the beginning of chapter 871
is amended by striking the item relating to section 8749 and
inserting the following new item:
``8749. Civil service mariners of Military Sealift Command: release of
drug and alcohol test results to Coast Guard.''.
(33) The second section 9084, as added by section 1601 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283),
is transferred to appear after section 9085 and redesignated
as section 9086, and the table of sections at the beginning
of chapter 908 of such title is conformed accordingly.
(34) Section 9132 (relating to Regular Air Force and
Regular Space Force: reenlistment after service as an
officer) is redesignated as section 9138.
(35) The section heading for section 9401 is amended to
read as follows:
``Sec. 9401. Members of Air Force and Space Force: detail as
students, observers, and investigators at educational
institutions, industrial plants, and hospitals''.
(36) The section heading for section 9402 is amended to
read as follows:
``Sec. 9402. Enlisted members of Air Force or Space Force:
schools''.
(37) Section 9840 is amended in the second sentence by
striking ``He'' and inserting ``The officer''.
(b) NDAA for Fiscal Year 2021.--Effective as of January 1,
2021, and as if included therein as enacted, section 1 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283) is amended--
(1) by inserting ``(a) In General.--'' before ``This Act'';
and
(2) by adding at the end the following:
``(b) References.--Any reference in this or any other Act
to the `National Defense Authorization Act for Fiscal Year
2021' shall be deemed to be a reference to the `William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021'.''.
(c) Coordination With Other Amendments Made by This Act.--
For purposes of applying amendments made by provisions of
this Act other than this section, the amendments made by this
section shall be treated as having been enacted immediately
before any such amendments by other provisions of this Act.
SEC. 1072. ASSISTANT SECRETARY OF DEFENSE FOR INDO-PACIFIC
SECURITY AFFAIRS.
Section 138(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(8) One of the Assistant Secretaries is the Assistant
Secretary of Defense for Indo-Pacific Security Affairs. The
principal duties of the Assistant Secretary shall be to--
``(A) act as principal advisor to the Under Secretary of
Defense for Policy and the Secretary of Defense on
international security strategy and policy on issues of
interest to the Department of Defense that relate to the
nations and international organizations of China, East Asia,
South and Southeast Asia, including governments and defense
establishments; and
``(B) provide oversight of security cooperation programs,
including foreign military sales, in the Indo-Pacific
region.''.
SEC. 1073. IMPROVEMENT OF TRANSPARENCY AND CONGRESSIONAL
OVERSIGHT OF CIVIL RESERVE AIR FLEET.
(a) Definitions.--
(1) Secretary.--Paragraph (10) of section 9511 of title 10,
United States Code, is amended to read as follows:
``(4) The term `Secretary' means the Secretary of
Defense.''.
(2) Conforming amendments.--Chapter 961 of title 10, United
States Code, as amended by paragraphs (1) and (2), is further
amended--
(A) in section 9511a by striking ``Secretary of Defense''
each place it appears and inserting ``Secretary'';
(B) in section 9512(e), by striking ``Secretary of
Defense'' and inserting ``Secretary''; and
(C) in section 9515, by striking ``Secretary of Defense''
each place it appears and inserting ``Secretary''.
(b) Annual Report on Civil Reserve Air Fleet.--Section 9516
of title 10, United States Code, is amended--
(1) in subsection (d), by striking ``When the Secretary''
and inserting ``Subject to subsection (e), when the
Secretary'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection:
``(e) Annual Report.--Not later than 60 days after the end
of each fiscal year, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report that--
``(1) identifies each contract for airlift services awarded
in the preceding fiscal year to a provider that does not meet
the requirements set forth in subparagraphs (A) and (B) of
subsection (a)(1); and
``(2) for each such contract--
``(A) specifies the dollar value of the award; and
``(B) provides a detailed explanation of the reasons for
the award.''.
(c) Technical Amendments.--
(1) In general.--Chapter 961 of title 10, United States
Code, as amended by subsections (a) and (b), is further
amended--
(A) by redesignating sections 9511a and 9512 as sections
9512 and 9513, respectively;
(B) in section 9511, by striking ``section 9512'' each
place it appears and inserting ``section 9513''; and
(C) in section 9514, by redesignating subsection (g) as
subsection (f).
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by striking the items
relating to sections 9511a and 9512 and inserting the
following new items:
``9512. Civil Reserve Air Fleet contracts: payment rate.
``9513. Contracts for the inclusion or incorporation of defense
features.''.
(d) Charter Air Transportation of Members of the Armed
Forces or Cargo.--
(1) In general.--Section 2640 of title 10, United States
Code, is amended--
(A) in the section heading, by inserting ``or cargo'' after
``armed forces'';
(B) in subsection (a)(1), by inserting ``or cargo'' after
``members of the armed forces'';
(C) in subsection (b), by inserting ``or cargo'' after
``members of the armed forces'';
(D) in subsection (d)(1), by inserting ``or cargo'' after
``members of the armed forces'';
(E) in subsection (e)--
(i) by inserting ``or cargo'' after ``members of the armed
forces''; and
(ii) by inserting ``or cargo'' before the period at the
end;
(F) in subsection (f), by inserting ``or cargo'' after
``members of the armed forces''; and
(G) in subsection (j)(1), by inserting `` `cargo,' '' after
`` `air transportation',''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 157 of title 10,
[[Page H4684]]
United States Code, is amended by striking the item relating
to section 2640 and inserting the following new item:
``2640. Charter air transportation of members of the armed forces or
cargo.''.
SEC. 1074. ENHANCEMENTS TO NATIONAL MOBILIZATION EXERCISES.
Section 10208 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(c)(1) The Secretary shall, beginning in the first fiscal
year that begins after the date of the enactment of this
subsection, and every 5 years thereafter, as part of the
major mobilization exercise under subsection (a), include the
processes of the Selective Service System in preparation for
a draft, and submit to Congress a report on the results of
this exercise. The report may be submitted in classified
form.
``(2) The exercise under this subsection--
``(A) shall include a review of national mobilization
strategic and operational concepts; and
``(B) shall include a simulation of a mobilization of all
armed forces and reserve units, with plans and processes for
incorporating Selective Service System inductees.''.
SEC. 1075. PROVIDING END-TO-END ELECTRONIC VOTING SERVICES
FOR ABSENT UNIFORMED SERVICES VOTERS IN
LOCATIONS WITH LIMITED OR IMMATURE POSTAL
SERVICE.
(a) Plan.--
(1) Development.--In consultation with the Chief
Information Officer of the Department of Defense, the
Presidential designee under the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) shall
develop a plan for providing end-to-end electronic voting
services (including services for registering to vote,
requesting an electronic ballot, completing the ballot, and
returning the ballot) in participating States for absent
uniformed services voters under such Act who are deployed or
mobilized to locations with limited or immature postal
service (as determined by the Presidential designee).
(2) Specifications.--The Presidential designee shall
include in the plan developed under paragraph (1)--
(A) methods to ensure that voters have the opportunity to
verify that their ballots are received and tabulated
correctly by the appropriate State and local election
officials;
(B) methods to generate a verifiable and auditable vote
trail for the purposes of any recount or audit conducted with
respect to an election; and
(C) an assessment of whether commercially available
technologies may be used to carry out any of the elements of
the plan.
(3) Consultation with state and local election officials.--
The Presidential designee shall develop the plan under
paragraph (1) in consultation with appropriate State and
local election officials to ensure that the plan may be
implemented successfully in any State which agrees to
participate in the plan.
(4) Use of contractors.--To the extent the Presidential
designee determines to be appropriate, the Presidential
designee may include in the plan developed under paragraph
(1) provisions for the use of contractors to carry out any of
the elements of the plan.
(5) Submission.--Not later than one year after the date of
the enactment of this Act, the Presidential designee shall
submit the plan developed under paragraph (1) to the
Committees on Armed Services of the House of Representatives
and Senate.
(b) Implementation.--If the Presidential designee
determines it feasible, the Presidential designee shall
implement the plan developed under subsection (a)--
(1) for a trial group of voters in participating States for
elections for Federal office held in 2024; and
(2) for all such voters in participating States for
elections for Federal office held in 2026 and any succeeding
year.
SEC. 1076. RESPONSIBILITIES FOR NATIONAL MOBILIZATION;
PERSONNEL REQUIREMENTS.
(a) Executive Agent for National Mobilization.--The
Secretary of Defense shall designate a senior official within
the Office of the Secretary of Defense as the Executive Agent
for National Mobilization. The Executive Agent for National
Mobilization shall be responsible for--
(1) developing, managing, and coordinating policy and plans
that address the full spectrum of military mobilization
readiness, including full mobilization of personnel from
volunteers to draftees in the event of a draft activation;
(2) providing Congress and the Selective Service System
with updated requirements and timelines for obtaining draft
inductees in the event of a national emergency requiring mass
mobilization and activation of the draft; and
(3) providing Congress with a plan, developed in
coordination with the Selective Service System, to induct
large numbers of volunteers who may respond to a national
call for volunteers during an emergency.
(b) Plan Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress a plan for obtaining draft inductees as
part of a mobilization timeline for the Selective Service
System. The plan shall include a description of resources,
locations, and capabilities of the Armed Forces required to
train, equip, and integrate drafted personnel into the total
force, addressing scenarios that would include 300,000,
600,000, and 1,000,000 new volunteer and drafted personnel.
The plan may be provided in classified form.
SEC. 1077. UPDATE OF JOINT PUBLICATION 3-68: NONCOMBATANT
EVACUATION OPERATIONS.
(a) Findings.--Congress makes the following findings:
(1) Noncombatant evacuation operations are conducted by the
Department of Defense to assist in evacuating citizens and
nationals of the United States, Defense Department civilian
personnel, and designated host nation persons whose lives are
in danger from locations in a foreign nation to an
appropriate safe haven when directed by the Department of
State.
(2) Joint Publication 3-68: Noncombatant Evacuation
Operations has not been validated since November 14, 2017.
(b) Update of Publication.--Not later than March 1, 2022,
the Chairman of the Joint Chiefs of Staff shall update Joint
Publication 3-68: Noncombatant Evacuation Operations.
SEC. 1078. TREATMENT OF OPERATIONAL DATA FROM AFGHANISTAN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) an immense amount of operational data and intelligence
has been developed over the past two decades of war in
Afghanistan; and
(2) this information is valuable and must be appropriately
retained.
(b) Operational Data.--The Secretary of Defense shall--
(1) archive and standardize operational data from
Afghanistan across the myriad of defense information systems;
and
(2) ensure the Afghanistan operational data is structured,
searchable, and usable across the joint force.
(c) Briefing.--Not later than March 4, 2022, the Under
Secretary of Defense for Intelligence and Security shall
provide a briefing to the Committee on Armed Services of the
House of Representatives on how the Department of Defense has
removed, retained, and assured long-term access to
operational data from Afghanistan across each military
department and command. Such briefing shall address--
(1) the manner in which the Department of Defense is
standardizing and archiving intelligence and operational data
from Afghanistan across the myriad of defense information
systems; and
(2) the manner in which the Department is ensuring access
to Afghanistan operational data across the joint force.
SEC. 1079. DEFENSE RESOURCE BUDGETING AND ALLOCATION
COMMISSION.
(a) Establishment.--There is established a commission, to
be known as the ``Defense Resource Budgeting and Allocation
Commission''. The purpose of the Commission is to develop a
consensus on an effective and strategic approach to
Department of Defense resource budgeting and allocation,
including--
(1) by conducting an examination of the planning,
programming, budgeting, and execution methodology of the
Department; and
(2) by considering potential alternatives to such
methodology to maximize the ability of the Department to
equip itself in a timely manner to respond to current and
emerging threats.
(b) Membership.--
(1) Composition.--
(A) In general..--Subject to subparagraph (B), the
Commission shall be composed of the following members:
(i) The Deputy Secretary of Defense.
(ii) The Director of Cost Assessment and Program Evaluation
for the Department of Defense.
(iii) The Comptroller/Chief Financial Officer for the
Department of Defense.
(iv) The Deputy Director of the Office of Management and
Budget.
(v) Three members appointed by the majority leader of the
Senate, in consultation with the Chairman of the Committee on
Armed Services of the Senate, one of whom shall be a member
of the Senate and two of whom shall not be.
(vi) Two members appointed by the minority leader of the
Senate, in consultation with the Ranking Member of the
Committee on Armed Services of the Senate, one of whom shall
be a member of the Senate and one of whom shall not be.
(vii) Three members appointed by the Speaker of the House
of Representatives, in consultation with the Chairman of the
Committee on Armed Services of the House of Representatives,
one of whom shall be a member of the House of Representatives
and two of whom shall not be.
(viii) Two members appointed by the minority leader of the
House of Representatives, in consultation with the ranking
member of the Committee on Armed Services of the House of
Representatives, one of whom shall be a Member of the House
of Representatives and one of whom shall not be.
(B) Expertise.--The members of the Commission who are not
members of Congress and who are appointed under clauses (v)
through (viii) of subparagraph (A) shall be individuals who
are nationally recognized for expertise, knowledge, or
experience in--
(i) planning, programming, budgeting, and execution
methodology;
(ii) budgeting methodologies and innovation; or
(iii) the implementation or oversight of Department of
Defense budgeting.
(C) Conflicts of interest.--An official who appoints
members of the Commission may not appoint an individual as a
member of the Commission if such individual possesses any
personal or financial interest in the discharge of any of the
duties of the Commission.
(D) Security clearances.--All members of the Commission
described in subparagraph (A) shall possess an appropriate
security clearance in accordance with applicable provisions
of law concerning the handling of classified information.
(2) Co-chairs.--The Commission shall have two co-chairs,
selected from among the members of the Commission. One co-
chair of the Commission shall be a member of the Democratic
Party, and one co-chair shall be a member of the Republican
Party. The individuals who serve as the co-chairs of the
Commission shall be jointly
[[Page H4685]]
agreed upon by the President, the majority leader of the
Senate, the minority leader of the Senate, the Speaker of the
House of Representatives, and the minority leader of the
House of Representatives.
(c) Appointment; Initial Meeting.--
(1) Appointment.--Members of the Commission shall be
appointed not later than 45 days after the date of the
enactment of this Act.
(2) Initial meeting.--The Commission shall hold its initial
meeting on or before the date that is 60 days after the date
of the enactment of this Act.
(d) Meetings; Quorum; Vacancies.--
(1) In general.--After its initial meeting, the Commission
shall meet upon the call of the co-chairs of the Commission.
(2) Quorum.--Seven members of the Commission shall
constitute a quorum for purposes of conducting business,
except that two members of the Commission shall constitute a
quorum for purposes of receiving testimony.
(3) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(4) Quorum with vacancies.--If vacancies in the Commission
occur on any day that is 45 days after the date of the
enactment of this Act, a quorum shall consist of a majority
of the members of the Commission as of such day.
(e) Actions of Commission.--
(1) In general.--The Commission shall act by resolution
agreed to by a majority of the members of the Commission
voting and present.
(2) Panels.--The Commission may establish panels composed
of less than the full membership of the Commission for
purposes of carrying out the duties of the Commission under
this title. The actions of any such panel shall be subject to
the review and control of the Commission. Any findings and
determinations made by such a panel shall not be considered
the findings and determinations of the Commission unless
approved by the Commission.
(3) Delegation.--Any member, agent, or staff of the
Commission may, if authorized by the co-chairs of the
Commission, take any action which the Commission is
authorized to take pursuant to this title.
(f) Duties.--The duties of the Commission are as follows:
(1) To define the core objectives and priorities of the
strategic approach referred to in subsection (a).
(2) To weigh the costs and benefits of various strategic
options for the Department of Defense to budget and allocate
resources, including the planning, programming, budgeting,
and execution methodology in effect as of the date of the
enactment of this Act.
(3) To evaluate whether the strategic options described in
paragraph (2) are exclusive or complementary, the best means
for executing such options, and how the Department of Defense
should incorporate and implement such options within its
budgeting methodology and strategy.
(4) To review and make determinations on the difficult
choices present within such options, including how the
Department can budget at the speed of relevance to address
current and emerging threats while maintaining an appropriate
degree of oversight from Congress.
(5) To review adversarial budgeting methodologies and
strategies to understand if and how adversaries are able to
meet current and future threats more or less successfully
than the United States.
(6) To evaluate the effectiveness of the current resource
budgeting and allocation methodology to meet current and
emerging threats to the national security of the United
States.
(7) In weighing the options for defending the United
States, to consider possible structures and authorities that
need to be established, revised, or augmented within the
Federal Government.
(g) Powers of Commission.--
(1) In general.--
(A) Hearings; subpoenas.--The Commission or, on the
authorization of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out the provisions
of this section--
(i) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths; and
(ii) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, and documents, as
the Commission or such designated subcommittee or designated
member considers necessary.
(B) Service of subpoenas.--Subpoenas may be issued under
subparagraph (A)(ii) under the signature of the co-chairs of
the Commission, and may be served by any person designated by
such co-chairs.
(C) Failure of witnesses to appear.--The provisions of
sections 102 through 104 of the Revised Statutes of the
United States (2 U.S.C. 192-194) shall apply in the case of
any failure of a witness to comply with any subpoena or to
testify when summoned under authority of this section.
(2) Contracting.--The Commission may, to such extent and in
such amounts as are provided in advance in appropriation
Acts, enter into contracts to enable the Commission to
discharge its duties under this title.
(3) Information from federal agencies.--The Commission may
secure directly from any executive department, agency,
bureau, board, commission, office, independent establishment,
or instrumentality of the Government information,
suggestions, estimates, and statistics for the purposes of
this title. Each such department, agency, bureau, board,
commission, office, establishment, or instrumentality shall,
to the extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request of the co-chairs of the Commission.
The Commission shall handle and protect all classified
information provided to it under this paragraph in accordance
with applicable statutes and regulations.
(4) Assistance from federal agencies.--
(A) The Secretary of Defense shall provide to the
Commission, on a nonreimbursable basis, such administrative
services, funds, staff, facilities, and other support
services as are necessary for the performance of the
Commission's duties under this title.
(B) The Director of the Office of Management and Budget may
provide the Commission, on a nonreimbursable basis, with such
administrative services, staff, and other support services as
the Commission may request. In addition to the assistance set
forth in paragraphs (1) and (2), other departments and
agencies of the United States may provide the Commission such
services, funds, facilities, staff, and other support as such
departments and agencies consider advisable and as may be
authorized by law.
(C) The Commission shall receive the full and timely
cooperation of any official, department, or agency of the
United States Government whose assistance is necessary, as
jointly determined by the co-chairs selected under subsection
(b)(2), or the fulfillment of the duties of the Commission,
including the provision of full and current briefings and
analyses.
(5) Postal services.--The Commission may use the United
States postal services in the same manner and under the same
conditions as the departments and agencies of the United
States.
(6) Gifts.--No member or staff of the Commission may
receive a gift or benefit by reason of the service of such
member or staff to the Commission.
(h) Staff of Commission.--
(1) In general.--
(A) Detailees.--Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
(B) Security clearance.--All staff of the Commission shall
possess a security clearance in accordance with applicable
laws and regulations concerning the handling of classified
information.
(2) Consultant services.--(A) The Commission may procure
the services of experts and consultants in accordance with
section 3109 of title 5, United States Code, but at rates not
to exceed the daily rate paid a person occupying a position
at level IV of the Executive Schedule under section 5315 of
such title.
(B) All experts and consultants employed by the Commission
shall possess a security clearance in accordance with
applicable laws and regulations concerning the handling of
classified information.
(i) Compensation and Travel Expenses.--
(1) Compensation.--
(A) In general.--Except as provided in subparagraph (B),
each member of the Commission may be compensated at not to
exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code,
for each day during which that member is engaged in the
actual performance of the duties of the Commission under this
title.
(B) Officers or employees of united states.--Members of the
Commission who are officers or employees of the United States
or Members of Congress shall receive no additional pay by
reason of their service on the Commission.
(2) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission may be allowed
travel expenses, including per diem in lieu of subsistence,
in the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703 of
title 5, United States Code.
(j) Treatment of Information Relating to National
Security.--
(1) In general.--The Secretary of Defense shall assume
responsibility for the handling and disposition of any
information related to the national security of the United
States that is received, considered, or used by the
Commission under this title. Any information related to the
national security of the United States that is provided to
the Commission by the congressional armed services committees
may not be further provided or released without the approval
of the chairman of such committees.
(2) Access after termination of commission.--
Notwithstanding any other provision of law, after the
termination of the Commission under subsection (k)(2), only
the members and designated staff of the Committees on Armed
Services of the Senate and House of Representatives, the
Secretary of Defense (and the designees of the Secretary),
and such other officials of the executive branch as the
President may designate shall have access to information
related to the national security of the United States that is
received, considered, or used by the Commission.
(k) Final Report; Termination.--
(1) Final report.--Not later than September 1, 2022, the
Commission shall submit to the Committees on Armed Services
of the Senate and House of Representatives, the Secretary of
Defense, and the Director of Office of Management and Budget
a final report containing the findings of the Commission.
(2) Termination.--
(A) In general.--The Commission, and all the authorities of
this section, shall terminate at the end of the 120-day
period beginning on the date on which the final report under
paragraph (1) is submitted to the congressional armed
services committees.
[[Page H4686]]
(B) Conclusion of activities.--The Commission may use the
120-day period referred to in subparagraph (A) for the
purposes of concluding its activities, including providing
testimony to Congress concerning the final report referred to
in that paragraph and disseminating the report.
(l) Assessments of Final Report.--Not later than 60 days
after receipt of the final report under subsection (k)(1),
the Secretary of Defense and the Director of the Office of
Management and Budget shall each submit to the Committees on
Armed Service of the Senate and House of Representatives an
assessment by the Director or the Secretary, as the case may
be, of the final report. Each such assessment shall include
such comments on the findings and recommendations contained
in the final report, as the Director or Secretary, as the
case may be, considers appropriate.
SEC. 1080. COMMISSION ON AFGHANISTAN.
(a) Establishment.--There is hereby established a
commission to be known as the ``Commission on Afghanistan''
(in this section referred to as the ``Commission''). The
purpose of the Commission is to examine the war in
Afghanistan and make recommendations regarding lessons
learned.
(b) Composition.--
(1) Membership.--The Commission shall be composed of 12
members appointed as follows:
(A) Three members appointed by the chair of the Committee
on Armed Services of the House of Representatives.
(B) Three members appointed by the ranking minority member
of the Committee on Armed Services of the House of
Representatives.
(C) Three members appointed by the chair of the Committee
on Armed Services of the Senate.
(D) Three members appointed by the ranking minority member
of the Committee on Armed Services of the Senate.
(2) Chair; vice chair.--
(A) Chair.--The chair of the Committee on Armed Services of
the House of Representative and the chair of the Committee on
Armed Services of the Senate shall jointly designate one
member of the Commission to serve as chair of the Commission.
(B) Vice chair.--The ranking minority member of the
Committee on Armed Services of the House of Representative
and the ranking minority member of the Committee on Armed
Services of the Senate shall jointly designate one member of
the Commission to serve as vice chair of the Commission.
(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(c) Duties.--
(1) Review.--The Commission shall examine the following
periods of the war in Afghanistan;
(A) Generally, the entirety of the war beginning with
Operation Enduring Freedom in 2001 under the Bush
administration.
(B) The period beginning in 2009 under the Obama
administration, when the United States deployed an increased
number of members of the Armed Forces to Afghanistan, and
ending when such members of the Armed Forces were reduced in
2011.
(C) The period beginning in August 2019 and ending in
February 2020, covering the negotiation and execution of the
U.S. Government-Taliban agreement during the Trump
Administration.
(D) The period beginning in February 2020 and ending in
August 2021, with the completion of the withdrawal of the
Armed Forces from Afghanistan under the Biden Administration.
(E) The period from 1996 to 2001, during which the Taliban
controlled the country, highlighting events or the absence of
certain key events that enabled conditions on the ground in
Afghanistan in 2001, including efforts to support the
Northern Alliance and related resistance groups,
opportunities to eliminate terrorist leaders like Osama Bin
Laden and others, and opportunities to address terror threats
emanating from Afghanistan prior to 2001.
(2) Assessment and recommendations.--The Commission shall
conduct a comprehensive assessment of the war in Afghanistan
and make recommendations to inform future operations with
tactical and strategic lessons learned, including the impact
of troop increases and decreases and date-certain deadlines.
(d) Cooperation From Government.--
(1) Cooperation.--In carrying out its duties, the
Commission shall receive the full and timely cooperation of
the Secretary of Defense in providing the Commission with
analysis, briefings, and other information necessary for the
fulfillment of its responsibilities.
(2) Liaison.--The Secretary shall designate at least one
officer or employee of the Department of Defense to serve as
a liaison officer between the Department and the Commission.
(e) Report.--
(1) Final report.--Not later than August 31, 2022, and
consistent with the protection of intelligence sources and
methods, the Commission shall submit to the President, the
Secretary of Defense, and the appropriate congressional
committees a report on the Commission's findings,
conclusions, and recommendations. The report shall address
each of the following:
(A) The findings of the Commission with respect to each of
the periods referred to in subsection (c)(1).
(B) Intelligence and information upon which the Bush,
Obama, Trump, and Biden administrations made planning
decisions.
(C) The impact of the reduction in the number of members of
the Armed Forces deployed to Afghanistan in 2011.
(D) The assessments made for the security conditions to
create a viable peace agreement in 2019.
(E) The security conditions necessary to make such
agreement a reality.
(F) A detailed analysis of the security conditions on the
ground in Afghanistan during the entirety of the war in
Afghanistan.
(G) The circumstances under which the Biden Administration
withdrew the Armed Forces from Afghanistan in 2021.
(H) The lessons learned from 20 years in Afghanistan.
(I) The lessons learned from 20 years of equipping and
supporting the Afghan National Security Force.
(2) Interim briefing.--Not later than March 3, 2022, the
Commission shall provide to the appropriate congressional
committees a briefing on the status of its review and
assessment, and include a discussion of any interim
recommendations.
(3) Form.--The report submitted to Congress under paragraph
(1) shall be submitted in unclassified form, but may include
a classified annex.
(4) Appropriate congressional committees.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services of the House of
Representatives, and the Committee on Armed Services of the
Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(f) Funding.--Of the amounts authorized to be appropriated
by to this Act for the Department of Defense, $5,000,000 is
available to fund the activities of the Commission.
(g) Termination.--The Commission shall terminate 6 months
after the date on which it submits the report required by
subsection (e).
SEC. 1081. TECHNOLOGY PILOT PROGRAM TO SUPPORT BALLOT
TRANSMISSION FOR ABSENT UNIFORMED SERVICES AND
OVERSEAS VOTES.
(a) In General.--Not later than 60 days after the date of
enactment of this Act, the individual designated as the
Presidential designee under section 101(a) of the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C.
20301(a)) shall, subject to the availability of
appropriations, establish and administer a technology pilot
program under section 589 of the Military and Overseas Voter
Empowerment Act (52 U.S.C. 20311) to provide grants to State
and local jurisdictions responsible for the administration of
elections for Federal office for use as described in
subsection (b) to administer the general elections for
Federal office held in November 2022 and the general
elections for Federal office held in November 2024.
(b) Grant Uses.--A State or local jurisdiction responsible
for the administration of elections for Federal office may
only use grant funds provided under the program established
under subsection (a) for the implementation of technologies
that support the ability to vote of individuals entitled to
vote in an election under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20301 et seq.), including
technologies that--
(1) improve the security of ballot transmission, including
through the use of cloud-based solutions, to enable ballot
transmission to meet existing Federal cybersecurity
guidelines; and
(2) allow grant recipients to measure and report on data
with respect to the use and effectiveness of technologies
tested under the program.
(c) Reporting Requirement.--Not later than 60 days after
the date of general elections in a State in which a State or
local jurisdiction responsible for the administration of
Federal elections has received a grant under the program for
that election, the grant recipient shall prepare and submit
to the Presidential designee a report on the effectiveness of
the technologies tested under the program and recommendations
on the future use of such technologies.
(d) Restriction on Grants to State and Local
Jurisdictions.--The Presidential designee may not provide
grants to a local jurisdiction for an election specified in
subsection (a) if the State entity responsible for the
administration of elections for Federal office in such State
has received a grant under the program for that election.
SEC. 1082. RECOGNITION OF THE MEMORIAL, MEMORIAL GARDEN, AND
K9 MEMORIAL OF THE NATIONAL NAVY UDT-SEAL
MUSEUM IN FORT PIERCE, FLORIDA, AS THE OFFICIAL
NATIONAL MEMORIAL, MEMORIAL GARDEN, AND K9
MEMORIAL, RESPECTIVELY, OF NAVY SEALS AND THEIR
PREDECESSORS.
The Memorial, Memorial Garden, and K9 Memorial of the
National Navy UDT-SEAL Museum, located at 3300 North Highway
A1A, North Hutchinson Island, in Fort Pierce, Florida, are
recognized as the official national memorial, memorial
garden, and K9 memorial, respectively, of Navy SEALs and
their predecessors.
SEC. 1083. SENSE OF CONGRESS ON THE LEGACY, CONTRIBUTIONS,
AND SACRIFICES OF AMERICAN INDIAN AND ALASKA
NATIVES IN THE ARMED FORCES.
(a) Findings.--Congress finds the following:
(1) The United States celebrates Native American History
Month each November to recognize and honor the history and
achievements of Native Americans.
(2) American Indian and Alaska Natives serve in all
branches of the Armed Forces, attend all service academies,
and defend our country with valiance, pride, and honor.
(3) More than 30,000 active duty, reserve, and National
Guard members of the Armed Forces identify as Native
American.
(4) American Indian and Alaska Natives have served and
continue to serve in the highest proportions to population
than any other ethnic group.
(5) American Indian and Alaska Natives have served in every
war, from the Revolutionary War to current overseas
conflicts.
[[Page H4687]]
(6) Native American veterans are Congressional Medal of
Honor, Congressional Gold and Silver Medals, Purple Heart,
and Bronze Star Medal recipients.
(7) American Indian and Alaska Native women serve in Armed
Forces in higher proportions than any other ethnic group.
(8) Native American Code Talkers and their languages proved
an invaluable asset during World Wars I and II.
(9) Ira Hayes, Akimel O'odham (Pima) helped to raise the
American flag on Iwo Jima;
(10) Dr. Joseph Medicine Crow, Apsaalooke (Crow), served in
WWII and became a war chief.
(11) Numerous present and past military aircraft,
helicopters, and munitions programs bear the names of Native
American tribes and tribal leaders to honor their legacy of
martial prowess, including the Apache, Kiowa, Black Hawk,
Lakota, Chinook, Huron, Iroquois, Comanche, Cayuse,
Chickasaw, Ute, Gray Eagle, Mescalero, Tomahawk, and more.
(12) Native American tribes commonly take part in
ceremonies alongside military units to bless new aircraft and
mark successful inception of new fleets.
(13) More than 140,000 veterans across the United States
identify as Native American.
(14) Each November, the Department of Defense honors the
unique and special relationship with tribal communities
during Native American Heritage Month.
(b) Sense of Congress.--It is the sense of Congress that
Congress--
(1) recognizes and honors the legacy and contributions of
American Indian and Alaska Natives and tribal communities to
the military of the United States; and
(2) commits to ensuring progress for American Indian and
Alaska Native members of the Armed Forces and veterans with
regard to representation in senior military leadership
positions, improving access to culturally competent resources
and services, and supporting families and tribal communities.
SEC. 1084. NAME OF NAVAL MEDICAL CENTER CAMP LEJEUNE.
Naval Medical Center Camp Lejeune located on Marine Corps
Base Camp Lejeune, North Carolina, shall after the date of
the enactment of this Act be known and designated as the
``Walter B. Jones Naval Medical Center''. Any reference to
Naval Medical Center Camp Lejeune in any law, regulation,
map, document, record, or other paper of the United States
shall be considered to be a reference to the Walter B. Jones
Naval Medical Center.
SEC. 1085. SENSE OF CONGRESS REGARDING NAMING A WARSHIP THE
USS FALLUJAH.
It is the sense of Congress that the Secretary of the Navy
should name a warship the ``USS Fallujah''.
SEC. 1086. NAME OF AIR FORCE UTAH TEST AND TRAINING RANGE.
The Air Force Utah Test and Training Range shall after the
date of the enactment of this Act be known and designated as
the ``Bishop Utah Test and Training Range''. Any reference to
such test and training range in any law, regulation, map,
document, record, or other paper of the United States shall
be considered to be a reference to the Bishop Utah Test and
Training Range.
SEC. 1087. NAME OF AIR FORCE UTAH TEST AND TRAINING RANGE
CONSOLIDATED MISSION CONTROL CENTER.
The Air Force Utah Test and Training Range Consolidated
Mission Control Center shall after the date of the enactment
of this Act be known and designated as the ``Robert W. Bishop
Utah Test and Training Range Combined Mission Control
Center''. Any reference to such combined mission control
center in any law, regulation, map, document, record, or
other paper of the United States shall be considered to be a
reference to the Robert W. Bishop Utah Test and Training
Range Combined Mission Control Center.
SEC. 1088. SENSE OF CONGRESS REGARDING CRISIS AT THE
SOUTHWEST BORDER.
(a) Findings.--Congress makes the following findings:
(1) There were 1,300,000 illegal crossings between January,
2021, and July, 2021, at the Southwest land border of the
United States.
(2) The 212,672 migrant encounters on the Southwest land
border in July 2021 was a 21-year high.
(3) Noncitizens with criminal convictions are routinely
encountered at ports of entry and between ports of entry on
the Southwest land border.
(4) Some of the inadmissible individuals encountered on the
southwest border are known or suspected terrorists.
(5) Transnational criminal organizations routinely move
illicit drugs, counterfeit products, and trafficked humans
across the Southwest land border.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the current level of illegal crossings and trafficking
on the Southwest border represents a national security
threat;
(2) the Department of Defense has rightly contributed
personnel to aid the efforts of the United States Government
to address the crisis at the Southwest border;
(3) the National Guard and active duty members of the Armed
Forces are to be commended for their hard work and dedication
in their response to the crisis at the Southwest land border;
and
(4) border security is a matter of national security and
the failure to address the crisis at the Southwest border
introduces significant risk to the people of the United
States.
SEC. 1089. IMPROVEMENTS AND CLARIFICATIONS RELATING TO
UNAUTHORIZED USE OF COMPUTERS OF DEPARTMENT OF
DEFENSE.
The Secretary of Defense shall take such steps as may be
necessary to ensure that the electronic banner that appears
on the screens of computers of the Department of Defense upon
access of such computers (providing warnings related to
access and use of U.S. Government computers) is updated to
include language prohibiting users from using government
email for an unauthorized purpose.
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE
LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4615), as most recently
amended by section 1105 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283), is further amended by striking
``through 2021'' and inserting ``through 2022''.
SEC. 1102. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO
CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT
ZONE.
Paragraph (2) of section 1603(a) of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234;
120 Stat. 443), as added by section 1102 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1106 of the of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), is further amended by striking
``2022'' and inserting ``2023''.
SEC. 1103. DARPA PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT
SCIENCE AND ENGINEERING EXPERTS.
Section 1599h(b) of title 10, United States Code, is
amended--
(1) in paragraph (2)(B), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(4) during any fiscal year, pay up to 15 individuals
newly appointed pursuant to paragraph (1)(B) the travel,
transportation, and relocation expenses and services
described under sections 5724, 5724a, and 5724c of title
5.''.
SEC. 1104. CIVILIAN PERSONNEL MANAGEMENT.
Section 129(a) of title 10, United States Code, is
amended--
(1) in the first sentence, by striking ``primarily'' and
inserting ``solely'';
(2) in the second sentence, by striking ``solely''; and
(3) by inserting after the second sentence the following:
``Funds appropriated to the Department of Defense may not be
obligated or expended for term or temporary hiring
authorities for enduring functions.''.
SEC. 1105. COMPTROLLER GENERAL REVIEW OF NAVAL AUDIT SERVICE
OPERATIONS.
(a) Comptroller General Report.--Not later than one year
after the date of enactment of this Act, the Comptroller
General of the United States shall submit to congressional
defense committees a report on the operations of the Naval
Audit Service. Such report shall include--
(1) a description of current and historical budgetary
resources and authorized full-time employees provided to and
utilized by the Naval Audit Service, as well as of any
planned or anticipated changes to the Naval Audit Service's
level of resources or staff;
(2) information on the workload of the Naval Audit Service
and where it devotes its resources;
(3) an assessment of the audit policies of the Naval Audit
Service, how it determines where to devote resources, and its
level of independence when performing audits and reporting
audit results; and
(4) an assessment of the potential impacts of any planned
or anticipated changes to the Naval Audit Service's level of
resources or staff.
(b) Limitation.--During the period beginning on the date of
enactment of this Act and ending on the date that is 180 days
after the date on which the report under subsection (a) is
submitted to the congressional defense committees--
(1) no individual may assign, transfer, transition, merge,
consolidate, or eliminate any function, responsibility,
authority, service, system, or program that was carried out
by the Naval Audit Service as of January 1, 2021, to an
entity other than the Naval Audit Service; and
(2) the number of full-time employees authorized for the
Naval Audit Service may not be reduced below the total that
is 10 percent less than the number that was authorized as of
January 1, 2021.
(c) Secretary of the Navy Report.--Not later than the date
that is 90 days after the date the report under subsection
(a) is submitted to the congressional defense committees, the
Secretary of the Navy shall submit to the congressional
defense committees a report, including--
(1) the Navy's assessment of the findings and
recommendations of the Comptroller General in regard to the
Naval Audit Service, including the Navy's plans to implement
the Comptroller General's recommendations;
(2) any reports or studies completed since 2018 by the Navy
or outside entities, including federally funded research and
development centers, into the operations of the Naval Audit
Service, and the Navy's response to the findings and
recommendations of such reports; and
(3) the Secretary's plans for any changes to the
activities, resources, staffing, authorities,
responsibilities, and mission of the Naval Audit Service.
[[Page H4688]]
SEC. 1106. IMPLEMENTATION OF GAO RECOMMENDATIONS ON TRACKING,
RESPONSE, AND TRAINING FOR CIVILIAN EMPLOYEES
OF THE DEPARTMENT OF DEFENSE REGARDING SEXUAL
HARASSMENT AND ASSAULT.
(a) Plan Required.--
(1) In general.--The Secretary of Defense shall develop a
plan to address the recommendations in the report of the U.S.
Government Accountability Office titled ``Sexual Harassment
and Assault: Guidance Needed to Ensure Consistent Tracking,
Response, and Training for DOD Civilians'' (GAO-21-113).
(2) Elements.--The plan required under paragraph (1) shall,
with respect to each recommendation in the report described
in paragraph (1) that the Secretary has implemented or
intends to implement, include--
(A) a summary of actions that have been or will be taken to
implement the recommendation; and
(B) a schedule, with specific milestones, for completing
implementation of the recommendation.
(b) Submission to Congressional Defense Committees.--Not
later than one year after the date of the enactment of this
Act, the Secretary shall submit to the congressional defense
committees the plan required under subsection (a).
(c) Deadline for Implementation.--
(1) In general.--Except as provided in paragraph (2), not
later than 18 months after the date of the enactment of this
Act, the Secretary shall carry out activities to implement
the plan developed under subsection (a).
(2) Exception for implementation of certain
recommendations.--
(A) Delayed implementation.--The Secretary may initiate
implementation of a recommendation in the report described in
subsection (a)(1) after the date specified in paragraph (1)
if the Secretary provides the congressional defense
committees with a specific justification for the delay in
implementation of such recommendation on or before such date.
(B) Nonimplementation.--The Secretary may decide not to
implement a recommendation in the report described in
subsection (a)(1) if the Secretary provides to the
congressional defense committees, on or before the date
specified in paragraph (1)--
(i) a specific justification for the decision not to
implement the recommendation; and
(ii) a summary of alternative actions the Secretary plans
to take to address the conditions underlying the
recommendation.
SEC. 1107. GUIDELINES FOR REDUCTIONS IN CIVILIAN POSITIONS.
Subsection (e) of section 1597 of title 10, United States
Code, is amended--
(1) in the subsection heading, by striking ``Reductions
Based Primarily on Performance'' and inserting ``Reductions
Based Primarily on Seniority and Veterans Preference''; and
(2) by striking ``primarily on the basis of performance, as
determined under any applicable performance management
system'' and inserting ``following the order of retention
prescribed in section 3502 of title 5''.
SEC. 1108. REPEAL OF 2-YEAR PROBATIONARY PERIOD.
(a) Repeal.--
(1) In general.--Section 1599e of title 10, United States
Code, is repealed.
(2) Application.--The modification of probationary periods
for covered employees (as that term is defined in such
section 1599e as in effect on the date immediately preceding
the date of enactment of this Act) by operation of the
amendment made by paragraph (1) shall only apply to an
individual appointed as such an employee on or after such
date of enactment.
(b) Technical and Conforming Amendments.--
(1) Title 10.--The table of sections for chapter 81 of
title 10, United States Code, is amended by striking the item
relating to section 1599e.
(2) Title 5.--Title 5, United States Code, is amended--
(A) in section 3321(c), by striking ``, or any individual
covered by section 1599e of title 10'';
(B) in section 3393(d), by striking the second sentence;
(C) in section 7501(1), by striking ``, except as provided
in section 1599e of title 10,'';
(D) in section 7511(a)(1)(A)(ii), by striking ``except as
provided in section 1599e of title 10,''; and
(E) in section 7541(1)(A), by striking ``or section 1599e
of title 10''.
SEC. 1109. AMENDMENT TO DIVERSITY AND INCLUSION REPORTING.
Section 113 of title 10, United States Code, as amended by
section 551 of the National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283), is amended--
(1) in subsection (c)(2), by inserting ``of members and
civilian employees'' after ``inclusion'';
(2) in subsection (l)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(ii) by redesignating subparagraph (B) as subparagraph (C);
and
(iii) by inserting after subparagraph (A) the following new
subparagraph (B):
``(B) efforts to reflect, across the civilian workforce of
the Department and of each armed force, the diversity of the
population of the United States; and''; and
(B) in paragraph (2)(B), by inserting ``and civilian
employees of the Department'' after ``members of the armed
forces''; and
(3) in subsection (m)--
(A) by redesignating paragraph (7) as paragraph (8); and
(B) by inserting after paragraph (6) the following new
paragraph (7):
``(7) The number of civilian employees of the Department,
disaggregated by military department, gender, race, and
ethnicity--
``(A) in each grade of the General Schedule;
``(B) in each grade of the Senior Executive Service;
``(C) paid at levels above grade GS-15 of the General
Schedule but who are not members of the Senior Executive
Service;
``(D) paid under the Federal Wage System, and
``(E) paid under alternative pay systems.''.
SEC. 1110. INCLUDING ACTIVE DUTY IN THE ARMED FORCES IN
MEETING SERVICE REQUIREMENT FOR FEDERAL
EMPLOYEE FAMILY AND MEDICAL LEAVE.
(a) Family and Medical Leave Act of 1993.--Section 101(2)
of the Family and Medical Leave Act of 1993 (29 U.S.C.
2611(2)) is amended by adding at the end the following:
``(F) Active duty as member of armed forces.--For the
purposes of determining whether an individual who is a
Federal officer or employee (not including a Federal officer
or employee excluded under paragraph (2)(B)(i)) meets the
service requirements specified in subparagraph (A), the
individual will be considered to meet those requirements if
the individual--
``(i) served on active duty as a member of the armed forces
for at least one year; and
``(ii) whose separation from the armed forces is
characterized as honorable by the Secretary concerned.''.
(b) Title 5.--Section 6381(1)(B) of title 5, United States
Code, is amended to read as follows:
``(B)(i) has completed at least 12 months of service as an
employee (as defined in section 2105) of the Government of
the United States, including service with the United States
Postal Service, the Postal Regulatory Commission, and a
nonappropriated fund instrumentality as described in section
2105(c); or
``(ii)(I) served on active duty as a member of the armed
forces for at least one year; and
``(II) whose separation from the armed forces is
characterized as honorable by the Secretary concerned;''.
SEC. 1111. TREATMENT OF HOURS WORKED UNDER A QUALIFIED TRADE-
OF-TIME ARRANGEMENT.
Section 5542 of title 5, United States Code, is amended by
adding at the end the following:
``(h)(1) Notwithstanding any other provision of this
section, any hours worked by a firefighter under a qualified
trade-of-time arrangement shall be disregarded for purposes
of any determination relating to eligibility for, or the
amount of, any overtime pay under this section.
``(2) For purposes of this subsection--
``(A) the term `qualified trade-of-time arrangement' means
an arrangement under which 2 firefighters who are employed by
the same agency agree, solely at their option and with the
approval of their employing agency, to substitute for one
another during scheduled work hours in the performance of
work in the same capacity; and
``(B) the term `firefighter' means a firefighter as defined
by section 8331(21) or 8401(14).''.
SEC. 1112. MODIFICATION OF TEMPORARY AUTHORITY TO APPOINT
RETIRED MEMBERS OF THE ARMED FORCES TO
POSITIONS IN THE DEPARTMENT OF DEFENSE.
Section 1108(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) is amended to read as follows:
``(b) Positions.--The positions in the Department described
in this subsection are positions in the competitive service--
``(1) at any defense industrial base facility (as that term
is defined in section 2208(u)(3) of title 10, United States
Code) that is part of the core logistics capabilities (as
described in section 2464(a) of such title); or
``(2) at any Major Range and Test Facility Base (as that
term is defined in section 196(i) of such title).''.
SEC. 1113. INCREASE IN ALLOWANCE BASED ON DUTY AT REMOTE
WORKSITES.
(a) Assessment and Rate.--Not later than March 31, 2022,
the Director of the Office of Personnel Management shall
complete an assessment of the remote site pay allowance under
section 5942 of title 5, United States Code, and propose a
new rate of such allowance, adjusted for inflation, and
submit such assessment and rate to the President and to
Congress.
(b) Application.--Beginning on the first day of the first
pay period beginning after the date the Director submits the
assessment and rate under subsection (a), such rate shall,
notwithstanding subsection (a) of such section 5942, be the
rate of such allowance.
SEC. 1114. LIMITING THE NUMBER OF LOCAL WAGE AREAS DEFINED
WITHIN A PAY LOCALITY.
(a) Local Wage Area Limitation.--Section 5343(a) of title
5, United States Code, is amended--
(1) in paragraph (1)(B)(i), by striking ``(but such'' and
all that follows through ``are employed)'';
(2) in paragraph (4), by striking ``and'' after the
semicolon;
(3) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end of the following:
``(6) the Office of Personnel Management may define not
more than one local wage area within a pay locality, except
that this paragraph shall not apply to the pay locality
designated as `Rest of United States'.''.
(b) Pay Locality Defined.--Section 5342(a) of title 5,
United States Code, is amended--
(1) in paragraph (2)(C), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) `pay locality' has the meaning given that term under
section 5302(5).''.
(c) Regulations.--The Director of the Office of Personnel
Management shall prescribe any
[[Page H4689]]
regulations necessary to carry out this section and the
amendments made by this section, including regulations to
ensure that this section and the amendments made by this
section shall not have the effect of reducing any rate of
basic pay payable to any individual who is serving as a
prevailing rate employee (as defined under section 5342(a)(2)
of title 5, United States Code).
(d) Effective Date.--This section and the amendments made
by this section shall apply with respect to fiscal year 2022
and each fiscal year thereafter.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. EXTENSION OF SUPPORT OF SPECIAL OPERATIONS FOR
IRREGULAR WARFARE.
Section 1202(a) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1639) is
amended by striking ``2023'' and inserting ``2025''.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. CLARIFICATION OF CERTAIN MATTERS REGARDING
PROTECTION OF AFGHAN ALLIES.
(a) In General.--Section 602 of the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
(1) in subsection (b)(2)(C)--
(A) by striking ``(i) in general.--An alien is described in
this subparagraph if the alien'' and inserting the following:
``(i) In general.--An alien is described in this
subparagraph if the alien''; and
(B) by striking ``(ii) employment requirements.--An
application'' and inserting the following:
``(ii) Employment requirements.--An application'';
(2) in subsection (b)(2)(C)(i), by striking subclause (I),
and inserting the following:
``(I) was the spouse or child of a principal alien
described in subparagraph (A) who had submitted--
``(aa) an application to the Chief of Mission pursuant to
this section; or
``(bb) a petition pursuant to section 1059 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law
109-163; 8 U.S.C. 1101 note),
which included the alien as an accompanying spouse or child;
and'';
(3) in subsection (b)(2)(C)(i)(II)--
(A) in item (aa), by inserting ``application or'' before
``petition''; and
(B) in item (bb), by inserting ``application or'' before
``petition''; and
(4) in subsection (b)(2)(C)(ii), by inserting ``or
petition'' after ``application'' each place such term
appears.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is our solemn responsibility to honor the sacrifices
made by, and the loyal service of, our many Afghan partners
who faithfully served alongside our Armed Forces, our
diplomats, and supported United States operations in
Afghanistan for the last 20 years;
(2) the United States Government must recognize that
commitment and seek to facilitate the safe passage to the
United States for those Afghan partners through the Afghan
Special Immigrant Visa program;
(3) our Afghan partners performed their services at great
personal risk to themselves and their families and that these
Afghans, in their service to our security as interpreters and
in other capacities, furthered our military and diplomatic
mission in Afghanistan; and
(4) the United States Government is grateful for the
loyalty of our Afghan partners and expresses our deepest
sympathies for what they have lost.
Congress reaffirms its commitment to continuing the work that
it has done to honor these Afghans and provide for their
safety through the Afghan Special Immigrant Visa program as
it has since the program's inception in 2009 including
through the passage of legislation to extend the Afghan
Special Immigrant Visa program and provide additional special
immigrant visas.
SEC. 1212. AFGHANISTAN SECURITY FORCES FUND.
(a) Authorization of Appropriations.--Amounts are
authorized to be appropriated and are authorized to remain
available through December 31, 2022, for the Afghanistan
Security Forces Fund for expenditure on costs associated with
the termination of Operation Freedom's Sentinel and
termination of related support to the forces of the Ministry
of Defense and the Ministry of Interior Affairs of the
Government of Afghanistan, and may also be made available for
storage costs for equipment and other materiel taken into DoD
stock pursuant to subsection (b) of this section, contract
termination, and close out costs.
(b) Equipment Disposition.--
(1) Acceptance of certain equipment.--Subject to paragraph
(2), the Secretary of Defense may accept equipment that was
procured using amounts authorized to be appropriated for the
Afghanistan Security Forces Fund by subsection (a) or
authorized to be appropriated pursuant to prior Acts and
was--
(A) intended for transfer to the security forces of the
Ministry of Defense and the Ministry of Interior Affairs of
the Government of Afghanistan; or
(B) previously accepted by the Government of Afghanistan.
(2) Treatment as department of defense stocks.--Equipment
accepted under the authority provided under paragraph (1) may
be treated as stocks of the Department of Defense upon
notification to the congressional defense committees of such
treatment.
(3) Authorization of appropriations.--Amounts authorized to
be appropriated by this Act for the Afghanistan Security
Forces Fund for the authority described in paragraph (1) may
be used--
(A) for transportation, storage, and other costs associated
with taking equipment accepted under the authority provided
under paragraph (1) into stocks of the Department of Defense
until alternate disposition is determined; and
(B) to pay for the costs of disposing of such equipment if
no other alternate use can be found.
(4) Quarterly reports on equipment disposition.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act and every 90 days thereafter during
the period in which the authority provided under paragraph
(1) is exercised, the Secretary shall submit to the
congressional defense committees a report describing the
equipment accepted during the period covered by such report
under the following:
(i) This subsection.
(ii) Any prior Act authorizing the appropriation of funds
for the Afghanistan Security Forces Fund pursuant to which
such equipment was accepted during such period.
(B) Elements.--Each report under subparagraph (A) shall
include, with respect to the 90-day period for which report
is submitted and cumulatively beginning with the date of the
submission of the first notification described in
subparagraph (A) --
(i) a list of any equipment accepted during such period and
treated as stocks of the Department of Defense;
(ii) a description of the circumstances that resulted in
such equipment being available for treatment as stocks of the
Department of Defense;
(iii) the cost associated with the storage of maintenance
of any accepted equipment; and
(iv) the final disposition decisions or actions for all
accepted equipment.
SEC. 1213. PROHIBITION ON PROVIDING FUNDS OR MATERIAL
RESOURCES OF THE DEPARTMENT OF DEFENSE TO THE
TALIBAN.
The Secretary of Defense may not provide any funds or
material resources of the Department of Defense to the
Taliban.
SEC. 1214. PROHIBITION ON TRANSPORTING CURRENCY TO THE
TALIBAN AND THE ISLAMIC EMIRATE OF AFGHANISTAN.
None of the amounts authorized to be appropriated by this
Act or otherwise made available to the Department of Defense
may be made available for the operation of any aircraft of
the Department of Defense to transport currency or other
items of value to the Taliban, the Islamic Emirate of
Afghanistan, or any subsidiary, agent, or instrumentality of
either the Taliban or the Islamic Emirate of Afghanistan.
SEC. 1215. EXTENSION AND MODIFICATION OF AUTHORITY FOR
REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR
SUPPORT PROVIDED TO UNITED STATES MILITARY
OPERATIONS.
Section 1233 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 393) is
amended--
(1) in subsection (a), by striking ``for the period
beginning on October 1, 2020, and ending on December 31,
2021'' and inserting ``for the period beginning on October 1,
2021, and ending on December 31, 2022''; and
(2) in subsection (d)--
(A) by striking ``during the period beginning on October 1,
2020, and ending on December 31, 2021'' and inserting
``during the period beginning on October 1, 2021, and ending
on December 31, 2022''; and
(B) by striking ``$180,000,000'' and inserting
``$60,000,000''.
SEC. 1216. QUARTERLY BRIEFINGS ON THE SECURITY ENVIRONMENT IN
AFGHANISTAN AND UNITED STATES MILITARY
OPERATIONS RELATED TO THE SECURITY OF, AND
THREATS EMANATING FROM, AFGHANISTAN.
(a) In General.--The Chairman of the Joint Chiefs of Staff
and the Secretary of Defense, acting through the Under
Secretary of Defense for Policy and the Under Secretary of
Defense for Intelligence and Security, shall provide to the
congressional defense committees a quarterly briefing on the
security environment in Afghanistan and United States
military operations related to the security of, and threats
emanating from, Afghanistan.
(b) Elements.--Each quarterly briefing under subsection (a)
shall including information relating to the following:
(1) The current security environment in Afghanistan,
including the following:
(A) An assessment of foreign terrorist organizations
operating within Afghanistan, including the operations of
such organizations against targets inside Afghanistan and
abroad.
(B) An assessment of Taliban operations against Afghan
nationals who assisted United States and coalition forces
since 2001.
(2) The disposition of United States forces in the region,
including the following:
(A) An update on United States force posture and basing
activity in the CENTCOM area of operations as such relates to
Afghanistan.
(B) A description of capabilities of forces in the region
to execute operations in Afghanistan.
(C) Relevant updates on ability and effectiveness of over
the horizon operations in Afghanistan.
(3) Relevant updates of foreign military operations in the
region, including the following:
(A) An assessment of foreign military operations in the
region as such relate to Afghanistan.
(B) An assessment of foreign military capabilities to
execute operations in Afghanistan.
(C) An assessment of foreign militaries' relationships with
the Taliban or foreign terrorist organizations inside
Afghanistan.
(c) Timing.--Each quarterly briefing under subsection (a)
shall be conducted on date each
[[Page H4690]]
quarter of each fiscal year as agreed upon by the Chairman of
the Joint Chiefs of Staff, the Under Secretary of Defense for
Policy, the Under Secretary of Defense for Intelligence and
Security, and the congressional defense committees.
(d) Classification.--Each quarterly briefing under
subsection (a) shall be conducted in a classified format.
SEC. 1217. QUARTERLY REPORT ON THE THREAT POTENTIAL OF AL-
QAEDA AND RELATED TERRORIST GROUPS UNDER A
TALIBAN REGIME IN AFGHANISTAN.
(a) In General.--The Secretary of Defense shall prepare and
submit to the appropriate congressional committees on a
quarterly basis a report on the threat potential of Al-Qaeda
and related terrorist groups under a Taliban regime in
Afghanistan.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the implications of Al-Qaeda and
related terrorist groups, including the Islamic State of Iraq
and Syria (ISIS), the Islamic State Khurasan (ISK), and the
Haqqani Network, operating within a Taliban-held Afghanistan,
the region, and globally.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1218. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the men and women of the United States Armed Forces
performed heroically by securing Hamid Karzai International
Airport and facilitating the evacuation of thousands of
United States citizens;
(2) these servicemembers have executed the largest
Noncombatant Evacuation Operation (NEO) in United States
history, saving the lives of thousands of men, women, and
children;
(3) these servicemembers should be commended for their
courageous and noble service to their country, having
acquitted themselves in a manner that should make every
American proud; and
(4) the service and lives of the 11 Marines, a sailor, and
a soldier who gave their lives in service of this mission
should be remembered for their valor and humanity, having
made the ultimate sacrifice in service to their Nation.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1221. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO VETTED SYRIAN GROUPS AND
INDIVIDUALS.
(a) In General.--Subsection (a) of section 1209 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3451) is amended by striking ``December 31, 2021''
and inserting ``December 31, 2022''.
(b) Notice Before Provision of Assistance.--Subsection
(b)(2)(A) of such section is amended by striking ``or fiscal
year 2021'' and inserting ``fiscal year 2021, or fiscal year
2022''.
SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT
OPERATIONS AND ACTIVITIES OF THE OFFICE OF
SECURITY COOPERATION IN IRAQ.
(a) Limitation on Amount.--Subsection (c) of section 1215
of the National Defense Authorization Act for Fiscal Year
2012 (10 U.S.C. 113 note) is amended--
(1) by striking ``fiscal year 2021'' and inserting ``fiscal
year 2022''; and
(2) by striking ``$25,000,000'' and inserting
``$30,000,000''.
(b) Source of Funds.--Subsection (d) of such section is
amended by striking ``fiscal year 2021'' and inserting
``fiscal year 2022''.
SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ
AND SYRIA.
(a) In General.--Subsection (a) of section 1236 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3558) is amended by striking ``December 31, 2021''
and inserting ``December 31, 2022''.
(b) Funding.--Subsection (g) of such section is amended--
(1) by striking ``fiscal year 2021'' and inserting ``fiscal
year 2022''; and
(2) by striking ``$322,500,000'' and inserting
``$345,000,000''.
(c) Limitation on Availability of Funds.--
(1) In general.--Of the amounts made available for fiscal
year 2021 (and available for obligation as of the date of the
enactment of this Act) and fiscal year 2022 to carry out
section 1236 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3558), not more than 50
percent may be obligated or expended until the date on which
the Secretary of Defense and the Secretary of State submit to
appropriate congressional committees a report that contains
the following:
(A) A comprehensive strategy and plan to train and build
lasting and sustainable military capabilities of the Iraqi
security forces using existing authorities.
(B) A whole-of-government plan to engage the Government of
Iraq and the Kurdistan Regional Government in security sector
reform to professionalize, strengthen, and sustainably build
the capacity of Iraq's national defense and security
institutions.
(C) A description of the current status, capabilities, and
operational capacity of remaining Islamic State of Iraq and
Syria elements active in Iraq and Syria.
(2) Additional reporting requirement.--The Secretary of
Defense and Secretary of State shall submit to appropriate
congressional committees a report that contains information
relating to any gross violations of human rights committed by
units of the Iraqi security forces.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 1224. PROHIBITION OF TRANSFERS TO BADR ORGANIZATION.
None of the amounts authorized to be appropriated by this
Act or otherwise made available to the Department of Defense
may be made available, directly or indirectly, to the Badr
Organization.
SEC. 1225. PROHIBITION ON TRANSFERS TO IRAN.
None of the amounts authorized to be appropriated by this
Act or otherwise made available to the Department of Defense
may be made available to transfer or facilitate a transfer of
pallets of currency, currency, or other items of value to the
Government of Iran, any subsidiary of such Government, or any
agent or instrumentality of Iran.
SEC. 1226. REPORT ON IRAN-CHINA MILITARY TIES.
Not later than 180 days after the date of the enactment of
this Act, and annually thereafter for 4 years, the Secretary
of Defense shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report that
includes a detailed assessment of--
(1) military ties between China and Iran since the
expiration of United Nations Security Resolution 2231 in
October 2020, including in the form of joint drills, weapons
transfers, military visits, illicit procurement activities,
and other sources of Chinese material support for Iranian
military capabilities; and
(2) the direct or indirect impact that the suspension,
issuance, or revocation of any waiver, license, or suspension
of economic sanctions on Iran may have on the use or
effectiveness of such tools.
SEC. 1227. REPORT ON IRANIAN MILITARY CAPABILITIES.
Not later than 180 days after the date of the enactment of
this Act, and every 180 days thereafter, the Secretary of
Defense shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report that
includes a detailed description of--
(1) improvements to Iranian military capabilities in the
preceding 180-day period, including capabilities of the
Islamic Revolutionary Guard Corps, the Quds Force, the
Artesh, and the Basij, as well as those of its terrorist
proxies; and
(2) the direct or indirect impact that the suspension,
issuance, or revocation of any waiver, license, or suspension
of economic sanctions on Iran may have on such capabilities.
SEC. 1228. REPORT ON IRANIAN TERRORIST PROXIES.
Not later than 180 days after the date of the enactment of
this Act, and every 180 days thereafter, the Secretary of
Defense shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a report that
includes a detailed description of--
(1) improvements to the military capabilities of Iran-
backed militias, including Lebanese Hezbollah, Asa'ib ahl al-
Haq, Harakat Hezbollah al-Nujaba, Kata'ib Sayyid al-Shuhada,
Kata'ib al-Imam Ali, Kata'ib Hezbollah, the Badr
Organization, the Fatemiyoun, the Zainabiyoun, and Ansar
Allah (also known as the Houthis); and
(2) the direct or indirect impact that the suspension,
issuance, or revocation of any waiver, license, or suspension
of economic sanctions on Iran may have on such capabilities.
Subtitle D--Matters Relating to Russia
SEC. 1231. EXTENSION OF LIMITATION ON MILITARY COOPERATION
BETWEEN THE UNITED STATES AND RUSSIA.
Section 1232(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), is
amended by striking ``2020, or 2021'' and inserting ``2020,
2021, or 2022''.
SEC. 1232. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO
SOVEREIGNTY OF RUSSIA OVER CRIMEA.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2022 for the Department of Defense may be
obligated or expended to implement any activity that
recognizes the sovereignty of Russia over Crimea.
(b) Waiver.--The Secretary of Defense, with the concurrence
of the Secretary of State, may waive the restriction on the
obligation or expenditure of funds required by subsection (a)
if the Secretary of Defense--
(1) determines that to do so is in the national security
interest of the United States; and
(2) submits a notification of the waiver, at the time the
waiver is invoked, to the Committee on Armed Services and the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1233. MODIFICATION AND EXTENSION OF UKRAINE SECURITY
ASSISTANCE INITIATIVE.
Section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068) is
amended as follows:
(1) In subsection (c)--
(A) in paragraph (1), by striking ``funds available for
fiscal year 2021 pursuant to subsection (f)(6)'' and
inserting ``funds available for fiscal year 2022 pursuant to
subsection (f)(7)'';
(B) in paragraph (3), by striking ``fiscal year 2021'' and
inserting ``fiscal year 2022''; and
(C) in paragraph (5), by striking ``Of the funds available
for fiscal year 2021 pursuant to
[[Page H4691]]
subsection (f)(6), $75,000,000 shall be available'' and
inserting ``Of the funds available for fiscal year 2022
pursuant to subsection (f)(7), $50,000,000 shall be
available''.
(2) In subsection (f), by adding at the end the following:
``(7) For fiscal year 2022, $300,000,000.''.
(3) In subsection (h), by striking ``December 31, 2023''
and inserting ``December 31, 2024''.
SEC. 1234. REPORT ON OPTIONS FOR ASSISTING THE GOVERNMENT OF
UKRAINE IN ADDRESSING INTEGRATED AIR AND
MISSILE DEFENSE GAPS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States remains a steadfast partner of
Ukraine; and
(2) it is in the United States national security interest
assist the Government of Ukraine in countering Russian
military aggression.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on options
for how the United States could support the Government of
Ukraine in addressing integrated air and missile defense
gaps. Such report shall include options for the foreign
military sale of United States systems or the transfer of
existing systems that are not being allocated through global
force management.
SEC. 1235. BIENNIAL REPORT ON RUSSIAN INFLUENCE OPERATIONS
AND CAMPAIGNS TARGETING MILITARY ALLIANCES AND
PARTNERSHIPS OF WHICH THE UNITED STATES IS A
MEMBER.
(a) Report Required.--Not later than April 1, 2022, and on
a biennial basis thereafter until April 1, 2024, the
Secretary of Defense and the Secretary of State, in
coordination with the Director of National Intelligence and
the heads of any other appropriate department or agency,
shall jointly submit to the appropriate congressional
committees a report on Russian influence operations and
campaigns that target United States military alliances and
partnerships.
(b) Elements.--The report required under subsection (a)
shall include each of the following:
(1) An assessment of Russia's objectives for influence
operations and campaigns targeting United States military
alliances and partnerships and how such objectives relate to
Russia's broader strategic aims.
(2) The activities and roles of the Department of Defense
and Department of State in the United States government
strategy to counter such Russian influence operations and
campaigns.
(3) A comprehensive list of specific Russian state and non-
state entities, or those of any other country with which
Russia may cooperate, involved in supporting such Russian
influence operations and campaigns and the role of each
entity in such support.
(4) An identification of the tactics, techniques, and
procedures used in previous Russian influence operations and
campaigns.
(5) An assessment of the impact of previous Russian
influence operations and campaigns targeting United States
military alliances and partnerships, including the views of
senior Russian officials about the effectiveness of such
operations and campaigns in achieving Russian objectives.
(6) An identification of each United States ally and
partner, and each military alliance of which the United
States is a member, that has been targeted by Russian
influence operations and campaigns.
(7) An identification of each United States ally and
partner, and each military alliance of which the United
States is a member, that may be targeted in future Russian
influence operations and campaigns, and an assessment of the
likelihood that each such ally, partner, or alliance will be
targeted.
(8) An identification of tactics, techniques, and
procedures likely to be used in future Russian influence
operations and campaigns targeting United States military
alliances and partnerships.
(9) Recommended authorities or activities for the
Department of Defense and Department of State in the United
States government strategy to counter such Russian influence
operations and campaigns.
(10) Any other matters the Secretaries determine
appropriate.
(c) Form; Updates.--
(1) Form.--The report required under subsection (a) shall
be submitted in unclassified form and in a manner appropriate
for release to the public, but may include a classified
annex.
(2) Updates.--Each report submitted pursuant to subsection
(a) after the submission of the first report shall highlight
changes and new developments that have occurred since the
previous report and may omit to restate in full the contents
of any previous report.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate; and
(C) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
(2) United states military alliances and partnerships.--The
term ``United States military alliances and partnerships''
includes each military alliance or partnership of which the
United States is a member.
SEC. 1236. SENSE OF CONGRESS ON GEORGIA.
(a) Findings.--Congress finds the following:
(1) Georgia is a valued friend of the United States and has
repeatedly demonstrated its commitment to advancing the
mutual interests of both countries, including strong
participation in the State Partnership Program of the
National Guard between the Georgia National Guard and the
Georgian armed forces.
(2) The contributions of the Georgian armed forces have
been remarkable with members of the Georgia National Guard
having fought side-by-side with Georgian soldiers in Iraq and
Afghanistan.
(3) Georgia's geographic location gives it strategic
importance as a transit corridor.
(4) The resilience of Georgia's democratic institutions is
critical to its Euro-Atlantic integration.
(b) Sense of Congress.--It is the sense of Congress that
the United States should--
(1) reaffirm support for an enduring strategic partnership
between the United States and Georgia;
(2) support Georgia's sovereignty and territorial integrity
within its internationally recognized borders and not
recognize the independence of the Abkhazia and South Ossetia
regions currently occupied by the Russian Federation;
(3) continue support for multi-domain security assistance
for Georgia in the form of lethal and non-lethal measures to
build resiliency, bolster deterrence against Russian
aggression, and promote stability in the region, by--
(A) strengthening defensive capabilities and promote
readiness; and
(B) improving interoperability with NATO forces;
(4) further enhance security cooperation and engagement
with Georgia and other Black Sea regional partners; and
(5) continue to work with Georgia's political leaders to
strengthen Georgia's democratic institutions.
Subtitle E--Matters Relating to the Indo-Pacific Region
SEC. 1241. SENSE OF CONGRESS ON A FREE AND OPEN INDO-PACIFIC
REGION.
It is the sense of Congress that--
(1) the United States is steadfast in its commitment to
upholding the rules-based international order, freedom of
navigation, and shared values in a free and open Indo-Pacific
region;
(2) maintenance of a free and open Indo-Pacific region is
essential to global security and crucial to the national
security objectives of the United States, its allies, and
partners;
(3) United States alliances and partnerships are the
cornerstone of efforts to deter aggression and counter malign
activity by the Governments of the People's Republic of China
and the Democratic People's Republic of North Korea, and to
ensure the maintenance of a free and open Indo-Pacific
region;
(4) the United States remains steadfast in its commitments
to allies and partners against aggression and malign
activity, and will continue to strengthen cooperation in
bilateral relationships, multilateral partnerships such as
the Quad, and other international fora to uphold global
security and shared principles; and
(5) the United States should continue to invest in enhanced
military posture and capabilities in the United States Indo-
Pacific Command area of responsibility.
SEC. 1242. CLARIFICATION OF REQUIRED BUDGET INFORMATION
RELATED TO THE INDO-PACIFIC.
Section 1251(e) of the National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283) is amended by
adding at the end the following:
``(10) A description of the manner and extent to which the
amounts, summaries, and comparisons required by this
subsection directly address the items identified in--
``(A) the independent assessment required under section
1253 of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116-92); and
``(B) the plan required by subsection (d).''.
SEC. 1243. REPORT ON COOPERATION BETWEEN THE NATIONAL GUARD
AND TAIWAN.
(a) Report.--Not later than February 15, 2022, the
Secretary of Defense shall submit to appropriate
congressional committees a report on the feasibility and
advisability of enhanced cooperation between the National
Guard and Taiwan. Such report shall include the following:
(1) A description of the cooperation between the National
Guard and Taiwan during the 10 preceding calendar years,
including mutual visits, exercises, training, and equipment
opportunities.
(2) An evaluation of the feasibility and advisability of
enhancing cooperation between the National Guard and Taiwan
on a range of activities, including--
(A) disaster and emergency response;
(B) cyber defense and communications security;
(C) military medical cooperation;
(D) cultural exchange and education of members of the
National Guard in Mandarin Chinese; and
(E) programs for National Guard advisors to assist in
training the reserve components of the military forces of
Taiwan.
(3) Recommendations to enhance such cooperation and improve
interoperability, including through familiarization visits,
cooperative training and exercises, and co-deployments.
(4) Any other matter the Secretary of Defense determines
appropriate.
(b) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs of the House of
Representatives; and
(3) the Committee on Foreign Relations of the Senate.
SEC. 1244. REPORT ON MILITARY AND SECURITY DEVELOPMENTS
INVOLVING THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than January 31, 2022, and
annually thereafter until January 31,
[[Page H4692]]
2026, the Secretary of Defense, in consultation with the
heads of other Federal departments and agencies as
appropriate, shall submit to the appropriate congressional
committees a report, in both classified and unclassified
form, on military and security developments involving the
People's Republic of China.
(b) Matters to Be Addressed.--The report required by
subsection (a) shall address the following:
(1) The current and probable future course of military-
technological development of the People's Liberation Army and
the tenets and probable development of Chinese security
strategy and military strategy, and of military organizations
and operational concepts, through the next 20 years.
(2) United States-China engagement and cooperation on
security matters during the period covered by the report,
including through United States-China military-to-military
contacts, and the United States strategy for such engagement
and cooperation in the future.
(c) Matters to Be Included.--The report required by
subsection (a) shall include analyses and forecasts of the
following:
(1) The objectives, factors, and trends shaping Chinese
security strategy and military strategy.
(2) Developments in China's defense policy, military
strategy, and the roles and missions of the People's
Liberation Army.
(3) The People's Liberation Army's role in the Chinese
Communist Party, including the structure and leadership of
the Central Military Commission.
(4) Developments in the People's Liberation Army's military
doctrine, operational concepts, joint command and
organizational structures, and significant military
operations and deployments.
(5) Trends and developments in the People's Liberation
Army's budget and resources and strategies and policies
related to science and technology, defense industry reform,
and China's use of espionage and technology transfers.
(6) Developments and future course of the People's
Liberation Army's theater and functional commands, including
their roles and missions, structure, and the size, location,
and capabilities of their strategic, land, sea, air, and
other forces, and the strengths or weaknesses thereof.
(7) A detailed summary of the order of battle of the
People's Liberation Army, including--
(A) anti-access and area denial capabilities;
(B) ballistic and cruise missile inventories;
(C) cyberwarfare and electronic warfare capabilities;
(D) space and counter space programs and capabilities;
(E) nuclear program and capabilities; and
(F) command, control, communications, computers,
intelligence, surveillance, and reconnaissance modernization
program and capabilities.
(8) Developments relating to the China Coast Guard.
(9) Developments in the People's Liberation Army's overseas
presence, including military basing, military logistics
capabilities and infrastructure, access to foreign ports or
military bases, and whether such presence could affect United
States national security or defense interests.
(10) The relationship between Chinese overseas investment
and Chinese security and military strategy objectives.
(11) 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.
(12) Efforts, including by espionage and technology
transfers through investment, by China to develop, acquire,
or gain access to advanced technologies that would enhance
military capabilities.
(13) The People's Liberation Army's internal security role
and its affiliations with the People's Armed Police and other
Chinese law enforcement, intelligence, and paramilitary
entities, including any activities supporting or implementing
mass surveillance, mass detentions, forced labor, or other
gross violations of human rights.
(14) A description of Chinese military-to-military
relationships with other countries, including the Russian
Federation.
(15) China's strategy regarding Taiwan and the security
situation in the Taiwan Strait.
(16) A description of China's maritime strategy, its
military and nonmilitary activities in the South China Sea
and East China Sea, to include roles and activities of the
People's Liberation Army and China's maritime law enforcement
and paramilitary organizations.
(17) The current state of United States military-to-
military contacts with the People's Liberation Army,
including a summary of such contacts during the period
covered by the report, a description of such contacts for the
12-month period following the report, the Secretary's
assessment of the benefits of such contacts, and the
Secretary's certification whether or not any military-to-
military exchange or contact was conducted during the period
covered by the report in violation of section 1201(a) of the
National Defense Authorization Act for Fiscal Year 2000 (10
U.S.C. 311 note).
(18) Other significant military and security developments
involving China that the Secretary of Defense considers
relevant to United States national security.
(d) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1245. BIENNIAL REPORT ON INFLUENCE OPERATIONS AND
CAMPAIGNS OF THE GOVERNMENT OF THE PEOPLE'S
REPUBLIC OF CHINA TARGETING MILITARY ALLIANCES
AND PARTNERSHIPS OF WHICH THE UNITED STATES IS
A MEMBER.
(a) In General.--Not later than April 1, 2022, and on a
biennial basis thereafter until April 1, 2024, the Secretary
of Defense and the Secretary of State, in coordination with
the Director of National Intelligence and the heads of other
Federal departments and agencies as appropriate, shall submit
to the appropriate congressional committees a report on the
influence operations and campaigns of the Government of the
People's Republic of China (PRC) targeting military alliances
and partnerships of which the United States is a member.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) An assessment of the PRC Government's objectives in
such operations and campaigns and how such objectives relate
to the PRC Government's broader strategic aims.
(2) The activities and roles of the Department of Defense
and Department of State in the United States Government
strategy to counter such influence operations and campaigns
of the PRC Government.
(3) A comprehensive list of specific PRC state and non-
state entities, or any other states with which the PRC may
cooperate, involved in supporting such operations and
campaigns and the role of each such entity in supporting such
operations and campaigns.
(4) An identification of the tactics, techniques, and
procedures used in previous influence operations and
campaigns of the PRC Government.
(5) An assessment of the impact of previous influence
operations and campaigns of the PRC Government, including the
views of senior PRC Government officials about their
effectiveness in achieving PRC Government objectives.
(6) An identification of all United States military
alliances and partnerships that have been targeted by
influence operations and campaigns of the PRC Government.
(7) An identification of all United States military
alliances and partnerships that may be targeted in future
influence operations and campaigns of the PRC Government and
an assessment of the likelihood that each such partnership or
alliance will be targeted.
(8) An identification of tactics, techniques, and
procedures likely to be used in future influence operations
and campaigns of the PRC Government.
(9) Recommended authorities or activities for the
Department of Defense and Department of State in the United
States Government strategy to counter such influence
operations and campaigns of the PRC Government.
(10) Any other matters the Secretaries determine to be
appropriate.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form and appropriate for release to
the public, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(3) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 1246. REPORT ON EFFORTS BY THE PEOPLE'S REPUBLIC OF
CHINA TO EXPAND ITS PRESENCE AND INFLUENCE IN
LATIN AMERICA AND THE CARIBBEAN.
(a) Report.--Not later than June 15, 2022, the Secretary of
Defense, with the concurrence of the Secretary of State and
in coordination with the Secretary of the Treasury and the
Director of National Intelligence, shall submit to the
appropriate congressional committees a report that identifies
efforts by the Government of the People's Republic of China
to expand its presence and influence in Latin America and the
Caribbean through diplomatic, military, economic, and other
means, and describes the implications of such efforts on the
United States' national defense and security interests.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) An identification of--
(A) countries of Latin America and the Caribbean with which
the Government of the People's Republic of China maintains
especially close diplomatic, military, and economic
relationships;
(B) the number and content of strategic partnership
agreements or similar agreements, including any non-public,
secret, or informal agreements, that the Government of the
People's Republic of China has established with countries and
regional organizations of Latin America and the Caribbean;
(C) countries of Latin America and the Caribbean that have
joined the Belt and Road Initiative or the Asian
Infrastructure Investment Bank;
(D) countries of Latin America and the Caribbean to which
the Government of the People's Republic of China provides
foreign assistance or disaster relief, including access to
COVID-19 vaccines, including a description of the amount and
purpose of, and any conditions attached to, such assistance;
(E) countries and regional organizations of Latin America
and the Caribbean in which the Government of the People's
Republic of China, including its state-owned or state-
directed enterprises and banks, have undertaken significant
investments, infrastructure projects, and correspondent
banking and lending activities at the regional, national, and
subnational levels;
[[Page H4693]]
(F) recent visits by senior officials of the Government of
the People's Republic of China, including its state-owned or
state-directed enterprises and banks, to Latin America and
the Caribbean, and visits by senior officials from Latin
America and the Caribbean to the People's Republic of China;
(G) the existence of any defense exchanges, military or
police education or training, and exercises between any
military or police organization of the Government of the
People's Republic of China and military, police, or security-
oriented organizations of countries of Latin America and the
Caribbean;
(H) countries and regional organizations of Latin America
and the Caribbean that maintain diplomatic relations with
Taiwan;
(I) any steps that the Government of the People's Republic
of China has taken to encourage countries and regional
organizations of Latin America and the Caribbean to switch
diplomatic relations to the People's Republic of China
instead of Taiwan; and
(J) any other matters the Secretary of Defense and the
Secretary of State determine is appropriate.
(2) A detailed description of--
(A) the relationship between the Government of the People's
Republic of China and the Government of Venezuela and the
Government of Cuba;
(B) Government of the People's Republic of China military
installations, assets, and activities in Latin America and
the Caribbean that currently exist or are planned for the
future;
(C) sales or transfers of defense articles and services by
the Government of the People's Republic of China to countries
of Latin America and the Caribbean;
(D) a comparison of sales and transfers of defense articles
and services to countries of Latin America and the Caribbean
by the Government of the People's Republic of China, the
Russian Federation, and the United States;
(E) any other form of military, paramilitary, or security
cooperation between the Government of the People's Republic
of China and the governments of countries of Latin America
and the Caribbean;
(F) the nature, extent, and purpose of the Government of
the People's Republic of China's intelligence activities in
Latin America and the Caribbean;
(G) the Government of the People's Republic of China's role
in transnational crime in Latin America and the Caribbean,
including trafficking and money laundering and including any
links to the People's Liberation Army;
(H) efforts by the Government of the People's Republic of
China to expand the reach and influence of its financial
system within Latin America and the Caribbean, through
banking activities and payments systems and through goods and
services related to the use of the digital yuan; and
(I) efforts by the Government of the People's Republic of
China to build its media presence in Latin America and the
Caribbean, and any government-directed disinformation or
information warfare campaigns in the region, including for
military purposes or with ties to the People's Liberation
Army.
(3) An assessment of--
(A) the specific objectives that the Government of the
People's Republic of China seeks to achieve by expanding its
presence and influence in Latin America and the Caribbean,
including any objectives articulated in official documents or
statements;
(B) whether certain investments by the Government of the
People's Republic of China, including in port projects, canal
projects, and telecommunications projects in Latin America
and the Caribbean, could have military uses or dual use
capability or could enable the Government of the People's
Republic of China to monitor or intercept United States or
host nation communications;
(C) the degree to which the Government of the People's
Republic of China uses its presence and influence in Latin
America and the Caribbean to encourage, pressure, or coerce
governments in the region to support its defense and national
security goals, including policy positions taken by it at
international institutions;
(D) documented instances of governments of countries of
Latin America and the Caribbean silencing, or attempting to
silence, local critics of the Government of the People's
Republic of China, including journalists, academics, and
civil society representatives, in order to placate the
Government of the People's Republic of China;
(E) the rationale for the Government of the People's
Republic of China becoming an observer at the Organization of
American States and a non-borrowing member of the Inter-
American Development Bank and the Caribbean Development Bank;
(F) the relationship between the Government of the People's
Republic of China and the Community of Latin American and
Caribbean States (CELAC), a regional organization that
excludes the United States, and the role of the China-CELAC
Forum in coordinating such relationship; and
(G) the specific actions and activities undertaken by the
Government of the People's Republic of China in Latin America
and the Caribbean that present the greatest threat or
challenge to the United States' defense and national security
interests in the region.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form without any designation
relating to dissemination control, but may include a
classified annex.
(d) Definitions.--In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Financial Services, the
Committee on the Judiciary, and the Permanent Select
Committee on Intelligence of the House of Representatives;
and
(B) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Banking, Housing, and
Urban Affairs, the Committee on the Judiciary, and the Select
Committee on Intelligence of the Senate.
(2) Latin america and the caribbean.--The terms ``Latin
America and the Caribbean'' and ``countries of Latin America
and the Caribbean'' mean the countries and non-United States
territories of South America, Central America, the Caribbean,
and Mexico.
SEC. 1247. SENSE OF CONGRESS ON TAIWAN DEFENSE RELATIONS.
It is the sense of Congress that--
(1) the Taiwan Relations Act (Public Law 96-8; 22 U.S.C.
3301 et seq.) and the Six Assurances provided by the United
States to Taiwan in July 1982 are the foundation for United
States-Taiwan relations;
(2) as set forth in the Taiwan Relations Act, the United
States decision to establish diplomatic relations with the
People's Republic of China rests upon the expectation that
the future of Taiwan will be determined by peaceful means,
and that any effort to determine the future of Taiwan by
other than peaceful means, including boycotts and embargoes,
is of grave concern to the United States;
(3) the increasingly coercive and aggressive behavior of
the People's Republic of China toward Taiwan is contrary to
the expectation of the peaceful resolution of the future of
Taiwan;
(4) as set forth in the Taiwan Relations Act, the capacity
to resist any resort to force or other forms of coercion that
would jeopardize the security, or the social or economic
system, of the people on Taiwan should be maintained;
(5) the United States should continue to support the
development of capable, ready, and modern defense forces
necessary for Taiwan to maintain a sufficient self-defense
capability, including by--
(A) supporting acquisition by Taiwan of defense articles
and services through foreign military sales, direct
commercial sales, and industrial cooperation, with an
emphasis on capabilities that support the asymmetric defense
strategy of Taiwan, including anti-ship, coastal defense,
anti-armor, air defense, undersea warfare, advanced command,
control, communications, computers, intelligence,
surveillance, and reconnaissance, and resilient command and
control capabilities;
(B) ensuring timely review of and response to requests of
Taiwan for defense articles and services;
(C) conducting practical training and military exercises
with Taiwan that enable Taiwan to maintain a sufficient self-
defense capability, as described in the Taiwan Relations Act;
(D) exchanges between defense officials and officers of the
United States and Taiwan at the strategic, policy, and
functional levels, consistent with the Taiwan Travel Act
(Public Law 115-135; 132 Stat. 341), especially for the
purposes of--
(i) enhancing cooperation on defense planning;
(ii) improving the interoperability of the military forces
of the United States and Taiwan; and
(iii) improving the reserve force of Taiwan;
(E) identifying improvements in Taiwan's ability to use
asymmetric military capabilities to enhance its defensive
capabilities, as described in the Taiwan Relations Act; and
(F) expanding cooperation in humanitarian assistance and
disaster relief; and
(6) the United States should be committed to the defense of
a free and open society in the face of aggressive efforts by
the Government of the People's Republic of China to curtail
or influence the free exercise of rights and democratic
franchise.
SEC. 1248. SENSE OF CONGRESS ON INVITING TAIWAN TO THE RIM OF
THE PACIFIC EXERCISE.
It is the sense of Congress that the naval forces of Taiwan
should be invited to participate in the Rim of the Pacific
exercise conducted in 2022.
SEC. 1249. SENSE OF CONGRESS ON ENHANCING DEFENSE AND
SECURITY COOPERATION WITH SINGAPORE.
It is the sense of Congress as follows:
(1) The United States and Singapore have built a strong,
enduring, and forward-looking strategic partnership based on
long-standing and mutually beneficial cooperation, including
through security, defense, economic, and people-to-people
ties.
(2) Robust security cooperation between the United States
and Singapore is crucial to promoting peace and stability in
the Indo-Pacific region.
(3) The status of Singapore as a ``Major Security
Cooperation Partner'' of the United States, as recognized in
the Strategic Framework Agreement between the United States
and the Republic of Singapore for a Closer Partnership in
Defense and Security, done at Washington, D.C. on July 12,
2005, plays an important role in the global network of
strategic partnerships, especially in promoting maritime
security and countering terrorism.
(4) The United States values Singapore's provision of
access to its military facilities, which supports the
continued security presence of the United States in Southeast
Asia and across the Indo-Pacific region.
(5) The United States should continue to welcome the
presence of the military forces of Singapore in the United
States for exercises and training, and should consider
opportunities to expand such activities at additional
locations in the United States as appropriate, including
through cooperation mechanisms such as the memorandum of
understanding agreed to by the
[[Page H4694]]
United States and Singapore in December 2019 to establish a
fighter jet training detachment in Guam.
(6) The United States should continue to strengthen all
aspects of the bilateral defense relationship with Singapore,
which benefitted from the signing of the 2015 enhanced
Defense Cooperation Agreement to expand cooperation in the
military, policy, strategic and technology spheres, as well
as cooperation in non-conventional security areas such as
piracy and transnational terrorism, humanitarian assistance
and disaster relief, cyber-security, and biosecurity.
(7) As the United States and Singapore have renewed the
1990 Memorandum of Understanding Regarding the United States
Use of Facilities in Singapore and mark the 55th anniversary
of bilateral relations in 2021, the United States should--
(A) continue to enhance defense and security cooperation
with Singapore to promote peace and stability in the Indo-
Pacific region based on common interests and shared values;
(B) reinforce the status of Singapore as a major security
cooperation partner of the United States; and
(C) explore additional steps to better facilitate
interoperability between the United States Armed Forces and
the military forces of Singapore to promote peace and
stability in the Indo-Pacific region.
SEC. 1250. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) South Korea continues to be a critical ally of the
United States;
(2) the presence of United States Armed Forces in South
Korea serves as a strong deterrent against North Korean
military aggression and as a critical support platform for
national security engagements in the Indo-Pacific region;
(3) the presence of approximately 28,500 members of the
United States Armed Forces deployed to South Korea serves not
only as a stabilizing force to the Korean peninsula but also
as a reassurance to all our allies in the region; and
(4) the United States should continue to--
(A) maintain and strengthen its bilateral relationship with
South Korea and with other regional allies such as Japan; and
(B) maintain its existing robust military presence in South
Korea to deter aggression against the United States and its
allies and partners.
SEC. 1251. SENSE OF CONGRESS WITH RESPECT TO QATAR.
It is the sense of Congress that--
(1) the United States and the country of Qatar have built a
strong, enduring, and forward-looking strategic partnership
based on long-standing and mutually beneficial cooperation,
including through security, defense, and economic ties;
(2) robust security cooperation between the United States
and Qatar is crucial to promoting peace and stability in the
Middle East region;
(3) Qatar plays a unique role as host of the forward
headquarters for the United States Central Command, and that
partnership facilitates United States coalition operations
countering terrorism;
(4) Qatar is a major security cooperation partner of the
United States, as recognized in the 2018 Strategic Dialogue
and the 2019 Memorandum of Understanding to expand Al Udeid
Air Base to improve and expand accommodation for United
States military personnel;
(5) the United States values Qatar's provision of access to
its military facilities and its management and financial
assistance in expanding the Al Udeid Air Base, which supports
the continued security presence of the United States in the
Middle East region; and
(6) the United States should continue to strengthen the
relationship between the United States and Qatar, including
through security and economic cooperation.
SEC. 1252. STATEMENT OF POLICY.
(a) In General.--It shall be the policy of the United
States to maintain the ability of the United States Armed
Forces to deny a fait accompli by a strategic competitor
against a covered defense partner.
(b) Definitions.--In this section:
(1) Covered defense partner.--The term ``covered defense
partner'' means a partner identified in the ``Department of
Defense Indo-Pacific Strategy Report'' issued on June 1,
2019, located within 100 miles off the coast of a strategic
competitor.
(2) Fait accompli.--The term ``fait accompli'' means the
strategy of a strategic competitor designed to allow such
strategic competitor to use military force to seize control
of a covered defense partner before the United States Armed
Forces are able to respond effectively.
(3) Strategic competitor.--The term ``strategic
competitor'' means a country labeled as a strategic
competitor in the ``Summary of the 2018 National Defense
Strategy of the United States of America: Sharpening the
American Military's Competitive Edge'' issued by the
Department of Defense pursuant to section 113 of title 10,
United States Code.
TITLE XIII--OTHER MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Matters Relating to Europe and NATO
SEC. 1301. REPORT ON THE STATE OF UNITED STATES MILITARY
INVESTMENT IN EUROPE INCLUDING THE EUROPEAN
DETERRENCE INITIATIVE.
Not later than February 25, 2022, the Secretary of Defense,
in coordination with the Commander of United States European
Command, shall submit to the congressional defense committees
a report assessing the current state of United States defense
investment in Europe, including the European Deterrence
Initiative. The report shall include the following elements:
(1) An assessment of the current progress made by the
Department of Defense toward achieving the goals of the
European Deterrence Initiative over its lifetime and a
description of the major changes in focus, resourcing, and
emphasis that have occurred over that lifetime.
(2) An assessment of the current state of United States
defense posture in Europe, including a comprehensive
assessment of the state of military mobility and the current
ability of the United States to rapidly manifest and transit
forces to Europe's eastern front in a crisis with a contested
logistics environment, and the corresponding levels and
timelines with respect to such ability.
(3) An assessment of United States defense logistics gaps
or risks such as bridging equipment and rail gauge
mitigations that would be exacerbated in a contingency.
(4) An assessment of the current state of United States
prepositioned stocks in Europe, including the current
timeline for their completion under the European Deterrence
Initiative.
(5) An assessment of the current state of United States
munitions in Europe, including their current levels, the
adequacy of those levels for United States needs in a
European contingency, and a description of the Department's
plan to bring those munitions stocks to adequate levels.
(6) An assessment of the current state of fuel availability
and supporting infrastructure in Europe and the adequacy of
those supplies for United States needs in a European
contingency.
(7) A description of the manner and extent to which United
States military investment planning in the European theater
incorporates assessments of relevant regulatory policies in
the European theater relating to installation energy and the
planning and design of military construction projects at
these installations.
(8) An assessment of the current state of United States
anti-submarine warfare assets, organization, and resources in
the European Command and Second Fleet areas of
responsibility, including--
(A) their sufficiency to counter Russian submarine threats;
and
(B) the sufficiency of United States sonobuoy stocks, anti-
submarine warfare platforms, and undersea sensing equipment.
(9) An assessment of the current state of the United States
naval presence in the European Command area of responsibility
and its ability to respond to challenges in the Black Sea,
Mediterranean, and Arctic, including a description of any
future plans regarding increased naval force structure
forward stationed in Europe by 2025.
(10) An assessment of the current state of United States
Air Force operational planning and resourcing in the European
theater, including the current state of prepositioned Air
Force equipment, activities, and relevant infrastructure.
(11) An assessment of the current state of United States
defense information warfare capabilities in the European
Command area of responsibility and any defense resources
required or defense policies needed to strengthen these
efforts.
(12) An assessment of the current state of United States
military capabilities for countering Russian aggression and
hybrid warfare in the European theater, including cyber
capabilities.
(13) An assessment of the current state of United States
military electromagnetic warfare capabilities in the European
theater.
(14) An assessment of the current state of United States
military sea- and airlift capabilities to support contingency
operations in the European theater.
(15) An assessment of all purchases, investments, and
expenditures made by any Armed Force under the jurisdiction
of the Secretary of a military department and funded by the
European Deterrence Initiative, since its inception, that
have been diverted for purposes or uses other than the
objectives of the European Deterrence Initiative, including a
list of all purchases, investments, and expenditures that
have been funded under the European Deterrence Initiative
since its inception that were not ultimately employed for the
purposes of the initiative and their respective dollar
values.
(16) An assessment of the current state of European
Deterrence Initiative military construction efforts in
Europe.
(17) An analysis of the impact that deferred military
construction efforts authorized under section 2808 of title
10, United States Code, have had on the European Deterrence
Initiative, including--
(A) impacts on timelines to establish a deterrence platform
in Europe;
(B) implications for deterrence capabilities in Europe; and
(C) a description of the Department of Defense's plan to
address these impacts including its intended final
disposition for the impacted military construction projects.
(18) A description of the current status of the European
Infrastructure Consolidation program, including a list of all
divestments completed under the program after January 1,
2016, and all currently contemplated divestments under the
program.
(19) Any other information that the Secretary of Defense
determines relevant.
SEC. 1302. SENSE OF CONGRESS ON UNITED STATES DEFENSE POSTURE
IN EUROPE.
It is the sense of Congress as follows:
(1) The United States is steadfastly committed to upholding
and strengthening its defense alliances and partnerships in
the European theater. The North Atlantic Treaty Organization
(NATO) alliance is the bedrock of these relationships, which
are central to deterring Russian aggression, upholding
territorial integrity and sovereignty in Europe, countering
malign efforts to undermine the rules-based international
order and disrupt shared values, fostering international
cooperation against collective challenges, and advancing
shared national security objectives worldwide.
[[Page H4695]]
(2) United States allies in Europe have made substantial
strides on responsibility-sharing and defense investment
since the Wales Declaration in 2014 and should be commended
for their ongoing efforts to increase complementary
investments in NATO deterrence capacity. These efforts have
provided an accumulated increase of more than
$130,000,000,000 in foreign investments between 2016 and 2020
to strengthen trans-Atlantic security, and it is essential
that the United States continue to press NATO allies to
achieve their Wales Summit pledges and continue to make
progress on greater complementary defense investments.
(3) The behavior of the Russian Government has not improved
and has, in many aspects, become increasingly belligerent
since the invasion of Ukraine in 2014, with respect to--
(A) military efforts to disrupt the territorial integrity
of sovereign countries in Europe;
(B) threats against the United States, NATO, and other
United States partners;
(C) intervention in allied democratic processes;
(D) efforts to disrupt United States alliances,
partnerships, and values;
(E) acts such as assassination and the use of chemical
weapons on the territory of other sovereign countries; and
(F) other high-risk, disruptive efforts.
(4) Continued commitment to enhancing the United States and
allied force posture in Europe is indispensable for efforts
to establish and sustain a credible deterrent against Russian
aggression and long-term strategic competition by the Russian
government. The Secretary of Defense must continue to--
(A) support the European Deterrence Initiative and other
investments in a strengthened United States and allied force
posture in Europe;
(B) support rotational deployments and robust exercises in
the European theater;
(C) complete efforts to establish prepositioned stocks and
effective staging infrastructure to maintain credible
deterrence against Russian threats;
(D) invest effectively in multi-service, cyber,
information, and air defense efforts to counter modern
military challenges, enhance the survivability and
flexibility of the United States force posture, logistics,
and planning; and
(E) consider whether additional forward-positioned forces
in Europe would reduce cost and strain, enhance credibility,
and strengthen capabilities.
SEC. 1303. SENSE OF CONGRESS ON SECURITY ASSISTANCE TO THE
BALTIC COUNTRIES.
(a) Findings.--Congress finds the following:
(1) The United States has cumulatively allocated over
$498,965,000 in Department of Defense partner capacity
funding for the Baltic countries since fiscal year 2018,
including over $219,000,000 for the Baltic security efforts
known as the ``Baltic Security Initiative'', executed using
sections 332 and 333 of title 10, United States Code,
including assistance with respect to air defense, maritime
situational awareness, ammunition, C4ISR, anti-tank
capability, special forces, and other defense capabilities.
(2) The Secretary of Defense has completed the
comprehensive Baltic Defense Assessment required by section
1246 of the National Defense Authorization Act for Fiscal
Year 2020 and has recommended continued robust, comprehensive
investment Baltic security efforts in accordance with that
assessment, with assistance executed using such sections 332
and 333.
(3) The Secretary of Defense has assessed that the
authority granted by such sections 332 and 333 affords the
most efficient and effective authority to provide this
assistance to the Baltic countries, and that attempting to
provide the assistance pursuant to alternate authorities
would hamper the Department's ability to deliver assistance
and implement the investment program established by the
Baltic Defense Assessment.
(b) Sense of Congress.--Congress strongly supports the
robust assistance to accomplish United States strategic
objectives in accordance with sections 332 and 333 of title
10, United States Code, including by providing assistance to
the Baltic countries using those sections, funded by the
Baltic Security Initiative. It is the sense of Congress that
the security of the Baltic region is crucial to the security
of the NATO alliance and these efforts are critical to ensure
continued deterrence against Russian aggression and bolster
allied security.
Subtitle B--Security Cooperation and Assistance
SEC. 1311. EXTENSION OF AUTHORITY FOR CERTAIN PAYMENTS TO
REDRESS INJURY AND LOSS.
Section 1213(a) of the National Defense Authorization Act
for Fiscal Year 2020 (10 U.S.C. 2731 note) is amended by
striking ``December 31, 2022'' and inserting ``December 31,
2023''.
SEC. 1312. FOREIGN AREA OFFICER ASSESSMENT AND REVIEW.
(a) Findings.--Congress finds the following:
(1) Foreign Area Officers of the Army and their equivalent
positions in the other Armed Forces (in this section referred
to as ``FAOs'') are trained to manage, grow, and enhance
security cooperation relationships between the United States
and foreign partners and to build the overall military
capacity and capabilities of foreign partners.
(2) At present, some senior defense official positions in
United States embassies are filled by officers lacking the
necessary skills, training, and experience to strengthen the
relationships between the United States and its critical
partners and allies.
(3) FAOs are trained to fill those positions, and
deficiencies in the equitable use, assessment, promotion,
diversity and inclusion of such officers, as well as
limitations on career opportunities, undermine the ability of
the Department of Defense to strengthen partnerships and
alliances of the United States.
(4) A federally funded research and development center can
provide a roadmap to correcting these deficiencies,
strengthening the FAO branch, and placing qualified FAOs in
positions of positive influence over United States
partnerships and alliances.
(b) Assessment and Review Required.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
enter into an agreement with a federally funded research and
development center to conduct an independent assessment and
comprehensive review of the process by which Foreign Area
Officers and their equivalent positions in the other Armed
Forces (in this section referred to as ``FAOs'') are
recruited, selected, trained, assigned, organized, promoted,
retained, and used in security cooperation offices, senior
defense roles in U.S. embassies, and in other critical roles
of engagement with allies and partners.
(2) Elements.--The assessment and review conducted under
paragraph (1) shall include the following:
(A) Identification and assessment of the number and
location of senior defense official billets, including their
grade structure and availability to FAOs.
(B) A review of the cultural, racial, and ethnic diversity
of FAOs.
(C) An assessment of the assignment process for FAOs.
(D) A review and assessment of the promotion criteria,
process, and possible pathways for career advancement for
FAOs.
(E) A review of the organization and categorization of FAOs
by geographic region.
(F) An assessment of the training program for FAOs and its
effectiveness.
(G) An assessment of the available career paths for FAOs.
(H) An assessment of the criteria used to determine
staffing requirements for senior defense official positions
and security cooperation roles for uniformed officers.
(I) A review of the staffing of senior defense official and
security cooperation roles and assessment to determine
whether requirements are being met through the staffing
process.
(J) An assessment of how the broader utilization of FAOs in
key security cooperation and embassy defense leadership
billets would improve the quality and professionalism of the
security cooperation workforce under section 384 of title 10,
United States Code.
(K) A review of how many FAO opportunities are joint-
qualifying and an assessment of whether increasing the number
of joint-qualified opportunities for FAOs would increase
recruitment, retention, and promotion.
(L) Any other matters the Secretary determines relevant.
(c) Results.--The federally funded research and development
center conducting the assessment and review described in
subsection (b) shall submit to the Secretary the results of
such assessment and review, which shall include the
following:
(1) A summary of the research and activities undertaken to
carry out the assessment required by subsection (b).
(2) Considerations and recommendations, including
legislative recommendations, to achieve the following:
(A) Improving the assessment, promotion, assignment
selection, retention, and diversity of FAOs.
(B) Assigning additional FAOs to positions as senior
defense officials.
(d) Submission to Congress.--
(1) In general.--Not later than December 31, 2022, the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives--
(A) an unaltered copy of the results submitted pursuant to
subsection (c); and
(B) the written responses of the Secretary and the Chairman
of the Joint Chiefs of Staff to such results.
(2) Form.--The submission under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1313. WOMEN, PEACE, AND SECURITY ACT IMPLEMENTATION AT
MILITARY SERVICE ACADEMIES.
(a) Sense of Congress.--It is the sense of Congress that
$15,000,000 should annually be made available for activities
that are--
(1) consistent with the Women, Peace, and Security Act of
2017 (Public Law 115-68; 131 Stat. 1202) and this section;
and
(2) in furtherance of the national security priorities of
the United States.
(b) Professional Military Education.--The Secretary of
Defense shall carry out activities consistent with the Women,
Peace, and Security Act of 2017 and with this section,
including by ensuring that professional military education
curriculum addresses--
(1) gender analysis;
(2) the meaningful participation of women in national
security activities; and
(3) the relationship between such participation and
security outcomes.
(c) Building United States Capacity.--
(1) Military service academies.--The Secretary of Defense
shall encourage the admission of diverse individuals
(including individuals who are women) to each military
service academy, including by--
(A) establishing programs that hold commanding officers
accountable for removing biases with respect to such
individuals;
(B) ensuring that each military service academy fosters a
zero tolerance environment for harassment towards such
individuals; and
(C) ensuring that each military service academy fosters
equal opportunities for growth that enable the full
participation of such individuals in all training programs,
career tracks, and elements of the Department, especially in
elements
[[Page H4696]]
of the Armed Forces previously closed to women, such as
infantry and special operations forces.
(2) Partnerships with schools and nonprofit
organizations.--The Secretary of Defense shall seek to enter
into partnerships with elementary schools, secondary schools,
postsecondary educational institutions, and nonprofit
organizations, to support activities relating to the
implementation of the Women, Peace, and Security Act of 2017.
(3) Briefing.--Not later than one year after the date of
the enactment of this Act, the Director of the Defense
Security Cooperation Agency shall provide to the appropriate
committees of Congress a briefing on efforts made at all
levels to build partner defense institution and security
force capacity pursuant to this section.
(4) Definitions.--In this subsection:
(A) The term ``appropriate committees of Congress''
includes--
(i) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(ii) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Commerce, Science,
and Transportation of the Senate.
(B) The terms ``elementary school'' and ``secondary
school'' have the meanings given those terms in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(C) The term ``military service academy'' means the
following:
(i) The United States Military Academy.
(ii) The United States Naval Academy.
(iii) The United States Air Force Academy.
(iv) The United States Coast Guard Academy.
(D) The term ``postsecondary educational institution'' has
the meaning given that term in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).
Subtitle C--Other Matters
SEC. 1321. EXTENSION OF AUTHORITY FOR DEPARTMENT OF DEFENSE
SUPPORT FOR STABILIZATION ACTIVITIES IN
NATIONAL SECURITY INTEREST OF THE UNITED
STATES.
Section 1210A(h) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1626) is
amended by striking ``December 31, 2021'' and inserting
``December 31, 2022''.
SEC. 1322. NOTIFICATION RELATING TO OVERSEAS HUMANITARIAN,
DISASTER, AND CIVIC AID FUNDS OBLIGATED IN
SUPPORT OF OPERATION ALLIES REFUGE.
Not later than 30 days after the date on which more than
$100,000,000 of the amounts authorized to be appropriated by
the Act for overseas humanitarian, disaster, and civic aid
are obligated for expenses in support of Operation Allies
Refuge, and every 90 days thereafter until all such funds are
obligated for Operation Allies Refuge, the Secretary of
Defense shall submit to the congressional defense committees
a notification that includes--
(1) the costs associated with the provision of
transportation, housing, medical services, and other
sustainment expenses for Afghan special immigrant visa
applicants and other Afghans at risk; and
(2) whether funds were obligated under a reimbursable or
non-reimbursable basis.
SEC. 1323. LIMITATION ON USE OF FUNDS FOR THE 2022 OLYMPIC
AND PARALYMPIC WINTER GAMES IN CHINA.
(a) Limitation.--None of the funds authorized to be
appropriated or otherwise made available by this Act may be
made available to provide transportation for any United
States officer or official to attend, on official government
business, the 2022 Olympic and Paralympic Winter Games in the
People's Republic of China.
(b) Rule of Construction.--Nothing in this section may be
construed to limit the authorization of appropriations to
provide security during the 2022 Olympic and Paralympic
Winter Games to any United States athlete or associated
support staff of the United States Olympic and Paralympic
Committee.
SEC. 1324. REPORT ON HOSTILITIES INVOLVING UNITED STATES
ARMED FORCES.
(a) In General.--The President shall report to the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives not later than 48 hours after
any incident in which the United States Armed Forces are
involved in an attack or hostilities, whether in an offensive
or defensive capacity, unless the President--
(1) otherwise reports the incident within 48 hours pursuant
to section 4 of the War Powers Resolution (50 U.S.C. 1543);
or
(2) has determined prior to the incident, and so reported
pursuant to section 1264 of the National Defense
Authorization Act for Fiscal Year 2018 (50 U.S.C. 1549), that
the United States Armed Forces involved in the incident would
be operating under specific statutory authorization within
the meaning of section 5(b) of the War Powers Resolution (50
U.S.C. 1544(b)).
(b) Matters to Be Included.--Each report required by
subsection (a) shall include--
(1) the statutory and operational authorities under which
the United States Armed Forces were operating, including any
relevant executive orders and an identification of the
operational activities authorized under such executive
orders;
(2) the date, location, duration, and other parties
involved;
(3) a description of the United States Armed Forces
involved and the mission of such Armed Forces;
(4) the numbers of any combatant casualties and civilian
casualties; and
(5) any other information the President determines
appropriate.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2022 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds, as
specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2022 for expenses, not otherwise provided
for, for Chemical Agents and Munitions Destruction, Defense,
as specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2022 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, as specified in the funding
table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2022 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, as specified in the
funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal
year 2022 for the Defense Health Program for use of the Armed
Forces and other activities and agencies of the Department of
Defense for providing for the health of eligible
beneficiaries, as specified in the funding table in section
4501.
Subtitle B--Other Matters
SEC. 1411. ACQUISITION OF STRATEGIC AND CRITICAL MATERIALS
FROM THE NATIONAL TECHNOLOGY AND INDUSTRIAL
BASE.
The Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98 et seq.) is amended--
(1) in section 6(b)(2), by inserting ``to consult with
producers and processors of such materials'' before ``to
avoid'';
(2) in section 12, by adding at the end the following new
paragraph:
``(3) The term `national technology and industrial base'
has the meaning given in section 2500 of title 10, United
States Code.''; and
(3) in section 15(a)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) if domestic sources are unavailable to meet the
requirements defined in paragraphs (1) through (4), by making
efforts to prioritize the purchase of strategic and critical
materials from the national technology and industrial
base.''.
SEC. 1412. 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.
(a) Authority for Transfer of Funds.--Of the funds
authorized to be appropriated for section 1405 and available
for the Defense Health Program for operation and maintenance,
$137,000,000 may be transferred by the Secretary of Defense
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund established by
subsection (a)(1) of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2571). For purposes of subsection (a)(2) of such
section 1704, any funds so transferred shall be treated as
amounts authorized and appropriated specifically for the
purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of
subsection (b) of such section 1704, facility operations for
which funds transferred under subsection (a) may be used are
operations of the Captain James A. Lovell Federal Health Care
Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal
medical facility under an operational agreement covered by
section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4500).
SEC. 1413. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2022 from the Armed Forces Retirement Home Trust Fund
the sum of $75,300,000 for the operation of the Armed Forces
Retirement Home.
[[Page H4697]]
TITLE XV--CYBERSPACE-RELATED MATTERS
Subtitle A--Cyber Threats
SEC. 1501. CYBER THREAT INFORMATION COLLABORATION
ENVIRONMENT.
(a) In General.--In consultation with the Cyber Threat Data
Standards and Interoperability Council established pursuant
to subsection (d), the Secretary of Homeland Security, in
coordination with the Secretary of Defense and the Director
of National Intelligence (acting through the Director of the
National Security Agency), shall develop an information
collaboration environment and associated analytic tools that
enable entities to identify, mitigate, and prevent malicious
cyber activity to--
(1) provide limited access to appropriate and operationally
relevant data from unclassified and classified intelligence
about cybersecurity risks and cybersecurity threats, as well
as malware forensics and data from network sensor programs,
on a platform that enables query and analysis;
(2) enable cross-correlation of data on cybersecurity risks
and cybersecurity threats at the speed and scale necessary
for rapid detection and identification;
(3) facilitate a comprehensive understanding of
cybersecurity risks and cybersecurity threats; and
(4) facilitate collaborative analysis between the Federal
Government and private sector critical infrastructure
entities and information and analysis organizations.
(b) Implementation of Information Collaboration
Environment.--
(1) Evaluation.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, acting through the Director of the Cybersecurity
and Infrastructure Security Agency of the Department of
Homeland Security, in coordination with the Secretary of
Defense and the Director of National Intelligence (acting
through the Director of the National Security Agency),
shall--
(A) identify, inventory, and evaluate existing Federal
sources of classified and unclassified information on
cybersecurity threats;
(B) evaluate current programs, applications, or platforms
intended to detect, identify, analyze, and monitor
cybersecurity risks and cybersecurity threats; and
(C) coordinate with private sector critical infrastructure
entities and, as determined appropriate by the Secretary of
Homeland Security, in consultation with the Secretary of
Defense, other private sector entities, to identify private
sector cyber threat capabilities, needs, and gaps.
(2) Implementation.--Not later than one year after the
evaluation required under paragraph (1), the Secretary of
Homeland Security, acting through the Director of the
Cybersecurity and Infrastructure Security Agency, in
coordination with the Secretary of Defense and the Director
of National Intelligence (acting through the Director of the
National Security Agency), shall begin implementation of the
information collaboration environment developed pursuant to
subsection (a) to enable participants in such environment to
develop and run analytic tools referred to in such subsection
on specified data sets for the purpose of identifying,
mitigating, and preventing malicious cyber activity that is a
threat to government and critical infrastructure. Such
environment and use of such tools shall--
(A) operate in a manner consistent with relevant privacy,
civil rights, and civil liberties policies and protections,
including such policies and protections established pursuant
to section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485);
(B) account for appropriate data standards and
interoperability requirements, consistent with the standards
set forth in subsection (d);
(C) enable integration of current applications, platforms,
data, and information, including classified information, in a
manner that supports integration of unclassified and
classified information on cybersecurity risks and
cybersecurity threats;
(D) incorporate tools to manage access to classified and
unclassified data, as appropriate;
(E) ensure accessibility by entities the Secretary of
Homeland Security, in consultation with the Secretary of
Defense and the Director of National Intelligence (acting
through the Director of the National Security Agency),
determines appropriate;
(F) allow for access by critical infrastructure
stakeholders and other private sector partners, at the
discretion of the Secretary of Homeland Security, in
consultation with the Secretary of Defense;
(G) deploy analytic tools across classification levels to
leverage all relevant data sets, as appropriate;
(H) identify tools and analytical software that can be
applied and shared to manipulate, transform, and display data
and other identified needs; and
(I) anticipate the integration of new technologies and data
streams, including data from government-sponsored network
sensors or network-monitoring programs deployed in support of
State, local, Tribal, and territorial governments or private
sector entities.
(c) Post-deployment Assessment.--Not later than two years
after the implementation of the information collaboration
environment under subsection (b), the Secretary of Homeland
Security, the Secretary of Defense, and the Director of
National Intelligence (acting through the Director of the
National Security Agency) shall jointly submit to Congress an
assessment of whether to include additional entities,
including critical infrastructure information sharing and
analysis organizations, in such environment.
(d) Cyber Threat Data Standards and Interoperability
Council.--
(1) Establishment.--There is established an interagency
council, to be known as the ``Cyber Threat Data Standards and
Interoperability Council'' (in this subsection referred to as
the ``council''), chaired by the Secretary of Homeland
Security, to establish data standards and requirements for
public and private sector entities to participate in the
information collaboration environment developed pursuant to
subsection (a).
(2) Other membership.--
(A) Principal members.--In addition to the Secretary of
Homeland Security, the council shall be composed of the
Director of the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security, the Secretary
of Defense, and the Director of National Intelligence (acting
through the Director of the National Security Agency).
(B) Additional members.--The President shall identify and
appoint council members from public and private sector
entities who oversee programs that generate, collect, or
disseminate data or information related to the detection,
identification, analysis, and monitoring of cybersecuity
risks and cybersecurity threats, based on recommendations
submitted by the Secretary of Homeland Security, the
Secretary of Defense, and the Director of National
Intelligence (acting through the Director of the National
Security Agency).
(3) Data streams.--The council shall identify, designate,
and periodically update programs that shall participate in or
be interoperable with the information collaboration
environment developed pursuant to subsection (a), which may
include the following:
(A) Network-monitoring and intrusion detection programs.
(B) Cyber threat indicator sharing programs.
(C) Certain government-sponsored network sensors or
network-monitoring programs.
(C) Incident response and cybersecurity technical
assistance programs.
(D) Malware forensics and reverse-engineering programs.
(4) Data governance.--The council shall establish a
committee comprised of the privacy officers of the Department
of Homeland Security, the Department of Defense, and the
National Security Agency. Such committee shall establish
procedures and data governance structures, as necessary, to
protect sensitive data, comply with Federal regulations and
statutes, and respect existing consent agreements with
private sector critical infrastructure entities that apply to
critical infrastructure information.
(5) Recommendations.--The council shall, as appropriate,
submit recommendations to the President to support the
operation, adaptation, and security of the information
collaboration environment developed pursuant to subsection
(a).
(e) Definitions.--In this section:
(1) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in section
1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).
(2) Critical infrastructure information.--The term
``critical infrastructure information'' has the meaning given
such term in section 2222 of the Homeland Security Act of
2002 (6 U.S.C. 671).
(3) Cyber threat indicator.--The term ``cyber threat
indicator'' has the meaning given such term in section 102(6)
of the Cybersecurity Act of 2015 (enacted as division N of
the Consolidated Appropriations Act, 2016 (Public Law 114-
113; 6 U.S.C. 1501(6))).
(4) Cybersecurity risk.--The term ``cybersecurity risk''
has the meaning given such term in section 2209 of the
Homeland Security Act of 2002 (6 U.S.C. 659).
(5) Cybersecurity threat.--The term ``cybersecurity
threat'' has the meaning given such term in section 102(5) of
the Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501(5))).
(6) Information sharing and analysis organization.--The
term ``information sharing and analysis organization'' has
the meaning given such term in section 2222 of the Homeland
Security Act of 2002 (6 U.S.C. 671).
SEC. 1502. ENTERPRISE-WIDE PROCUREMENT OF COMMERCIAL CYBER
THREAT INFORMATION PRODUCTS.
(a) Program.--No later than one year after the date of the
enactment of this Act, the Secretary of Defense, acting
through the Commander of Joint Force Headquarters-Department
of Defense information products Network, shall establish a
program management office for the enterprise-wide procurement
of commercial cyber threat information products. The program
manager of such program shall be responsible for the
following:
(1) Surveying components of the Department for the
commercial cyber threat information product needs of such
components.
(2) Conducting market research of commercial cyber threat
information products.
(3) Developing requirements, both independently and through
consultation with components, for the acquisition of
commercial cyber threat information products.
(4) Developing and instituting model contract language for
the acquisition of commercial cyber threat information
products, including contract language that facilitates
Department of Defense components' requirements for ingesting,
sharing, using and reusing, structuring, and analyzing data
derived from such products.
(5) Conducting procurement of commercial cyber threat
information products on behalf of the Department of Defense,
including negotiating contracts with a fixed number of
licenses based on aggregate component demand and negotiation
of extensible contracts.
(b) Coordination.--In implementing this section, each
component of the Department of Defense shall coordinate the
commercial cyber threat information product requirements and
potential procurement plans relating to such
[[Page H4698]]
products of each such component with the program management
office established pursuant to subsection (a) so as to enable
the program management office to determine if satisfying such
requirements or such procurement of such products on an
enterprise-wide basis would serve the best interests of the
Department.
(c) Prohibition.--Beginning not later than 540 days after
the date of the enactment of this Act, no component of the
Department of Defense may independently procure a commercial
cyber threat information product that has been procured by
the program management office established pursuant to
subsection (a), unless--
(1) such component is able to procure such product at a
lower per-unit price than that available through the program
management office; or
(2) the program management office has approved such
independent purchase.
(d) Exception.--The requirements of subsections (b) and (c)
shall not apply to the National Security Agency.
(e) Definition.--In this section, the term ``commercial
cyber threat information products'' refers to commercially-
available data and indicators that facilitate discovery and
understanding of the targets, infrastructure, tools, and
tactics, techniques, and procedures of cyber threats.
Subtitle B--Cyber Systems and Operations
SEC. 1511. LEGACY INFORMATION TECHNOLOGIES AND SYSTEMS
ACCOUNTABILITY.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Secretaries of the Army, Navy,
and Air Force shall each initiate efforts to identify legacy
applications, software, and information technology within
their respective Departments.
(b) Specifications.--To carry out subsection (a), that
Secretaries of the Army, Navy, and Air Force shall each
document the following:
(1) An identification of the applications, software, and
information technologies that are considered active or
operational, but which are judged to no longer be required by
the respective Department.
(2) Information relating to the sources of funding for the
applications, software, and information technologies
identified under paragraph (1).
(3) An identification of the senior official responsible
for each application, software, and information technology
identified under paragraph (1).
(4) A plan to discontinue use and funding for each item
application, software, and information technology identified
under paragraph (1).
(c) Exemption.--Any effort substantially similar to that
described in subsection (a) that is being carried out by the
Secretary of the Army, Navy, or Air Force as of the date of
the enactment of this Act and completed not later 180 days
after such date shall be treated as satisfying the
requirement under such subsection.
(d) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretaries of the Army, Navy, and
Air Force shall each submit to the congressional defense
committees the documentation required under subsection (b).
SEC. 1512. UPDATE RELATING TO RESPONSIBILITIES OF CHIEF
INFORMATION OFFICER.
Paragraph (1) of section 142(b) of title 10, United States
Code, is amended--
(1) in subparagraphs (A), (B), and (C), by striking
``(other than with respect to business management)'' each
place it appears; and
(2) by amending subparagraph (D) to read as follows:
``(D) exercises authority, direction, and control over the
Cybersecurity Directorate, or any successor organization, of
the National Security Agency;''.
SEC. 1513. PROTECTIVE DOMAIN NAME SYSTEM WITHIN THE
DEPARTMENT OF DEFENSE.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall ensure each
component of the Department of Defense uses a Protective
Domain Name System (PDNS) instantiation offered by the
Department.
(b) Exemptions.--The Secretary of Defense may exempt a
component of the Department from using a PDNS instantiation
for any reason except for cost or technical application.
(c) Report to Congress.--Not later than 150 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
that includes information relating to--
(1) each component of the Department that uses a PDNS
instantiation offered by the Department;
(2) each component exempt from using a PDNS instantiation
pursuant to subsection (b); and
(3) efforts to ensure that the PDNS instantiation offered
by the Department connect and share relevant and timely data.
Subtitle C--Cyber Weapons
SEC. 1521. NOTIFICATION REQUIREMENTS REGARDING CYBER WEAPONS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the Department of Defense's compliance responsibilities
regarding cyber capabilities. Such report shall also include
the Department's definition of ``cyber capability'' that
includes all software, hardware, middleware, code, and other
information technology developed using amounts from the
Cyberspace Activities Budget of the Department of Defense
that may used in operations authorized under title 10, United
States Code.
(b) Limitation.--Of amounts authorized to be appropriated
by this Act or otherwise made available for fiscal year 2022
for operations and maintenance, Defense-Wide, for the Office
of the Secretary of Defense for travel, not more than 75
percent of such amounts may be obligated or expended until
the Secretary of Defense has submitted to the congressional
defense committees the report required under subsection (a).
SEC. 1522. CYBERSECURITY OF WEAPON SYSTEMS.
Section 1640 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2224 note), is
amended--
(1) in subsection (c)(1), by adding at the end the
following new subparagraphs:
``(E) Nuclear Command, Control, and Communications (NC3).
``(F) Senior Leadership Enterprise.''; and
(2) by adding at the end the following new subsection:
``(f) Biannual Reports.--Not later than June 30, 2022, and
every six months thereafter through 2023, the Secretary of
Defense shall provide to the congressional defense committees
a report on the work of the Program, including information
relating to staffing and accomplishments of during the
immediately preceding six-month period.''.
Subtitle D--Other Cyber Matters
SEC. 1531. FEASIBILITY STUDY REGARDING ESTABLISHMENT WITHIN
THE DEPARTMENT OF DEFENSE A DESIGNATED CENTRAL
PROGRAM OFFICE, HEADED BY A SENIOR DEPARTMENT
OFFICIAL, RESPONSIBLE FOR OVERSEEING ALL
ACADEMIC ENGAGEMENT PROGRAMS FOCUSING ON
CREATING CYBER TALENT ACROSS THE DEPARTMENT.
(a) In General.--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 a feasibility
study regarding the establishment within the Department of
Defense of a designated central program office, headed by a
senior Department official, responsible for overseeing all
academic engagement programs focusing on creating cyber
talent across the Department. Such study shall examine the
following:
(1) The manner in or through which such a designated
central program office would obligate and expend amounts
relating to cyber education initiatives.
(2) The manner in or through which such a designated
central program office would interact with the consortium or
consortia of universities (established pursuant to section
1659 of the National Defense Authorization Act for Fiscal
Year 2020 (10 U.S.C. 391 note)) to assist the Secretary on
cybersecurity matters.
(3) The reasons why cyber has unique programs apart from
other science, technology, engineering, and math programs.
(4) Whether the creation of the designated central program
office will have an estimated net savings for the Department.
(b) Consultation.--In conducting the feasibility study
required under subsection (a), the Secretary of Defense shall
consult with and solicit recommendations from academic
institutions and stakeholders. including primary, secondary,
and post-secondary educational institutions.
(c) Determination.--
(1) In general.--Upon completion of the feasibility study
required under subsection (a), the Secretary of Defense shall
make a determination regarding the establishment within the
Department of Defense of a designated central program office
responsible for each covered academic engagement program
across the Department.
(2) Implementation.--If the Secretary of Defense makes a
determination under paragraph (1) in the affirmative, the
Secretary shall establish within the Department of Defense a
designated central program office responsible for each
covered academic enrichment program across the Department.
Not later than 180 days after such a determination in the
affirmative, the Secretary shall promulgate such rules and
regulations as are necessary to so establish such an office.
(3) Negative determination.--If the Secretary determines
not to establish a designated central program office under
subsection (a), the Secretary shall submit to Congress notice
of such determination together with a justification for the
determination.
(d) Comprehensive Report.--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
a comprehensive report that updates the matters required for
inclusion in the reports required pursuant to section 1649 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92) and section 1726(c) of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283).
(e) Definition.--In this section, the term ``covered
academic engagement program'' means each of the following:
(1) Any primary, secondary, or post-secondary education
program.
(2) Any recruitment or retention program.
(3) Any scholarship program.
(4) Any academic partnerships.
(5) Any general enrichment program.
SEC. 1532. PROHIBITION ON CHIEF INFORMATION OFFICER OF THE
DEPARTMENT OF DEFENSE SERVING AS PRINCIPAL
CYBER ADVISOR OF THE DEPARTMENT.
Section 932(c)(1) of the National Defense Authorization Act
for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2224 note)
is amended by inserting after ``civilian officials of the
Department of Defense'' the following: ``(other than the
Chief Information Officer of the Department)''.
[[Page H4699]]
TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE
MATTERS
Subtitle A--Space Activities
SEC. 1601. IMPROVEMENTS TO TACTICALLY RESPONSIVE SPACE LAUNCH
PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Space Force, in collaboration with the United
States Space Command, the military departments, relevant
Defense Agencies and, where practicable, the National
Reconnaissance Office, should continue to build on the
successful Space Safari tactically responsive launch-2
mission of the Space Force, which was a pathfinder to inform
concepts of operation regarding tactically responsive
launches; and
(2) future efforts regarding tactically responsive launches
should not be limited to only launch capabilities, but should
also include all aspects that are needed for rapid
reconstitution and responsiveness to urgent requirements with
respect to satellite buses, payloads, operations, and ground
infrastructure.
(b) Program.--Section 1609 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) is amended--
(1) by striking ``The Secretary'' and inserting ``(a)
Program.--The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Support.--
``(1) Elements.--The Secretary of Defense, in consultation
with the Director of National Intelligence, shall support the
tactically responsive launch program under subsection (a)
during the period covered by the future-years defense program
submitted to Congress under section 221 of title 10, United
States Code, in 2022 to ensure that the program addresses the
following:
``(A) The ability to rapidly place on-orbit systems to
respond to urgent needs of the commanders of the combatant
commands or to reconstitute space assets and capabilities to
support national security priorities if such assets and
capabilities are degraded, attacked, or otherwise impaired,
including such assets and capabilities relating to protected
communications and intelligence, surveillance, and
reconnaissance.
``(B) The entire launch process, including with respect to
launch services, satellite bus and payload availability, and
operations and sustainment on-orbit.
``(2) Plan.--As a part of the defense budget materials (as
defined in section 239 of title 10, United States Code) for
fiscal year 2023, the Secretary of Defense, in consultation
with the Director of National Intelligence, shall submit to
Congress a plan for the tactically responsive launch program
to address the elements under paragraph (1). Such plan shall
include the following:
``(A) Lessons learned from the Space Safari tactically
responsive launch-2 mission of the Space Force, and how to
incorporate such lessons into future efforts regarding
tactically responsive launches.
``(B) How to achieve responsive acquisition timelines
within the adaptive acquisition framework for space
acquisition pursuant to section 807.
``(C) Plans to address supply chain issues and leverage
commercial capabilities to support future reconstitution and
urgent space requirements leveraging the tactically
responsive launch program under subsection (a).''.
SEC. 1602. NATIONAL SECURITY SPACE LAUNCH PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense and the National
Reconnaissance Office should, to the extent practicable, use
launch services under a phase two contract of the National
Security Space Launch program; and
(2) for missions that fall outside of the requirements of
phase two of the National Security Space Launch program, the
Department of Defense and the National Reconnaissance Office
should continue to leverage the growing launch provider base
of the United States, including those companies that provide
smaller and ride-share launch capabilities, to incentivize
sustained investment in domestic launch capabilities.
(b) Policy.--With respect to entering into contracts for
launch services during the period beginning on the date of
the enactment of this Act and ending September 30, 2024, it
shall be the policy of the Department of Defense and the
National Reconnaissance Office to--
(1) use the National Security Space Launch program to the
extent practicable to procure launch services that are met
under the requirements of phase two; and
(2) maximize continuous competition for launch services as
the Space Force initiates planning for phase three,
specifically for those technology areas that are unique to
existing and emerging national security requirements.
(c) Notification.--If the Secretary of Defense or the
Director of the National Reconnaissance Office determines
that a program requiring launch services that could be met
using phase two contracts will instead use an alternative
launch procurement approach, not later than seven days after
the date of such determination, the Secretary of Defense or,
as appropriate, the Director of National Intelligence, shall
submit to the appropriate congressional committees--
(1) a notification of such determination;
(2) a certification that the alternative launch procurement
approach is in the national security interest of the United
States; and
(3) an outline of the cost analysis and any other rationale
for such determination.
(d) Report.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Chief of Space Operations and the
Director of the Space Development Agency, and in consultation
with the Director of National Intelligence (including with
respect to the views of the Director of the National
Reconnaissance Office), shall submit to the appropriate
congressional committees a report on the plans of the
Secretary to address, with respect to launches that would be
procured in addition to or outside of launches under phase
two, the emerging launch requirements in the areas of space
access, mobility, and logistics that cannot be met by phase
two capabilities, as of the date of the report.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) An examination of the benefits of competing up to two
launches per year outside of phase two to accelerate the
rapid development and on-orbit deployment of enabling and
transformational technologies required to address emerging
requirements, including with respect to--
(i) delivery of in-space transportation, logistics and on-
orbit servicing capabilities to enhance the persistence,
sensitivity, and resiliency of national security space
missions in a contested space environment;
(ii) proliferated low-Earth orbit constellation deployment;
(iii) routine access to extended orbits beyond
geostationary orbits, including cislunar orbits;
(iv) greater cislunar awareness capabilities;
(v) payload fairings that exceed current launch
requirements;
(vi) increased responsiveness for heavy lift capability;
(vii) the ability to transfer orbits, including point-to-
point orbital transfers;
(viii) capacity and capability to execute secondary
deployments;
(ix) high-performance upper stages;
(x) vertical integration; and
(xi) other new missions that are outside the parameters of
the nine design reference missions that exist as of the date
of the enactment of this Act;
(B) A description of how competing space access, mobility,
and logistics launches could aid in establishing a new
acquisition framework to--
(i) promote the potential for additional open and
sustainable competition for phase three; and
(ii) re-examine the balance of mission assurance versus
risk tolerance to reflect new resilient spacecraft
architectures and reduce workload on the Federal Government
and industry to perform mission assurance where appropriate.
(C) An analysis of how the matters under subparagraphs (A)
and (B) may help continue to reduce the cost per launch of
national security payloads.
(D) An examination of the effects to the National Security
Space Launch program if contracted launch providers cannot
meet all phase two requirements, including with respect to--
(i) the effects to national security launch resiliency; and
(ii) the cost effects of a launch market that lacks full
competition.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
appendix.
(4) Briefing.--Not later than 30 days after the date of the
enactment of this Act, the Secretary, in consultation with
the Director of National Intelligence, shall provide to the
appropriate congressional committees a briefing on the report
under paragraph (1).
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(2) The term ``phase three'' means, with respect to the
National Security Space Launch program, launch missions
ordered under the program after fiscal year 2024.
(3) The term ``phase two'' means, with respect to the
National Security Space Launch program, launch missions
ordered under the program during fiscal years 2020 through
2024.
SEC. 1603. CLASSIFICATION REVIEW OF PROGRAMS OF THE SPACE
FORCE.
(a) Classification Review.--The Chief of Space Operations
shall--
(1) not later than 120 days after the date of the enactment
of this Act, conduct a review of each classified program
managed under the authority of the Space Force to determine
whether--
(A) the level of classification of the program could be
changed to a lower level; or
(B) the program could be declassified; and
(2) not later than 90 days after the date on which the
Chief completes such review, commence the change to the
classification level or the declassification as determined in
such review.
(b) Coordination.--The Chief of Space Operations shall
carry out the review under subsection (a)(1) in coordination
with the Assistant Secretary of Defense for Space Policy and,
as the Chief determines appropriate, the heads of other
elements of the Department of Defense.
(c) Report.--Not later than 60 days after the date on which
the Chief of Space Operations completes the review under
subsection (a)(1), the Chief, in coordination with the
Assistant Secretary of Defense for Space Policy, shall submit
to the congressional defense committees a report identifying
each program managed under the authority of the Space Force
covered by a determination regarding changing the
classification level of the program or declassifying the
program, including--
(1) the timeline for implementing such change or
declassification; and
[[Page H4700]]
(2) any risks that exist in implementing such change or
declassification.
SEC. 1604. REPORT ON RANGE OF THE FUTURE INITIATIVE OF THE
SPACE FORCE.
(a) Findings.--Congress finds that in a report submitted to
Congress by the Chief of Space Operations, the Chief
highlighted a need for changes to current law to improve
installation infrastructure at the launch ranges of the Space
Force, and stated that ``If we fail to do this effectively
our installations will become a limiting factor to launch
capability.''.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Chief of Space Operations shall
submit to the congressional defense committees a report
containing the following:
(1) A detailed plan to carry out the Space Force ``Range of
the Future'' initiative, including the estimated funding
required to implement the plan.
(2) Identification of any specific authorities the Chief
determines need to be modified by law to improve the ability
of the Space Force to address long-term challenges to the
physical infrastructure at the launch ranges of the Space
Force, and an explanation for why such modified authorities
are needed.
(3) Any additional proposals that would support improved
infrastructure at the launch ranges of the Space Force,
including recommendations for legislative action to carry out
such proposals.
SEC. 1605. NORMS OF BEHAVIOR FOR INTERNATIONAL RULES-BASED
ORDER IN SPACE.
(a) Prioritized Objectives.--Not later than 90 days after
the date of the enactment of this Act, the covered officials
shall each submit to the National Space Council a list of
prioritized objectives with respect to establishing norms of
behavior to be addressed through bilateral and multilateral
negotiations relating to an international rules-based order
in space, including with respect to events that create space
debris, rendezvous and proximity operations, and other
appropriate matters.
(b) Consolidated List and Framework.--Not later than 45
days after the date on which the National Space Council has
received the list of prioritized objectives from each covered
official under subsection (a), the Council shall consolidate
such prioritized objectives in a single list. The Secretary
of State, in collaboration with other heads of relevant
departments and agencies of the Federal Government, shall use
such consolidated list as a guide to establish a framework
for bilateral and multilateral negotiations described in such
subsection.
(c) Submission to Congress.--Not later than seven days
after the date on which the National Space Council
consolidates the list of prioritized objectives under
subsection (b) in a single list, the Council shall submit to
the appropriate congressional committees such consolidated
list, disaggregated by the covered official who submitted
each such prioritized objective.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Foreign Affairs, the Committee on
Science, Space, and Technology, and the Permanent Select
Committee on Intelligence of the House of Representatives;
and
(C) the Committee on Foreign Relations, the Committee on
Commerce, Science, and Transportation, and the Select
Committee on Intelligence of the Senate.
(2) The term ``covered official'' means each of the
following:
(A) The Under Secretary of Defense for Policy, in
consultation with the Chief of Space Operations, the
Commander of the United States Space Command, and the
Director of the National Geospatial-Intelligence Agency.
(B) The Assistant Secretary of State for Arms Control,
Verification, and Compliance.
(C) The Administrator of the National Aeronautics and Space
Administration.
(D) The Director of the National Reconnaissance Office.
SEC. 1606. PROGRAMS OF RECORD OF SPACE FORCE AND COMMERCIAL
CAPABILITIES.
Section 957(c) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 9016 note)
is amended by adding at the end the following new paragraph:
``(5) Programs of record and commercial capabilities.--The
Service Acquisition Executive for Space Systems and Programs
may not establish a program of record for the Space Force
unless the Service Acquisition Executive first--
``(A) determines that there is no commercially available
capability that would meet the threshold objectives for that
proposed program; and
``(B) submits to the congressional defense committees such
determination.''.
SEC. 1607. CLARIFICATION OF DOMESTIC SERVICES AND
CAPABILITIES IN LEVERAGING COMMERCIAL SATELLITE
REMOTE SENSING.
(a) Domestic Defined.--Section 1612(c) of the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 441 note) is
amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) The term `domestic' includes, with respect to
commercial capabilities or services covered by this section,
capabilities or services provided by companies that operate
in the United States and have active mitigation agreements
pursuant to the National Industrial Security Program.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116-283), including with
respect to any requests for proposals or rules issued
pursuant to section 1612 of such Act.
SEC. 1608. NATIONAL SECURITY COUNCIL BRIEFING ON POTENTIAL
HARMFUL INTERFERENCE TO GLOBAL POSITIONING
SYSTEM.
(a) Requirement.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the National Security Council, the Secretary of
Commerce, and the Commissioners of the Federal Communications
Commission a briefing at the highest level of classification
on the current assessment of the Department of Defense, as of
the date of the briefing, regarding the potential for harmful
interference to the Global Positioning System, or other
tactical or strategic systems of the Department of Defense,
from commercial terrestrial operations and mobile satellite
services using the 1525-1559 megahertz band and the 1626.5-
1660.5 megahertz band.
(b) Matters Included.--The briefing under subsection (a)
shall include--
(1) potential operational impacts that have been studied
within the megahertz bands specified in such subsection; and
(2) impacts that could be mitigated, if any, including how
such mitigations could be implemented.
(c) Congressional Briefing.--Not later than seven days
after the date on which the Secretary provides the briefing
under subsection (a), the Secretary shall provide to the
appropriate congressional committees such briefing.
(d) Independent Technical Review.--The Secretary shall
carry out subsections (a) an (c) regardless of whether the
independent technical review conducted pursuant to section
1663 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283)
has been completed.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1611. NOTIFICATION OF CERTAIN THREATS TO UNITED STATES
ARMED FORCES BY FOREIGN GOVERNMENTS.
(a) Determination That Foreign Government Intends to Cause
the Death of or Serious Bodily Injury to Members of the Armed
Forces.--The Secretary of Defense shall carry out the
notification requirements under subsection (b) whenever the
Secretary, in consultation with the Director of National
Intelligence, determines with high confidence that, on or
after the date of the enactment of this Act, an official of a
foreign government plans or takes some other substantial step
that is intended to cause the death of, or serious bodily
injury to, any member of the United States Armed Forces,
whether through direct means or indirect means, including
through a promise or agreement by the foreign government to
pay anything of pecuniary value to an individual or
organization in exchange for causing such death or injury.
(b) Notice to Congress.--
(1) Notification.--Except as provided in paragraph (3), not
later than 14 days after making a determination under
subsection (a), the Secretary shall notify the congressional
leadership, the congressional intelligence committees and,
consistent with the protection of sources and methods, the
appropriate congressional committees of such determination.
Such notification shall include, at a minimum, the following:
(A) A description of the nature and extent of the effort by
the foreign government to target members of the United States
Armed Forces.
(B) An assessment of what specific officials, agents,
entities, and departments within the foreign government
ordered, authorized, or had knowledge of the effort.
(C) An assessment of the motivations of the foreign
government for undertaking such an effort.
(D) An assessment of whether the effort of the foreign
government was a substantial factor in the death or serious
bodily injury of any member of the United States Armed
Forces.
(E) Any other information the Secretary determines
appropriate.
(2) Option for briefing.--Upon the request of a
congressional recipient specified in paragraph (1) after
being notified of a determination under such paragraph, the
Secretary shall provide to the recipient a briefing on the
contents of the notification.
(3) Protection of sources and methods.--This subsection
shall be carried out in a manner that is consistent with the
protection of sources and methods.
(c) Definitions.--In this section:
(1) The term ``anything of pecuniary value'' has the
meaning given that term in section 1958(b)(1) of title 18,
United States Code.
(2) The term ``appropriate congressional committees'' means
the following:
(A) The Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(B) The Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(3) The terms ``congressional intelligence committees'' and
``intelligence community'' have the meaning given those terms
in section 3 of the National Security Act of 1947 (50 U.S.C.
3003).
(4) The term ``congressional leadership'' includes the
following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
[[Page H4701]]
(5) The term ``determines with high confidence''--
(A) means that the official making the determination--
(i) has concluded that the judgments in the determination
are based on sound analytic argumentation and high-quality,
consistent reporting from multiple sources, including through
clandestinely obtained documents, clandestine and open source
reporting, and in-depth expertise;
(ii) with respect to such judgments, has concluded that the
intelligence community has few intelligence gaps and few
assumptions underlying the analytic line and that the
intelligence community has concluded that the potential for
deception is low; and
(iii) has examined long-standing analytic judgments and
considered alternatives in making the determination; but
(B) does not mean that the official making the
determination has concluded that the judgments in the
determination are fact or certainty.
(6) The term ``direct means'' means without the use of
intermediaries.
(7) The term ``foreign government'' means the government of
a foreign country with which the United States is at peace.
(8) The term ``indirect means'' means through, or with the
assistance of, intermediaries.
SEC. 1612. STRATEGY AND PLAN TO IMPLEMENT CERTAIN DEFENSE
INTELLIGENCE REFORMS.
(a) Strategy and Plan.--The Secretary of Defense, in
coordination with the Director of National Intelligence,
shall develop and implement a strategy and plan to better
support the intelligence priorities of the commanders of the
combatant commands, including with respect to efforts to
counter in the open malign activities of adversaries of the
United States.
(b) Matters Included in Plan.--The plan under subsection
(a) shall include the following:
(1) A plan to adapt policies and procedures to assemble and
release facts about the malign activities of an adversary
described in such subsection in a timely way and in forms
that allow for greater distribution and release.
(2) A plan to develop and publish validated priority
intelligence requirements of the commanders of the combatant
commands.
(3) A plan to elevate open-source intelligence to a
foundational intelligence for strategic intelligence that is
treated on par with information collected from classified
means (for example, human intelligence, signals intelligence,
and geospatial intelligence).
(4) A plan for expanding the use of unclassified
intelligence in order to combat threats from disinformation
and misinformation by foreign adversaries.
(5) A review by each element of the intelligence community
of the approaches used by that element--
(A) with respect to intelligence that has not been
processed or analyzed, to separate out data from the sources
and methods by which the data is obtained (commonly known as
``tearlining''); and
(B) with respect to finished intelligence products that
relate to malign activities of an adversary described in
subsection (a), to downgrade the classification level of the
product.
(c) Congressional Briefing.--Not later than one year after
the date of the enactment of this Act, and annually
thereafter through December 31, 2026, the Secretary and the
Director shall jointly provide to the appropriate
congressional committees a briefing on the strategy and plan
under subsection (a).
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Committee on the Judiciary and the Permanent Select
Committee on Intelligence of the House of Representatives.
(3) The Committee on the Judiciary and the Select Committee
on Intelligence of the Senate.
SEC. 1613. AUTHORITY OF UNDER SECRETARY OF DEFENSE FOR
INTELLIGENCE AND SECURITY TO ENGAGE IN
FUNDRAISING FOR CERTAIN NONPROFIT
ORGANIZATIONS.
Section 422 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c) Fundraising.--(1) The Under Secretary of Defense for
Intelligence and Security may engage in fundraising in an
official capacity for the benefit of nonprofit organizations
that provide support--
``(A) to surviving dependents of deceased employees of the
Defense Intelligence Enterprise; or
``(B) for the welfare, education, or recreation of
employees and former employees of the Defense Intelligence
Enterprise and the dependents of such employees and former
employees.
``(2) The Under Secretary may delegate the authority under
paragraph (1) to--
``(A) the heads of the components of the Department of
Defense that are elements of the intelligence community;
``(B) the senior intelligence officers of the Armed Forces
and the regional and functional combatant commands;
``(C) the Director for Intelligence of the Joint Chiefs of
Staff; and
``(D) the senior officials of other elements of the
Department of Defense that perform intelligence functions.
``(3) Not later than seven days after the date on which the
Under Secretary or an official specified in paragraph (2)
engages in fundraising pursuant to paragraph (1), or at the
time at which the Under Secretary or an official makes a
determination to engage in such fundraising, the Under
Secretary shall notify the appropriate congressional
committees of such fundraising.
``(4) In this subsection:
``(A) The term `appropriate congressional committees'
means--
``(i) the Committees on Armed Services of the House of
Representatives and the Senate; and
``(ii) the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on
Intelligence of the Senate.
``(B) The term `Defense Intelligence Enterprise' has the
meaning given that term in section 426(b)(4)(B) of this
title.
``(C) The term `fundraising' means the raising of funds
through the active participation in the promotion,
production, or presentation of an event designed to raise
funds and does not include the direct solicitation of money
by any other means.
``(D) The term `intelligence community' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).''.
SEC. 1614. EXECUTIVE AGENT FOR EXPLOSIVE ORDNANCE
INTELLIGENCE.
(a) In General.--Subchapter I of chapter 21 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 430c. Executive agent for explosive ordnance
intelligence
``(a) Designation.--The Secretary of Defense shall
designate the Director of the Defense Intelligence Agency as
the executive agent for explosive ordnance intelligence.
``(b) Definitions.--In this section:
``(1) The term `explosive ordnance intelligence' means
technical intelligence relating to explosive ordnance (as
defined in section 283(d) of this title), including with
respect to the processing, production, dissemination,
integration, exploitation, evaluation, feedback, and analysis
of explosive ordnance using the skills, techniques,
principles, and knowledge of explosive ordnance disposal
personnel regarding fuzing, firing systems, ordnance
disassembly, and development of render safe techniques,
procedures and tools, publications, and applied technologies.
``(2) The term `executive agent' has the meaning given the
term `DoD Executive Agent' in Directive 5101.1.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 430b the following new item:
``430c. Executive agent for explosive ordnance intelligence.''.
(c) Date of Designation.--The Secretary of Defense shall
make the designation under section 430c of title 10, United
States Code, as added by subsection (a), by not later than 30
days after the date of the enactment of this Act.
SEC. 1615. INCLUSION OF EXPLOSIVE ORDNANCE INTELLIGENCE IN
DEFENSE INTELLIGENCE AGENCY ACTIVITIES.
Section 105 of the National Security Act of 1947 (50 U.S.C.
3038) is amended--
(1) in subsection (b)(5), by striking ``human intelligence
and'' and inserting ``explosive ordnance intelligence, human
intelligence, and''; and
(2) by adding at the end the following new subsection:
``(e) Explosive Ordnance Intelligence Defined.--In this
section, the term `explosive ordnance intelligence' means
technical intelligence relating to explosive ordnance (as
defined in section 283(d) of title 10, United States Code),
including with respect to the processing, production,
dissemination, integration, exploitation, evaluation,
feedback, and analysis of explosive ordnance using the
skills, techniques, principles, and knowledge of explosive
ordnance disposal personnel regarding fuzing, firing systems,
ordnance disassembly, and development of render safe
techniques, procedures and tools, publications, and applied
technologies.''.
Subtitle C--Nuclear Forces
SEC. 1621. EXERCISES OF NUCLEAR COMMAND, CONTROL, AND
COMMUNICATIONS SYSTEM.
(a) Requirement.--Chapter 24 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 499b. Exercises of nuclear command, control, and
communications system
``(a) Required Exercises.--Except as provided by subsection
(b), beginning 2022, the President shall participate in a
large-scale exercise of the nuclear command, control, and
communications system during the first year of each term of
the President, and may participate in such additional
exercises as the President determines appropriate.
``(b) Waiver.--The President may waive, on a case-by-case
basis, the requirement to participate in an exercise under
subsection (a) if the President--
``(1) determines that participating in such an exercise is
infeasible by reason of a war declared by Congress, a
national emergency declared by the President or Congress, a
public health emergency declared by the Secretary of Health
and Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d), or other similar exigent
circumstance; and
``(2) submits to the congressional defense committees a
notice of the waiver and a description of such
determination.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``499b. Exercises of nuclear command, control, and communications
system.''.
SEC. 1622. INDEPENDENT REVIEW OF NUCLEAR COMMAND, CONTROL,
AND COMMUNICATIONS SYSTEM.
(a) Review.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to
enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine under which the National
Academies shall conduct a review of the
[[Page H4702]]
current plans, policies, and programs of the nuclear command,
control, and communications system, and such plans, policies,
and programs that are planned through 2030.
(b) Matters Included.--The review under subsection (a)
shall include a review of each of the following:
(1) The plans, policies, and programs described in such
subsection.
(2) The programmatic challenges and risks to the nuclear
command, control, and communications system.
(3) Emerging technologies and how such technologies may be
applied to the next generation of the nuclear command,
control, and communications system.
(4) The security and surety of the nuclear command,
control, and communications system.
(5) Threats to the nuclear command, control, and
communications system that may occur through 2030.
(c) Briefing.--Not later than September 1, 2022, the
National Academies shall provide the congressional defense
committees an interim briefing on the review under subsection
(a).
(d) Report.--Not later than March 1, 2023, the National
Academies shall submit to the Secretary and the congressional
defense committees a report containing the review under
subsection (a).
SEC. 1623. REVIEW OF SAFETY, SECURITY, AND RELIABILITY OF
NUCLEAR WEAPONS AND RELATED SYSTEMS.
(a) Findings.--Congress finds the following:
(1) On December 20, 1990, Secretary of Defense Cheney
chartered a five-person independent committee known as the
Federal Advisory Committee on Nuclear Failsafe and Risk
Reduction to assess the capability of the nuclear weapon
command and control system to meet the dual requirements of
assurance against unauthorized use of nuclear weapons and
assurance of timely, reliable execution when authorized, and
to identify opportunities for positive measures to enhance
failsafe features.
(2) The Federal Advisory Committee, chaired by Ambassador
Jeane J. Kirkpatrick, recommended changes in the nuclear
enterprise, as well as policy proposals to reduce the risks
posed by unauthorized launches and miscalculation.
(3) The Federal Advisory Committee found, unambiguously,
that ``failsafe and oversight enhancements are possible''.
(4) Since 1990, new threats to the nuclear enterprise have
arisen in the cyber, space, and information warfare domains.
(5) Ensuring the continued assurance of the nuclear
command, control, and communications infrastructure is
essential to the national security of the United States.
(b) Review.--The Secretary of Defense shall provide for the
conduct of an independent review of the safety, security, and
reliability of covered nuclear systems. The Secretary shall
ensure that such review is conducted in a manner similar to
the review conducted by the Federal Advisory Committee on
Nuclear Failsafe and Risk Reduction.
(c) Matters Included.--The review conducted pursuant to
subsection (b) shall include the following:
(1) Plans for modernizing the covered nuclear systems,
including options and recommendations for technical,
procedural, and policy measures that could strengthen
safeguards, improve the security and reliability of digital
technologies, and prevent cyber-related and other risks that
could lead to the unauthorized or inadvertent use of nuclear
weapons as the result of an accident, misinterpretation,
miscalculation, terrorism, unexpected technological
breakthrough, or deliberate act.
(2) Options and recommendations for nuclear risk reduction
measures, focusing on confidence building and predictability,
that the United States could carry out alone or with near-
peer adversaries to strengthen safeguards against the
unauthorized or inadvertent use of a nuclear weapon and to
reduce nuclear risks.
(d) Submission.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees the review conducted
pursuant to subsection (b).
(e) Previous Review.--Not later than 30 days after the date
of the enactment of this Act, the Secretary shall submit to
the congressional defense committees the final report of the
Federal Advisory Committee on Nuclear Failsafe and Risk
Reduction.
(f) Covered Nuclear Systems Defined.--In this section, the
term ``covered nuclear systems'' means the following systems
of the United States:
(1) The nuclear weapons systems.
(2) The nuclear command, control, and communications
system.
(3) The integrated tactical warning/attack assessment
system.
SEC. 1624. REVIEW OF ENGINEERING AND MANUFACTURING
DEVELOPMENT CONTRACT FOR GROUND-BASED STRATEGIC
DETERRENT PROGRAM.
(a) Findings.--Congress finds the following:
(1) In September 2020, the Air Force awarded the
engineering and manufacturing development contract for the
ground-based strategic deterrent program.
(2) The total development cost of the ground-based
strategic deterrent program is expected to be approximately
$100,000,000,000.
(3) The Vice Chairman of the Joint Chiefs of Staff recently
noted that ``we have got to make [the ground-based strategic
deterrent program] more affordable. A three-stage, solid
rocket ICBM should not cost as much as the forecast says it
costs for now. After meeting with the program office at
Northrop Grumman multiple times I think that program can come
in significantly cheaper. It's designed correctly. It's a
digital engineering process that should be able to build
things quickly and much more effectively.''.
(4) The Air Force has placed significant importance on
digital engineering in achieving cost and schedule
requirements with respect to the ground-based strategic
deterrent program.
(b) Review.--
(1) Requirement.--The Secretary of the Air Force shall
provide for the conduct of a review of the implementation and
the execution of the engineering and manufacturing
development contract for the ground-based strategic deterrent
program.
(2) Matters included.--The review under paragraph (1) shall
include the following:
(A) An analysis of the ability of the Air Force to
implement industry best practices during the engineering and
manufacturing development phase of the ground-based strategic
deterrent program.
(B) A review of the challenges the Air Force faces in
implementing such industry best practices.
(C) A review of the ability of the Air Force to leverage
digital engineering during such engineering and manufacturing
development phase.
(D) A review of any options that may be available to the
Air Force to reduce cost and introduce competition within the
operations and maintenance phase of the ground-based
strategic deterrent program.
(E) Recommendations to improve the cost, schedule, and
program management of the ground-based strategic deterrent
program.
(3) Expertise.--The Secretary shall ensure that the review
under paragraph (1) is conducted by individuals from the
public and private sector, including not fewer than two
individuals--
(A) who are not employees or officers of the Department of
Defense or a contractor of the Department; and
(B) who have experience outside of the defense industry.
(4) Provision of information.--The Secretary shall provide
to the individuals conducting the review under paragraph (1)
all information necessary for the review.
(5) Security clearances.--The Secretary shall ensure that
each individual who conducts the review under paragraph (1)
holds a security clearance at the appropriate level for such
review.
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report containing the
review under subsection (b)(1). The report shall be submitted
in unclassified form and shall include a classified annex.
(d) Briefing.--Not later than 90 days after the date on
which the Secretary submits the report under subsection (c),
the Secretary shall provide to the congressional defense
committees a briefing on implementing the recommendations
contained in the review under subsection (b)(1).
SEC. 1625. LONG-RANGE STANDOFF WEAPON.
(a) Limitation.--The Secretary of the Air Force may not
award a procurement contract for the long-range standoff
weapon until the Secretary submits to the congressional
defense committees each of the following:
(1) An updated cost estimate for the procurement portion of
the long-range standoff weapon program that is--
(A) informed by the engineering and manufacturing
development contract, including with respect to any completed
flight tests; and
(B) independently validated by the Director of Cost
Assessment and Program Evaluation.
(2) A certification that the future-years defense program
submitted to Congress under section 221 of title 10, United
States Code, includes, or will include, estimated funding for
the program in the amounts specified in the cost estimate
under paragraph (1).
(3) A copy of the justification and approval documentation
regarding the Secretary determining to award a sole-source
contract for the program, including with respect to how the
Secretary will manage the cost of the program in the absence
of competition.
(b) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Air Force shall
provide to the congressional defense committees a briefing on
the execution of the engineering and manufacturing
development contract for the long-range standoff weapon,
including with respect to--
(1) how the timely development of the long-range standoff
weapon may serve as a hedge to delays in other nuclear
modernization efforts;
(2) the effects of potential delays in the W80-4 warhead
program on the ability of the long-range standoff weapon to
achieve the initial operational capability schedule under
section 217 of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 127 Stat. 706), as most
recently amended by section 1668 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1774);
(3) options to adjust the budget profile of the long-range
standoff weapon program to ensure the program remains on
schedule;
(4) a plan to reconcile, with respect to the procurement
portion of the program, the Air Force service cost position
and the estimate by the Director of Cost Assessment and
Program Evaluation; and
(5) a plan to ensure best value to the United States for
such procurement portion.
SEC. 1626. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL
BALLISTIC MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided in subsection (b),
none of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2022 for the
Department of Defense may be obligated or expended for the
following, and the Department may not otherwise take any
action to do the following:
[[Page H4703]]
(1) Reduce, or prepare to reduce, the responsiveness or
alert level of the intercontinental ballistic missiles of the
United States.
(2) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a
number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not
apply to any of the following activities:
(1) The maintenance or sustainment of intercontinental
ballistic missiles.
(2) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
SEC. 1627. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL
SUBMISSION OF INFORMATION RELATING TO PROPOSED
BUDGET FOR NUCLEAR-ARMED SEA-LAUNCHED CRUISE
MISSILE.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2022 for the
Department of Defense for travel by any personnel of the
Office of the Secretary of the Navy, not more than 75 percent
may be obligated or expended until the Secretary of the Navy
submits to the congressional defense committees all written
communications by personnel of the Department of Defense
regarding the proposed budget amount or limitation for the
nuclear-armed sea-launched cruise missile contained in the
defense budget materials (as defined by section 231(f) of
title 10, United States Code) for fiscal year 2022.
SEC. 1628. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL
SUBMISSION OF INFORMATION RELATING TO NUCLEAR-
ARMED SEA-LAUNCHED CRUISE MISSILE.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2022 for the
Department of Defense for travel by any personnel of the
Office of the Secretary of Defense (other than travel by the
Secretary of Defense or the Deputy Secretary of Defense), not
more than 75 percent may be obligated or expended until the
Secretary--
(1) submits to the congressional defense committees the
analysis of alternatives for the nuclear-armed sea-launched
cruise missile; and
(2) provides to such committees a briefing on such analysis
of alternatives.
SEC. 1629. ANNUAL CERTIFICATION ON READINESS OF MINUTEMAN III
INTERCONTINENTAL BALLISTIC MISSILES.
Not later than March 1, 2022, and annually thereafter until
the date on which the ground-based strategic deterrent weapon
achieves initial operating capability, the Chairman of the
Joint Chiefs of Staff shall certify to the congressional
defense committees whether the state of the readiness of
Minuteman III intercontinental ballistic missiles requires
placing heavy bombers equipped with nuclear gravity bombs or
air-launched nuclear cruise missiles, and associated
refueling tanker aircraft, on alert status.
SEC. 1630. COST ESTIMATE TO RE-ALERT LONG-RANGE BOMBERS.
(a) Findings.--Congress finds the following:
(1) On April 20th, 2021, before the Committee on Armed
Services of the Senate, the Commander of the United States
Strategic Command, Admiral Charles A. Richard, said that the
basic design criteria in the triad is that ``you cannot allow
a failure of any one leg of the triad to prevent you from
being able to do everything the President has ordered you to
do.''.
(2) Admiral Richard further stated that in the event of one
leg atrophying, ``You are completely dependent on the
submarine leg, and I've already told the Secretary of Defense
that under those conditions I would request to re-alert the
bombers.''.
(b) Cost Estimate.--The Secretary of the Air Force shall
develop a cost estimate with respect to re-alerting long-
range bombers in the absence of a ground-based leg of the
nuclear triad.
SEC. 1631. NOTIFICATION REGARDING INTERCONTINENTAL BALLISTIC
MISSILES OF CHINA.
(a) Requirement.--If the Commander of the United States
Strategic Command determines that the number of
intercontinental ballistic missiles in the active inventory
of China exceeds the number of intercontinental ballistic
missiles in the active inventory of the United States, or
that the number of nuclear warheads equipped on such missiles
of China exceeds the number of nuclear warheads equipped on
such missiles of the United States, the Commander shall
submit to the congressional defense committees--
(1) a notification of such determination;
(2) an assessment of the composition of the
intercontinental ballistic missiles of China, including the
types of nuclear warheads equipped on such missiles; and
(3) a strategy for deterring China.
(b) Form.--The notification under paragraph (1) of
subsection (a) shall be submitted in unclassified form, and
the assessment and strategy under paragraphs (2) and (3) of
such subsection may be submitted in classified form.
(c) Termination.--The requirement under subsection (a)
shall terminate on the date that is four years after the date
of the enactment of this Act.
SEC. 1632. INFORMATION REGARDING REVIEW OF MINUTEMAN III
SERVICE LIFE EXTENSION PROGRAM.
(a) Requirement.--The Secretary of Defense shall submit to
the congressional defense committees all scoping documents
relating to any covered review, including the names, titles,
and backgrounds of the individuals of the federally funded
research and development center who are conducting the
review. The Secretary shall submit such information by the
date that is the later of the following:
(1) 15 days after the date on which the covered review is
initiated.
(2) 15 days after the date of the enactment of this Act.
(b) Covered Review.--In this section, the term ``covered
review'' means any review initiated in 2021 or 2022 by a
federally funded research and development center regarding a
service life extension program for Minuteman III
intercontinental ballistic missiles.
SEC. 1633. SENSE OF CONGRESS REGARDING NUCLEAR POSTURE
REVIEW.
It is the sense of Congress that the nuclear posture review
initiated in 2021 should address the following:
(1) An assessment of the current and projected nuclear
capabilities of Russia and China;
(2) the role of nuclear forces in United States military
strategy, planning, and programming;
(3) the relationship between deterrence, targeting, and
arms control;
(4) the role of missile defenses, conventional strike
forces, and other capabilities play in determining the role
and size of nuclear forces;
(5) the levels and composition of nuclear delivery systems
required to implement national strategy;
(6) the nuclear weapons complex required to implement such
strategy, including with respect to modernization; and
(7) the active and inactive nuclear weapons stockpile
required to implement such strategy, including with respect
to the replacement and modification of nuclear weapons.
Subtitle D--Missile Defense Programs
SEC. 1641. DIRECTED ENERGY PROGRAMS FOR BALLISTIC AND
HYPERSONIC MISSILE DEFENSE.
(a) Findings.--Congress finds the following:
(1) In the fiscal year 2021 budget request of the
Department of Defense, the Secretary of Defense removed all
funding from the Missile Defense Agency to conduct research,
engineering, or development for directed energy technologies
that could be applicable for ballistic and hypersonic missile
defense, and this removal of funding continued in the fiscal
year 2022 budget request of the Department, despite Congress
appropriating funding for fiscal year 2021 for these efforts.
(2) In January 2020, an independent Senior Executive Review
Team noted that ``If successfully developed, the unique
features of diode pumped alkali laser, an efficient
electrically powered, relatively short wavelength gas laser
with the potential to deliver megawatt power with near
diffraction limited beam quality from a single aperture would
provide the Department of Defense and the Missile Defense
Agency with an important strategic technology with the
potential for an attractive size, weight, and power. Such a
system would have potential capability use cases across all
services/agencies.''. However, the Under Secretary of Defense
for Research and Engineering did not support continued
investigation of this promising technology by the Missile
Defense Agency.
(3) In addition to diode pumped alkali lasers, there are
other directed energy applications that have the potential to
contribute to ballistic and hypersonic missile defense
architecture, including microwave and short pulse lasers
technologies.
(b) Sense of Congress.--It is the sense of Congress that
the Director of the Missile Defense Agency should continue to
fund promising directed energy technologies for ballistic and
hypersonic missile defense, in coordination with the directed
energy roadmap of the Under Secretary of Defense for Research
and Engineering, with the intent to transfer technologies to
the military departments as appropriate.
(c) Authority of the Missile Defense Agency.--
(1) Delegation.--The Secretary of Defense shall delegate to
the Director of the Missile Defense Agency the authority to
budget for, direct, and manage directed energy programs
applicable for ballistic and hypersonic missile defense
missions, in coordination with other directed energy efforts
of the Department of Defense.
(2) Prioritization.--In budgeting for and directing
directed energy programs applicable for ballistic and
hypersonic defensive missions pursuant to paragraph (1), the
Director of the Missile Defense Agency shall--
(A) prioritize the early research and development of
technologies; and
(B) address the transition of such technologies to industry
to support future operationally relevant capabilities.
SEC. 1642. NOTIFICATION OF CHANGES TO NON-STANDARD
ACQUISITION AND REQUIREMENTS PROCESSES AND
RESPONSIBILITIES OF MISSILE DEFENSE AGENCY.
(a) Notice and Wait.--
(1) Requirement.--The Secretary of Defense may not make any
changes to the missile defense non-standard acquisition and
requirements processes and responsibilities described in
paragraph (2) until the Secretary, without delegation, on or
after the date of the enactment of this Act--
(A) has consulted with the Under Secretary of Defense for
Research and Engineering, the Under Secretary of Defense for
Acquisition and Sustainment, the Under Secretary of Defense
for Policy, the Secretaries of the military departments, the
Chairman of the Joint Chiefs of Staff, the Commander of the
United States Strategic Command, the Commander of the United
States Northern Command, and the Director of the Missile
Defense Agency;
(B) certifies to the congressional defense committees that
the Secretary has coordinated the changes with, and received
the views of, the individuals referred to in subparagraph
(A);
(C) submits to the congressional defense committees a
report that contains--
(i) a description of the changes, the rationale for the
changes, and the views of the individuals referred to in
subparagraph (A) with respect to such changes;
[[Page H4704]]
(ii) a certification that the changes will not impair the
missile defense capabilities of the United States nor degrade
the unique special acquisition authorities of the Missile
Defense Agency; and
(iii) with respect to any such changes to Department of
Defense Directive 5134.09, a final draft of the proposed
modified directive, both in an electronic format and in a
hard copy format;
(D) with respect to any such changes to Department of
Defense Directive 5134.09, provides to such committees a
briefing on the proposed modified directive described in
subparagraph (C)(ii); and
(E) a period of 120 days has elapsed following the date on
which the Secretary submits the report under subparagraph
(C).
(2) Non-standard acquisition and requirements processes and
responsibilities described.--The non-standard acquisition and
requirements processes and responsibilities described in this
paragraph are such processes and responsibilities described
in--
(A) the memorandum of the Secretary of Defense titled
``Missile Defense Program Direction'' signed on January 2,
2002;
(B) Department of Defense Directive 5134.09, as in effect
on the date of the enactment of this Act; and
(C) United States Strategic Command Instruction 538-3
titled ``MD Warfighter Involvement Process''.
(b) Conforming Amendments.--
(1) FY20 ndaa.--Section 1688 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116- 92;
133 Stat. 1787) is amended--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection (b).
(2) FY21 ndaa.--Section 1641 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116- 283; 134 Stat. 4061) is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection (c).
SEC. 1643. MISSILE DEFENSE RADAR IN HAWAII.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Hawaii should have discrimination radar coverage
against intercontinental ballistic missiles that is
equivalent to such coverage provided to the contiguous United
States and Alaska once the long range discrimination radar
achieves operational capability at Clear Air Force Base,
Alaska; and
(2) to achieve such equivalent discrimination radar
coverage, the Secretary of Defense, acting through the
Director of the Missile Defense Agency, should--
(A) restore the discrimination radar for homeland defense
planned to be located in Hawaii; and
(B) request adequate funding for the radar in the future-
years defense program submitted to Congress under section 221
of title 10, United States Code, for the radar to achieve
operational capability by not later than December 31, 2028,
when the next generation interceptor is anticipated to
achieve initial operating capability.
(b) Certification.--As a part of the defense budget
materials (as defined in section 239 of title 10, United
States Code) for fiscal year 2023, the Director of the
Missile Defense Agency shall certify to the congressional
defense committees that--
(1) the future-years defense program submitted to Congress
under section 221 of title 10, United States Code, in 2022
includes adequate amounts of estimated funding to develop,
construct, test, and integrate into the missile defense
system the discrimination radar for homeland defense planned
to be located in Hawaii; and
(2) such radar and associated in-flight interceptor
communications system data terminal will be operational by
not later than December 31, 2028.
SEC. 1644. GUAM INTEGRATED AIR AND MISSILE DEFENSE SYSTEM.
(a) Architecture and Acquisition.--The Secretary of Defense
shall identify the architecture and acquisition approach for
implementing a 360-degree integrated air and missile defense
capability to defend the people, infrastructure, and
territory of Guam from advanced cruise, ballistic, and
hypersonic missile threats.
(b) Requirements.--The architecture identified under
subsection (a) shall have the ability to--
(1) integrate numerous multi-domain sensors, interceptors,
and command and control systems while maintaining high kill
chain performance against advanced threats;
(2) address robust discrimination and electromagnetic
compatibility with other sensors;
(3) engage directly, or coordinate engagements with other
integrated air and missile defense systems, to defeat the
spectrum of cruise, ballistic, and hypersonic threats;
(4) leverage existing programs of record to expedite the
development and deployment of the architecture during the
five-year period beginning on the date of the enactment of
this Act, with an objective of achieving initial operating
capability in 2025, including with respect to--
(A) the Aegis ballistic missile defense system;
(B) standard missile-3 and -6 variants;
(C) the terminal high altitude area defense system;
(D) the Patriot air and missile defense system;
(E) the integrated battle control system; and
(F) the lower tier air and missile defense sensor and other
lower tier capabilities, as applicable;
(5) integrate future systems and interceptors that have the
capability to defeat hypersonic missiles in the glide and
terminal phases, including integration of passive measures to
protect assets in Guam; and
(6) incentivize competition within the acquisition of the
architecture and rapid procurement and deployment wherever
possible.
(c) Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the architecture
and acquisition approach identified under subsection (a).
SEC. 1645. LIMITATION ON AVAILABILITY OF FUNDS UNTIL RECEIPT
OF CERTAIN REPORT ON GUAM.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2022 for the
Department of Defense for the Office of Cost Assessment and
Program Evaluation, not more than 75 percent may be obligated
or expended until the date on which the Secretary of Defense
submits to the congressional defense committees the report on
the defense of Guam from integrated air and missile threats
required by section 1650 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year
2021(Public Law 116-283).
SEC. 1646. REPEAL OF TRANSITION OF BALLISTIC MISSILE DEFENSE
PROGRAMS TO MILITARY DEPARTMENTS .
Section 1676 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2431 note) is
amended by striking subsection (b).
SEC. 1647. CERTIFICATION REQUIRED FOR RUSSIA AND CHINA TO
TOUR CERTAIN MISSILE DEFENSE SITES.
(a) Certification.--Before the Secretary of Defense makes a
determination with respect to allowing a foreign national of
Russia or China to tour a covered site, the Secretary shall
submit to the congressional defense committees a
certification that--
(1) the Secretary has determined that such tour is in the
national security interest of the United States, including
the justifications for such determination; and
(2) the Secretary will not share any technical data
relating to the covered site with the foreign nationals.
(b) Timing.--The Secretary may not conduct a tour described
in subsection (a) until a period of 45 days has elapsed
following the date on which the Secretary submits the
certification for that tour under such subsection.
(c) Covered Site.--In this section, the term ``covered
site'' means any of the following:
(1) The combat information center of a naval ship equipped
with the Aegis ballistic missile defense system.
(2) An Aegis Ashore site.
(3) A terminal high altitude area defense battery.
(4) A ground-based midcourse defense interceptor silo.
SEC. 1648. SENSE OF CONGRESS ON NEXT GENERATION INTERCEPTOR
PROGRAM.
It is the sense of Congress that--
(1) in accordance with the national missile defense policy
under section 1681 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114- 328; 10 U.S.C. 2431
note), it is in the national security interest of the United
States to design, test, and begin deployment of the next
generation interceptor by not later than September 30, 2028;
and
(2) the Secretary of Defense should--
(A) maintain competition for the next generation
interceptor program through, at a minimum, the critical
design reviews of the program;
(B) uphold ``fly before you buy'' principals in carrying
out such program;
(C) continue to incorporate lessons learned from the
redesigned kill vehicle program to avoid any similar
technical issues; and
(D) continue to maintain continuous engagement with the
intelligence community to ensure the next generation
interceptor program is outpacing intercontinental ballistic
missile threats to the homeland of the United States posed by
rogue nations.
Subtitle E--Other Matters
SEC. 1651. COOPERATIVE THREAT REDUCTION FUNDS.
(a) Funding Allocation.--Of the $344,849,000 authorized to
be appropriated to the Department of Defense for fiscal year
2022 in section 301 and made available by the funding table
in division D for the Department of Defense Cooperative
Threat Reduction Program established under section 1321 of
the Department of Defense Cooperative Threat Reduction Act
(50 U.S.C. 3711), the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination, $2,997,000.
(2) For chemical security and elimination, $13,250,000.
(3) For global nuclear security, $17,767,000.
(4) For biological threat reduction, $124,022,000.
(5) For proliferation prevention, $58,754,000.
(6) For activities designated as Other Program Support,
$23,059,000.
(b) Specification of Cooperative Threat Reduction Funds.--
Funds appropriated pursuant to the authorization of
appropriations in section 301 and made available by the
funding table in division D for the Department of Defense
Cooperative Threat Reduction Program shall be available for
obligation for fiscal years 2022, 2023, and 2024.
SEC. 1652. ESTABLISHMENT OF OFFICE TO ADDRESS UNIDENTIFIED
AERIAL PHENOMENA.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Director of National Intelligence,
shall establish an office within the Office of the Secretary
of Defense to carry out, on a Department-wide basis, the
mission currently performed by the Unidentified Aerial
Phenomenon Task Force as of the date of the enactment of this
Act.
(b) Duties.--The duties of the office established under
subsection (a) shall include the following:
[[Page H4705]]
(1) Developing procedures to synchronize and standardize
the collection, reporting, and analysis of incidents
regarding unidentified aerial phenomena across the Department
of Defense.
(2) Developing processes and procedures to ensure that such
incidents from each military department are reported and
incorporated in a centralized repository.
(3) Establishing procedures to require the timely and
consistent reporting of such incidents.
(4) Evaluating links between unidentified aerial phenomena
and adversarial foreign governments, other foreign
governments, or nonstate actors.
(5) Evaluating the threat that such incidents present to
the United States.
(6) Coordinating with other departments and agencies of the
Federal Government, as appropriate.
(7) Coordinating with allies and partners of the United
States, as appropriate, to better assess the nature and
extent of unidentified aerial phenomena.
(c) Annual Report.--
(1) Requirement.--Not later than December 31, 2022, and
annually thereafter until December 31, 2026, the Secretary of
Defense shall submit to the appropriate congressional
committees a report on unidentified aerial phenomena.
(2) Elements.--Each report under paragraph (1) shall
include, with respect to the year covered by the report, the
following information:
(A) An analysis of data and intelligence received through
reports of unidentified aerial phenomena.
(B) An analysis of data relating to unidentified aerial
phenomena collected through--
(i) geospatial intelligence;
(ii) signals intelligence;
(iii) human intelligence; and
(iv) measurement and signals intelligence.
(C) The number of reported incidents of unidentified aerial
phenomena over restricted air space of the United States.
(D) An analysis of such incidents identified under
subparagraph (C).
(E) Identification of potential aerospace or other threats
posed by unidentified aerial phenomena to the national
security of the United States.
(F) An assessment of any activity regarding unidentified
aerial phenomena that can be attributed to one or more
adversarial foreign governments.
(G) Identification of any incidents or patterns regarding
unidentified aerial phenomena that indicate a potential
adversarial foreign government may have achieved a
breakthrough aerospace capability.
(H) An update on the coordination by the United States with
allies and partners on efforts to track, understand, and
address unidentified aerial phenomena.
(I) An update on any efforts underway on the ability to
capture or exploit discovered unidentified aerial phenomena.
(J) An assessment of any health-related effects for
individuals that have encountered unidentified aerial
phenomena.
(d) Task Force.--Not later than the date on which the
Secretary establishes the office under subsection (a), the
Secretary shall terminate the Unidentified Aerial Phenomenon
Task Force.
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(B) The Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate.
(2) The term ``unidentified aerial phenomena'' means
airborne objects witnessed by a pilot or aircrew member that
are not immediately identifiable.
SEC. 1653. MATTERS REGARDING INTEGRATED DETERRENCE REVIEW.
(a) Reports.--Not later than 30 days after the date on
which the Integrated Deterrence Review that commenced during
2021 is submitted to the congressional defense committees,
the Secretary of Defense shall submit to the congressional
defense committees the following:
(1) Each report, assessment, and guidance document produced
by the Department of Defense pursuant to the Integrated
Deterrence Review or during subsequent actions taken to
implement the conclusions of the Integrated Deterrence
Review, including with respect to each covered review.
(2) A report explaining how each such covered review
differs from the previous such review.
(b) Certifications.--Not later than 30 days after the date
on which a covered review is submitted to the congressional
defense committees, the Chairman of the Joint Chiefs of
Staff, the Vice Chairman of the Joint Chiefs of Staff, and
the Commander of the United States Strategic Command shall
each directly submit to such committees--
(1) a certification regarding whether the Chairman, Vice
Chairman, or Commander, as the case may be, had the
opportunity to provide input into the covered review; and
(2) a description of the degree to which the covered
reviews differ from the military advice contained in such
input (or, if there was no opportunity to provide such input,
would have been contained in the input if so provided).
(c) Covered Review Defined.--In this section, the term
``covered review'' means--
(1) the Missile Defense Review that commenced during 2021;
and
(2) the Nuclear Posture Review that commenced during 2021.
SEC. 1654. SENSE OF CONGRESS ON INDEMNIFICATION AND THE
CONVENTIONAL PROMPT GLOBAL STRIKE WEAPON
SYSTEM.
It is the sense of Congress that--
(1) the conventional prompt global strike weapon system of
the Navy, for which the Secretary of the Navy has declined to
provide indemnification, will have more than twice the TNT
equivalent of the bomb used in the 1993 World Trade Center
bombing that resulted in many casualties and more than
$3,300,000,000 in insurance claims in 2021 dollars--an amount
that is $1,100,000,000 greater than the insurance limits
currently available from private insurance underwriters;
(2) the term ``unusually hazardous'' used in Executive
Order 10789, as amended, pursuant to public Law 85-804 (50
U.S.C. 1431 et seq.) should be objectively and consistently
applied to weapons systems and programs whose physical
properties inherently possess substantial explosive energy
whose misapplication or accidental ignition could result in
catastrophic material destruction and human injuries and
deaths;
(3) an inconsistent and arbitrary application of such
Executive Order and law may create significant risk for the
industrial base and loss of critical defense capabilities;
and
(4) the Secretary of the Navy should--
(A) take maximum practicable advantage of existing
statutory authority to provide indemnification for large
rocket programs employing ``unusually hazardous'' propulsion
systems for both nuclear and non-nuclear strategic systems;
and
(B) develop a policy for more consistently applying such
authority.
TITLE XVII--TECHNICAL AMENDMENTS RELATED TO THE TRANSFER AND
REORGANIZATION OF DEFENSE ACQUISITION STATUTES
SEC. 1701. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS
RELATED TO THE TRANSFER AND REORGANIZATION OF
DEFENSE ACQUISITION STATUTES.
(a) Applicability; Definitions.--
(1) Applicability.--The amendments made by this section to
title XVIII of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116-283) shall apply as if included in such Act as enacted.
(2) Definitions.--In this section, the terms ``FY2021
NDAA'' and ``such Act'' mean the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283).
(b) Technical Corrections to Title XVIII of FY2021 NDAA.--
Title XVIII of the FY2021 NDAA is amended as follows:
(1) Section 1806(a) is amended in paragraph (4) by striking
``Transfer'' and all that follows through ``and amended'' and
inserting the following: ``Restatement of section 2545(1).--
Section 3001 of such title, as added by paragraph (1), is
further amended by inserting after subsection (b), as
transferred and redesignated by paragraph (3), a new
subsection (c) having the text of paragraph (1) of section
2545 of such title, as in effect on the day before the date
of the enactment of this Act, revised''.
(2) Section 1807 is amended--
(A) in subsection (c)(3)(A)--
(i) by striking the semicolon and close quotation marks at
the end of clause (i) and inserting close quotation marks and
a semicolon; and
(ii) by striking ``by any'' in the matter to be inserted by
clause (ii); and
(B) in subsection (e)--
(i) by striking ``of this title'' in the matter to be
inserted by paragraph (2)(B); and
(ii) by striking ``Sections'' in the quoted matter before
the period at the end of paragraph (3) and inserting ``For
purposes of''.
(3) Section 1809(e) is amended by striking subparagraph (B)
of paragraph (2) (including the amendment made by that
subparagraph).
(4) Section 1811 is amended--
(A) in subsection (c)(2)(B), by striking the comma before
the close quotation marks in both the matter to be stricken
and the matter to be inserted;
(B) in subsection (d)(3)(B)--
(i) by striking the dash after ``mobilization'' in the
matter to be inserted by clause (ii) and inserting a
semicolon; and
(ii) by striking the dash after ``center'' in the matter to
be inserted by clause (iv) and inserting ``; or'';
(C) in subsection (d)(4)(D), by striking ``this'' in the
matter to be stricken by clause (ii) and inserting ``This'';
(D) in subsection (d)(5)(A), by striking ``Sources.--The''
and inserting ``Sources.--'' before ``The'';
(E) in subsection (d)(6)(A), in the matter to be inserted--
(i) by striking the close quotation marks after
``Procedures.--''; and
(ii) by striking the comma after ``(7)''; and
(F) in subparagraphs (C)(ii) and (E)(ii) of subsection
(e)(3), by striking ``and (ii)'' each place it appears and
inserting ``and (iii)''.
(5) Section 1813 is amended in subsection (c)(1)(D) by
inserting ``and inserting'' after the first closing quotation
marks.
(6) Section 1816(c)(5) is amended--
(A) in subparagraph (C)--
(i) by striking ``the second sentence'' and inserting ``the
second and third sentences''; and
(ii) by striking ``subsection (d)'' and inserting
``subsections (d) and (e), respectively''; and
(B) by striking subparagraph (G) and inserting the
following:
``(G) in subsection (d), as so designated, by inserting
`Notice of Award.--' before `The head of'; and
``(H) in subsection (e), as so designated, by striking
`This subparagraph does not' and inserting `Exception for
Perishable Subsistence Items.--Subsections (c) and (d) do
not'.''.
(7) Section 1818 is amended by striking the close quotation
marks and second period at the end of subsection (b).
[[Page H4706]]
(8) Section 1820 is amended in subsection (c)(3)(A) by
striking ``section'' in the matter to be deleted.
(9) Section 1833(o)(2) is amended by striking ``Section''
and ``as section'' and inserting ``Sections'' and ``as
sections'', respectively.
(10) Section 1834(h)(2) is amended by striking ``section
3801(1)'' in the matter to be inserted and inserting
``section 3801(a)''.
(11) Section 1845(c)(2) is amended by striking ``section''
in the matter to be stricken and inserting ``sections''.
(12) Section 1856(h) is amended by striking ``subsection
(d)'' and inserting ``subsection (g)''.
(13) Section 1862(c)(2) is amended by striking ``section
4657'' and inserting ``section 4658''.
(14) Section 1866(d) is amended by striking ``4817'' in the
matter to be inserted by paragraph (4)(A)(ii) and inserting
``4818''.
SEC. 1702. CONFORMING CROSS REFERENCE TECHNICAL AMENDMENTS
RELATED TO THE TRANSFER AND REORGANIZATION OF
DEFENSE ACQUISITION STATUTES.
(a) Amendments to Title 10, United States Code.--Title 10,
United States Code, is amended as follows:
(1) Section 171a(i)(3) is amended by striking ``2366a(d)''
and inserting ``4251(d)''.
(2) Section 181(b)(6) is amended by striking ``sections
2366a(b), 2366b(a)(4),'' and inserting ``sections 4251(b),
4252(a)(4),''.
(3) Section 1734(c)(2) is amended by striking ``section
2435(a)'' and inserting ``section 4214(a)''.
(b) Amendments to Laws Classified as Notes in Title 10,
United States Code.--
(1) Section 801(1) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2302
note) is amended by striking ``section 2545'' and inserting
``section 3001''.
(2) Section 323(a) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
10 U.S.C. 2463 note) is amended by striking ``section 235,
2330a, or 2463'' and inserting ``section 2463, 3137, or
4505''.
(3) Section 8065 of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 10 U.S.C. 2540
note), is amended--
(A) by striking ``subchapter VI of chapter 148'' both
places it appears and inserting ``subchapter I of chapter
389''; and
(B) by striking ``section 2540c(d)'' and inserting
``section 4974(d)''.
(c) Amendments to Laws Classified in Title 6, United States
Code (homeland Security).--
(1) Section 831(a) of the Homeland Security Act of 2002 (6
U.S.C. 391(a)) is amended--
(A) in paragraph (1), by striking ``section 2371'' and
inserting ``section 4002''; and
(B) in paragraph (2)--
(i) by striking ``section 845 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160)''
in the first sentence and inserting ``section 4003 of title
10, United States Code''; and
(ii) by striking ``845'' in the second sentence.
(2) Section 853(b) of such Act (6 U.S.C. 423(b)) is amended
by striking paragraphs (1), (2), and (3) and inserting the
following:
``(1) Section 134 of title 41, United States Code.
``(2) Section 153 of title 41, United States Code.
``(3) Section 3015 of title 10, United States Code.''.
(3) Section 855 of such Act (6 U.S.C. 425) is amended--
(A) in subsection (a)(2), by striking subparagraphs (A),
(B), and (C) and inserting the following:
``(A) Sections 1901 and 1906 of title 41, United States
Code.
``(B) Section 3205 of title 10, United States Code.
``(C) Section 3305 of title 41, United States Code.''; and
(B) in subsection (b)(1), by striking ``provided in'' and
all that follows through ``shall not'' and inserting
``provided in section 1901(a)(2) of title 41, United States
Code, section 3205(a)(2) of title 10, United States Code, and
section 3305(a)(2) of title 41, United States Code, shall
not''.
(4) Section 856(a) of such Act (6 U.S.C. 426(a)) is amended
by striking paragraphs (1), (2), and (3) and inserting the
following:
``(1) Federal property and administrative services act of
1949.--In division C of subtitle I of title 41, United States
Code:
``(A) Paragraphs (1), (2), (6), and (7) of subsection (a)
of section 3304 of such title, relating to use of procedures
other than competitive procedures under certain circumstances
(subject to subsection (d) of such section).
``(B) Section 4106 of such title, relating to orders under
task and delivery order contracts.
``(2) Title 10, united states code.--In part V of subtitle
A of title 10, United States Code:
``(A) Paragraphs (1), (2), (6), and (7) of subsection (a)
of section 3204, relating to use of procedures other than
competitive procedures under certain circumstances (subject
to subsection (d) of such section).
``(B) Section 3406, relating to orders under task and
delivery order contracts.
``(3) Office of federal procurement policy act.--Paragraphs
(1)(B), (1)(D), and (2)(A) of section 1708(b) of title 41,
United Sates Code, relating to inapplicability of a
requirement for procurement notice.''.
(5) Section 604(f) of the American Recovery and
Reinvestment Act of 2009 (6 U.S.C. 453b(f)) is amended by
striking ``section 2304(g)'' and inserting ``section 3205''.
(d) Amendments to Title 14, United States Code (coast
Guard).--Title 14, United States Code, is amended as follows:
(1) Section 308(c)(10)(B)(ii) is amended by striking
``section 2547(c)(1)'' and inserting ``section 3104(c)(1)''.
(2) Section 1137(b)(4) is amended by striking ``section
2306b'' and inserting ``subchapter I of chapter 249''.
(3) Section 1906(b)(2) is amended by striking ``chapter
137'' and inserting ``sections 3201 through 3205''.
(e) Amendments to Laws Classified in Title 15, United
States Code (commerce).--
(1) Section 14(a) of the Metric Conversion Act of 1975 (15
U.S.C. 205l(a)) is amended--
(A) in the first sentence, by striking ``set forth in
chapter 137'' and all that follows through ``et seq.),'' and
inserting ``set forth in the provisions of title 10, United
States Code, referred to in section 3016 of such title as
`chapter 137 legacy provisions', section 3453 of such title,
division C (except sections 3302, 3307(e), 3501(b), 3509,
3906, 4710, and 4711) of subtitle I of title 41, United
States Code,'';
(B) in the second sentence, by striking ``under section
2377(c)'' and all that follows through the period and
inserting ``under section 3453(c) of title 10, United States
Code, and section 3307(d) of title 41, United States Code.'';
and
(C) in the third sentence, by striking ``section 2377'' and
all that follows through ``shall take'' and inserting
``section 4324 of title 10, United Sates Code, or section
3307(b) to (d) of title 41, United States Code, then the
provisions of such sections 4324 or 3307(b) to (d) shall
take''.
(2) Section 8 of the Small Business Act (15 U.S.C. 637) is
amended--
(A) in subsection (g)(2), by striking ``section 2304(c)''
and inserting ``section 3204(a)''; and
(B) in subsection (h)--
(i) in paragraph (1)(B), by striking ``chapter 137'' and
inserting ``section 3201 through 3205''; and
(ii) in paragraph (2), by striking ``section 2304(f)(2)''
and ``section 2304(f)(1)'', and inserting ``paragraphs (3)
and (4) of section 3204(e)'' and ``section 3204(e)(1)'',
respectively.
(3) Section 9 of the Small Business Act (15 U.S.C. 638) is
amended in subsection (r)(4)(A) by striking ``section 2304''
and inserting ``sections 3201 through 3205''.
(4) Section 884(a)(2) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92; 15 U.S.C. 638
note) is amended by striking ``section 2500'' and inserting
``section 4801''.
(5) Section 15 of the Small Business Act (15 U.S.C. 644) is
amended--
(A) in subsection (k)--
(i) in paragraph (17)(B), by striking ``section 2318'' and
inserting ``section 3249'';
(ii) in paragraph (17)(C), by striking ``chapter 142'' and
inserting ``chapter 388''; and
(iii) in paragraph (18), by striking ``section 2784'' and
inserting ``section 4754'';
(B) in subsection (r)(2), by striking ``section 2304c(b)''
and inserting ``section 3406(c)''; and
(C) in subsections (u) and (v), by striking ``chapter 142''
and inserting ``chapter 388''.
(6) Section 16 of the Small Business Act (15 U.S.C. 645) is
amended in subsection (d)(3) by striking ``chapter 142'' and
inserting ``chapter 388''.
(7) Section 272 of the National Defense Authorization Act
for Fiscal Years 1988 and 1989 (Public Law 100-180; 15 U.S.C.
4602) is amended in subsection (c) by striking ``section
2306a'' and inserting ``chapter 271''.
(f) Amendments to Titles 32, United States Code (national
Guard) and 37, United States Code (pay and Allowances).--
(1) Section 113 of title 32, United States Code, is amended
in subsection (b)(1)(B) by striking ``section 2304(c)'' and
inserting ``section 3204(a)''.
(2) Section 418 of title 37, United States Code, is amended
in subsection (d)(2)(A)--
(A) by striking ``section 2533a'' and inserting ``section
4862''; and
(B) by striking ``chapter 137 of title 10'' and inserting
``chapter 137 legacy provisions (as such term is defined in
section 3016 of title 10)''.
(g) Amendments to Title 40, United States Code (public
Buildings).--Title 40, United States Code, is amended as
follows:
(1) Section 113(e) is amended--
(A) in paragraph (3)--
(i) by striking ``chapter 137'' and inserting ``section
3063''; and
(ii) by striking ``that chapter;'' and inserting ``the
provisions of that title referred to in section 3016 of such
title as `chapter 137 legacy provisions';''; and
(B) in paragraph (5), by striking ``section 2535'' and
inserting ``section 4881''.
(2) Section 581(f)(1)(A) is amended by striking ``section
2535'' and inserting ``section 4881''.
(h) Amendments to Title 41, United States Code (public
Contracts).--Title 41, United States Code, is amended as
follows:
(1) Section 1127(b) is amended by striking ``section
2324(e)(1)(P)'' and inserting ``section 3744(a)(16)''.
(2) Section 1303(a)(1) is amended by striking ``chapters 4
and 137 of title 10'' and inserting ``chapter 4 of title 10,
chapter 137 legacy provisions (as such term is defined in
section 3016 of title 10)''.
(3) Section 1502(b)(1)(B) is amended by striking ``section
2306a(a)(1)(A)(i)'' and inserting ``section 3702(a)(1)(A)''.
(4) Section 1708(b)(2)(A) is amended by striking ``section
2304(c)'' and inserting ``section 3204(a)''.
(5) Section 1712(b)(2)(B) is amended by striking ``section
2304(c)'' and inserting ``section 3204(a)''.
(6) Section 1901(e)(2) is amended by striking ``section
2304(f)'' and inserting ``section 3204(e)''.
(7) Section 1903 is amended--
(A) in subsection (b)(3), by striking ``section
2304(g)(1)(B)'' and inserting ``section 3205(a)(2)''; and
(B) in subsection (c)(2)(B), by striking ``section 2306a''
and inserting ``chapter 271''.
(8) Section 1907(a)(3)(B)(ii) is amended by striking
``section 2305(e) and (f)'' and inserting ``section 3308''.
[[Page H4707]]
(9) Section 1909(e) is amended by striking ``section 2784''
and inserting ``section 4754''.
(10) Section 2101(2)(A) is amended by striking ``section
2306a(h)'' and inserting ``section 3701''.
(11) Section 2311 is amended by striking ``section 2371''
and inserting ``section 4002''.
(12) Section 3302 is amended--
(A) in subsection (a)(3)--
(i) in subparagraph (A), by striking ``section 2302(2)(C)''
and inserting ``section 3012(3)''; and
(ii) in subparagraph (B), by striking ``sections 2304a to
2304d of title 10,'' and inserting ``chapter 245 of title
10'';
(B) in subsection (c)(1)(A)(i), by striking ``section
2304c(b)'' and inserting ``section 3406(c)''; and
(C) in subsection (d)(1)(B), by striking ``section
2304(f)(1)'' and inserting ``section 3204(e)(1)''.
(13) Section 3307(e)(1) is amended by striking ``chapter
140'' and inserting ``chapter 247''.
(14) Section 4104 is amended--
(A) in subsection (a), by striking ``sections 2304a to
2304d'' and inserting ``chapter 245''; and
(B) in subsection (b)--
(i) in paragraph (1), by striking ``sections 2304a to
2304d'' and inserting ``chapter 245'';
(ii) in paragraph (2)(B), by striking ``section 2304c(b)''
and inserting ``section 3406(c)''; and
(iii) in paragraph (2)(C), by striking ``section 2304c(c)''
and inserting ``section 3406(e)''.
(i) Amendments to Laws Classified as Notes in Title 41,
United States Code.--
(1) Section 555 of the FAA Reauthorization Act of 2018
(Public Law 115-254; 41 U.S.C. preceding 3101 note) is
amended by striking ``section 2305'' in subsections (a)(4)
and (c)(1) and inserting ``sections 3206 through 3208 and
sections 3301 through 3309''.
(2) Section 846(f)(5) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 41 U.S.C. 1901
note) is amended by striking ``section 2304'' and inserting
``sections 3201 through 3205''.
(3) Section 811 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 41 U.S.C. 3304 note)
is amended--
(A) in subsection (a)(3), by striking ``sections
2304(f)(1)(C) and 2304(l)'' and inserting ``sections
3204(e)(1)(C) and 3204(g)''; and
(B) in subsection (c)--
(i) in paragraph (1)(A), by striking ``section
2304(f)(2)(D)(ii)'' and inserting ``section
3204(e)(4)(D)(ii)'';
(ii) in paragraph (2)(A), by striking ``section 2302(1)''
and inserting ``section 3004''; and
(iii) in paragraph (3)(A), by striking ``section
2304(f)(1)(B)'' and inserting ``section 3204(e)(1)(B)''.
(j) Amendments to Laws Classified in Title 42, United
States Code.--
(1) The Public Health Service Act (Public Law 78-410) is
amended--
(A) in section 301(a)(7) (42 U.S.C. 241(a)(7)), by striking
``sections 2353 and 2354'' and inserting ``sections 3861 and
4141''; and
(B) in section 405(b)(1) (42 U.S.C. 284(b)(1)), by striking
``section 2354'' and inserting ``section 3861''.
(2) Section 403(a) of the Housing Amendments of 1955 (42
U.S.C. 1594(a)) is amended by striking ``section 3 of the
Armed Services Procurement Act of 1947'' and inserting
``chapters 221 and 241 of title 10, United States Code''.
(3) Title II of the Department of Housing and Urban
Development-Independent Agencies Appropriations Act, 1986
(Public Law 99-160), is amended by striking ``section 2354''
in the last proviso in the paragraph under the heading
``National Science Foundation -- Research and Related
Activities'' (42 U.S.C. 1887) and inserting ``section 3861''.
(4) Section 306(b)(2) of the Disaster Mitigation Act of
2000 (42 U.S.C. 5206(b)(2)) is amended by striking ``section
2393(c)'' and inserting ``section 4654(c)''.
(5) Section 801(c)(2) of the National Energy Conservation
Policy Act (42 U.S.C. 8287) is amended by striking ``section
2304c(d)'' and all that follows and inserting ``section
3406(d) of title 10, United States Code, and section 4106(d)
of title 41, United States Code.''.
(6) Section 3021(a) of the Energy Policy Act of 1992 (42
U.S.C. 13556) is amended by striking ``chapter 137 of title
10'' and inserting ``chapter 137 legacy provisions (as such
term is defined in section 3016 of title 10, United States
Code)''.
(k) Amendments to Laws Classified in Title 50, United
States Code.--
(1) Section 141(a) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
50 U.S.C. 1521a(a)) is amended by striking ``section 2430''
and inserting ``section 4201''.
(2) Section 502(a) of the National Emergencies Act (50
U.S.C. 1651(a)) is amended by striking paragraphs (1) through
(5) and inserting the following:
``(1) Chapters 1 to 11 of title 40, United States Code, and
division C (except sections 3302, 3307(e), 3501(b), 3509,
3906, 4710, and 4711) of subtitle I of title 41, United
States Code.
``(2) Section 3727(a)-(e)(1) of title 31, United States
Code.
``(3) Section 6305 of title 41, United States Code.
``(4) Public Law 85-804 (Act of Aug. 28, 1958, 72 Stat.
972; 50 U.S.C. 1431 et seq.).
``(5) Section 3201(a) of title 10, United States Code.''.
(3) The Atomic Energy Defense Act is amended as follows:
(A) Sections 4217 and 4311 (50 U.S.C. 2537, 2577) are each
amended in subsection (a)(2) by striking ``section 2432'' and
inserting ``chapter 324''.
(B) Section 4813 (50 U.S.C. 2794) is amended by striking
``section 2500'' in subsection (c)(1)(C) and inserting
``section 4801''.
(4) Section 107 of the Defense Production Act (50 U.S.C.
4517) is amended in subsection (b)(2)(B) by striking clauses
(i) and (ii) and inserting the following:
``(i) section 3203(a)(1)(B) or 3204(a)(3) of title 10,
United States Code;
``(ii) section 3303(a)(1)(B) or 3304(a)(3) of title 41,
United States Code; or''.
(l) Other Amendments.--
(1) Section 1473H of the National Agriculture Advanced
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3319k) is amended by striking ``section 2371'' in
subsections (b)(6)(A) and (d)(1)(B) and inserting ``section
4002''.
(2) Section 1301 of title 17, United States Code, is
amended in subsection (a)(3) by striking ``section 2320'' and
inserting ``subchapter I of chapter 275''.
(3) Section 21 of the Arms Export Control Act (22 U.S.C.
2761) is amended by striking ``chapter 137'' in subsection
(l)(4) and subsection (m)(4) and inserting ``chapter 137
legacy provisions (as such term is defined in section 3016 of
title 10, United States Code)''.
(4) Section 3 of the Foreign Direct Investment and
International Financial Data Improvements Act of 1990 (Public
Law 101-533; 22 U.S.C. 3142) is amended in subsection (c)(2)
by striking ``section 2505'' and inserting ``section 4816''.
(5) Section 3553 of title 31, United States Code, is
amended in subsection (d)(4)(B) by striking ``section
2305(b)(5)(B)(vii)'' and inserting ``section 3304(c)(7)''.
(6) Section 226 of the Water Resources Development Act of
1992 (33 U.S.C. 569f) is amended by striking ``section
2393(c)'' and inserting ``section 4654(c)''.
(7) Section 40728B(e) of title 36, United States Code, is
amended--
(A) striking ``subsection (k) of section 2304'' and
inserting ``section 3201(e)''; and
(B) by striking ``subsection (c) of such section'' and
inserting ``section 3204(a)''.
(8) Section 1427(b) of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 40 U.S.C. 1103
note) is amended by striking ``sections 2304a and 2304b'' and
inserting ``sections 3403 and 3405''.
(9) Section 895(b) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 40 U.S.C. 11103
note) is amended by striking ``section 2366a(d)(7)'' and
inserting ``section 4251(d)(5)''.
(10) Sections 50113(c), 50115(b), and 50132(a) of title 51,
United States Code, are amended by striking ``including
chapters 137 and 140'' and inserting ``including applicable
provisions of chapters 201 through 285, 341 through 343, and
363''.
(11) Section 823(c)(3)(C) of the National Aeronautics and
Space Administration Transition Authorization Act of 2017
(Public Law 115-10; 51 U.S.C. preceding 30301 note) is
amended by striking ``section 2319'' and inserting ``section
3243''.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division and title XLVI of division D may be cited as
the ``Military Construction Authorization Act for Fiscal Year
2022''.
SEC. 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.
SEC. 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.
TITLE XXI--ARMY MILITARY CONSTRUCTION
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
[[Page H4708]]
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Anniston Army Depot........................... $25,000,000
Fort Rucker................................... $66,000,000
Redstone Arsenal.............................. $55,000,000
California..................................... Fort Irwin.................................... $52,000,000
Georgia........................................ Fort Stewart.................................. $100,000,000
Hawaii......................................... West Loch Naval Magazine Annex................ $51,000,000
Kansas......................................... Fort Leavenworth.............................. $34,000,000
Kentucky....................................... Fort Knox..................................... $27,000,000
Louisiana...................................... Fort Polk..................................... $111,000,000
Maryland....................................... Fort Detrick.................................. $23,981,000
Fort Meade.................................... $81,000,000
New Jersey..................................... Armaments Center.............................. $1,800,000
New York....................................... Fort Hamilton................................. $26,000,000
Watervliet Arsenal............................ $20,000,000
Pennsylvania................................... Letterkenny Army Depot........................ $21,000,000
Texas.......................................... Fort Hood..................................... $90,200,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations outside the United States, and in the amounts,
set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Belgium........................................ Shape Headquarters............................ $16,000,000
Germany........................................ Smith Barracks................................ $33,500,000
East Camp Grafenwoehr......................... $103,000,000
Classified Location............................ Classified Location........................... $31,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2103(a) and available for military family housing
functions as specified in the funding table in section 4601,
the Secretary of the Army may construct or acquire family
housing units (including land acquisition and supporting
facilities) at the installation, in the number of units or
for the purpose, and in the amount set forth in the following
table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Italy.................................. Vicenza.................... Family Housing New $92,304,000
Construction............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military family housing functions
as specified in the funding table in section 4601, the
Secretary of the Army may carry out architectural and
engineering services and construction design activities with
respect to the construction or improvement of family housing
units in an amount not to exceed $22,545,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2021, for military construction, land
acquisition, and military family housing functions of the
Department of the Army as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2104. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2017 PROJECT.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328; 130 Stat. 2688), the
authorization set forth in the table in subsection (b), as
provided in section 2101 of that Act (130 Stat. 2689), shall
remain in effect until October 1, 2023, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Army: Extension of 2017 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Wiesbaden Army Airfield... Hazardous Material $2,700,000
Storage Building........
----------------------------------------------------------------------------------------------------------------
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2021 PROJECT.
(a) Modification of Project Authority.--In the case of the
authorization contained in the table in section 2101(a) of
the Military Construction Authorization Act for Fiscal Year
2021 (division B of Public Law 116-283; 134 Stat. _) for Fort
Wainwright, Alaska, for construction of Unaccompanied
Enlisted Personnel Housing, as specified in the funding table
in section 4601 of such Public Law (134 Stat. _), the
Secretary of the Army may construct--
(1) an Unaccompanied Enlisted Personnel Housing building of
104,300 square feet to incorporate a modified standard
design; and
(2) an outdoor recreational shelter, sports fields and
courts, barbecue and leisure area, and fitness stations
associated with the Unaccompanied Enlisted Personnel Housing.
(b) Modification of Project Amounts.--
(1) Division b table.--The authorization table in section
2101(a) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283; 134 Stat.
_) is amended in the item relating to Fort Wainwright,
Alaska, by striking ``$114,000,000'' and
[[Page H4709]]
inserting ``$146,000,000'' to reflect the project
modification made by subsection (a).
(2) Division d table.--The funding table in section 4601 of
Public Law 116-283 (134 Stat. _) is amended in the item
relating to Fort Wainwright Unaccompanied Enlisted Personnel
Housing by striking ``$59,000'' in the Conference Authorized
column and inserting ``$91,000'' to reflect the project
modification made by subsection (a).
SEC. 2106. ADDITIONAL AUTHORIZED FUNDING SOURCE FOR CERTAIN
FISCAL YEAR 2022 PROJECT.
To carry out an unspecified minor military construction
project in the amount of $3,600,000 at Aberdeen Proving
Ground, Maryland, to construct a 6,000 square foot recycling
center to meet the requirements of a qualified recycling
program at the installation, the Secretary of the Army may
use funds available to the Secretary under section
2667(e)(1)(C) of title 10, United States Code, in addition to
funds appropriated for unspecified minor military
construction for the project.
TITLE XXII--NAVY MILITARY CONSTRUCTION
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2203(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona...................................... Marine Corps Air Station Yuma................... $99,600,000
California................................... Air Ground Combat Center Twentynine Palms....... $45,000,000
San Nicolas Island............................. $19,907,000
Guam......................................... Andersen Air Force Base......................... $50,890,000
Joint Region Marianas........................... $507,527,000
Hawaii....................................... Marine Corps Base Kaneohe....................... $101,200,000
North Carolina............................... Cherry Point Marine Corps Air Station........... $321,417,000
Nevada....................................... Naval Air Station Fallon........................ $48,250,000
Virginia..................................... Marine Corps Base Quantico...................... $42,850,000
Naval Station Norfolk........................... $269,693,000
Norfolk Naval Shipyard.......................... $156,380,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2203(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installation outside the United States, and in the amount,
set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Japan......................................... Fleet Activities Yokosuka....................... $49,900,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2203(a) and available for military family housing
functions as specified in the funding table in section 4601,
the Secretary of the Navy may construct or acquire family
housing units (including land acquisition and supporting
facilities) at the installations or locations, in the number
of units or for the purposes, and in the amounts set forth in
the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Location Installation Units or Purpose Amount
----------------------------------------------------------------------------------------------------------------
District of Columbia................... Marine Barracks Washington. Family housing $10,415,000
improvements............
Japan.................................. Fleet Activities Yokosuka.. Family housing $61,469,000
improvements............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2203(a) and available for military family housing functions
as specified in the funding table in section 4601, the
Secretary of the Navy may carry out architectural and
engineering services and construction design activities with
respect to the construction or improvement of family housing
units in an amount not to exceed $3,634,000.
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2021, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy, as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2303(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska......................................... Joint Base Elmendorf-Richardson............. $251,000,000
Arizona........................................ Davis-Monthan Air Force Base................ $13,400,000
Luke Air Force Base......................... $49,000,000
California..................................... Vandenberg Air Force Base................... $67,000,000
Colorado....................................... Schriever Air Force Base.................... $30,000,000
United States Air Force Academy............. $4,360,000
District of Columbia........................... Joint Base Anacostia-Bolling................ $24,000,000
Guam........................................... Joint Region Marianas....................... $85,000,000
Louisiana...................................... Barksdale Air Force Base.................... $272,000,000
[[Page H4710]]
Maryland....................................... Joint Base Andrews.......................... $33,800,000
Massachusetts.................................. Hanscom Air Force Base...................... $66,000,000
Nebraska....................................... Offutt Air Force Base....................... $5,000,000
New Jersey..................................... Joint Base McGuire-Dix-Lakehurst............ $4,500,000
Ohio........................................... Wright-Patterson Air Force Base............. $24,000,000
Oklahoma....................................... Tinker Air Force Base....................... $160,000,000
South Carolina................................. Joint Base Charleston....................... $30,000,000
South Dakota................................... Ellsworth Air Force Base.................... $242,000,000
Texas.......................................... Joint Base San Antonio...................... $192,000,000
Sheppard Air Force Base..................... $20,000,000
Virginia....................................... Joint Base Langley-Eustis................... $24,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2303(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Air Force may acquire
real property and carry out military construction projects
for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia...................................... Royal Australian Air Force Base Darwin...... $7,400,000
Royal Australian Air Force Base Tindal...... $14,400,000
Japan.......................................... Kadena Air Base............................. $206,000,000
Misawa Air Base............................. $25,000,000
United Kingdom................................. Royal Air Force Lakenheath.................. $104,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Improvements to Military Family Housing Units.--Subject
to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of
appropriations in section 2303(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Air Force may improve
existing military family housing units in an amount not to
exceed $105,528,000.
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2303(a) and available for military family housing functions
as specified in the funding table in section 4601, the
Secretary of the Air Force may carry out architectural and
engineering services and construction design activities with
respect to the construction or improvement of family housing
units in an amount not to exceed $10,458,000.
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2021, for military construction, land
acquisition, and military family housing functions of the
Department of the Air Force, as specified in the funding
table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 may not exceed the total
amount authorized to be appropriated under subsection (a), as
specified in the funding table in section 4601.
SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2017 PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328; 130 Stat. 2688), the
authorizations set forth in the table in subsection (b), as
provided in sections 2301 and 2902 of that Act (130 Stat.
2696, 2743), shall remain in effect until October 1, 2023, or
the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2024, whichever is
later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Air Force: Extension of 2017 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State or Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Ramstein Air Base......... 37 AS Squadron Operations/ $13,437,000
Aircraft Maintenance
Unit....................
Spangdahlem Air Base...... F/A-22 Low Observable/ $12,000,000
Composite Repair
Facility................
Spangdahlem Air Base...... Upgrade Hardened Aircraft $2,700,000
Shelters for F/A-22.....
Guam.................................. Joint Region Marianas..... APR - Munitions Storage $35,300,000
Igloos, Phase 2.........
Joint Region Marianas..... APR - SATCOM C4I Facility $14,200,000
Japan................................. Kadena Air Base........... APR - Replace Munitions $19,815,000
Structures..............
Yokota Air Base........... C-130J Corrosion Control $23,777,000
Hangar..................
Yokota Air Base........... Construct Combat Arms $8,243,000
Training and Maintenance
Facility................
Massachusetts......................... Hanscom Air Force Base.... Vandenberg Gate Complex.. $10,965,000
United Kingdom........................ Royal Air Force Croughton. Main Gate Complex........ $16,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT MILITARY
CONSTRUCTION PROJECTS AT TYNDALL AIR FORCE
BASE, FLORIDA.
(a) Fiscal Year 2018 Project.--In the case of the
authorization contained in the table in section 2301(b) of
the Military Construction Authorization Act for Fiscal Year
2018 (division B of Public Law 115-91; 131 Stat. 1825) for
Tyndall Air Force Base, Florida, for construction of a Fire
Station, as specified in the funding table in section 4601 of
that Public Law (131 Stat. 2002), the Secretary of the Air
Force may construct a crash rescue/structural fire station
encompassing up to 3,588 square meters.
(b) Fiscal Year 2020 Projects.--In the case of the
authorization contained in section 2912(a) of the Military
Construction Authorization Act for Fiscal Year 2020 (division
B of Public Law 116-92; 133 Stat. 1913) for Tyndall Air Force
Base, Florida--
(1) for construction of Site Development, Utilities, and
Demo Phase 1, as specified in the Natural Disaster Recovery
Justification Book dated August 2019, the Secretary of the
Air Force may construct--
(A) up to 3,698 lineal meters of waste water utilities;
(B) up to 6,306 lineal meters of storm water utilities; and
(C) two emergency power backup generators;
(2) for construction of Munitions Storage Facilities, as
specified in the Natural Disaster Recovery Justification Book
dated August 2019, the Secretary of the Air Force may
construct--
(A) up to 4,393 square meters of aircraft support equipment
storage yard;
(B) up to 1,535 square meters of tactical missile
maintenance facility; and
[[Page H4711]]
(C) up to 560 square meters of missile warhead assembly and
maintenance shop and storage;
(3) for construction of 53 WEG Complex, as specified in the
Natural Disaster Recovery Justification Book dated August
2019, the Secretary of the Air Force may construct--
(A) up to 1,693 square meters of aircraft maintenance shop;
(B) up to 1,458 square meters of fuel systems maintenance
dock; and
(C) up to 3,471 square meters of group headquarters;
(4) for construction of 53 WEG Subscale Drone Facility, as
specified in the Natural Disaster Recovery Justification Book
dated August 2019, the Secretary of the Air Force may
construct up to 511 square meters of pilotless aircraft shop
in a separate facility;
(5) for construction of CE/Contracting/USACE Complex, as
specified in the Natural Disaster Recovery Justification Book
dated August 2019, the Secretary of the Air Force may
construct--
(A) up to 557 square meters of base engineer storage shed
6000 area; and
(B) up to 183 square meters of non-Air Force administrative
office;
(6) for construction of Logistics Readiness Squadron
Complex, as specified in the Natural Disaster Recovery
Justification Book dated August 2019, the Secretary of the
Air Force may construct--
(A) up to 802 square meters of supply administrative
headquarters;
(B) up to 528 square meters of vehicle wash rack; and
(C) up to 528 square meters of vehicle service rack;
(7) for construction of Fire Station Silver Flag #4, as
specified in the Natural Disaster Recovery Justification Book
dated August 2019, the Secretary of the Air Force may
construct up to 651 square meters of fire station;
(8) for construction of AFCEC RDT&E, as specified in the
Natural Disaster Recovery Justification Book dated August
2019, the Secretary of the Air Force may construct--
(A) up to 501 square meters of CE Mat Test Runway Support
Building;
(B) up to 1,214 square meters of Robotics Range Control
Support Building; and
(C) up to 953 square meters of fire garage;
(9) for construction of Flightline-Munitions Storage, 7000
Area, as specified in the funding table in section 4603 of
that Public Law (133 Stat. 2103), the Secretary of the Air
Force may construct--
(A) up to 1,861 square meters of above ground magazines;
and
(B) up to 530 square meters of air support equipment shop/
storage facility pad;
(10) for construction of Site Development, Utilities and
Demo Phase 2, as specified in such funding table and modified
by section 2306(a)(6) of the Military Construction
Authorization Act for Fiscal Year 2021 (division B of Public
Law 116-283; 134 Stat. _), the Secretary of the Air Force may
construct--
(A) up to 5,233 lineal meters of storm water utilities;
(B) up to 48,560 square meters of roads;
(C) up to 3,612 lineal meters of gas pipeline; and
(D) up to 993 square meters of water fire pumping station
with an emergency backup generator;
(11) for construction of Tyndall AFB Gate Complexes, as
specified in such funding table and modified by section
2306(a)(9) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116-283; 134 Stat.
_), the Secretary of the Air Force may construct--
(A) up to 52,694 square meters of roadway with serpentines;
and
(B) up to 20 active/passive barriers;
(12) for construction of Deployment Center/Flight Line
Dining/AAFES, as specified in such funding table and modified
by section 2306(a)(11) of the Military Construction
Authorization Act for Fiscal Year 2021 (division B of Public
Law 116-283; 134 Stat. _), the Secretary of the Air Force may
construct up to 144 square meters of AAFES shoppette;
(13) for construction of Airfield Drainage, as specified in
such funding table and modified by section 2306(a)(12) of the
Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. _), the
Secretary of the Air Force may construct--
(A) up to 37,357 meters of drainage ditch;
(B) up to 18,891 meters of storm drain piping;
(C) up to 19,131 meters of box culvert;
(D) up to 3,704 meters of concrete block swale;
(E) up to 555 storm drain structures; and
(F) up to 81,500 square meters of storm drain ponds; and
(14) for construction of 325th Fighting Wing HQ Facility,
as specified in such funding table and modified by section
2306(a)(13) of the Military Construction Authorization Act
for Fiscal Year 2021 (division B of Public Law 116-283; 134
Stat. _), the Secretary of the Air Force may construct up to
769 square meters of separate administrative space for SAPR/
SARC.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Marine Corps Base Camp Pendleton............... $13,600,000
Naval Base Coronado............................ $54,200,000
Colorado..................................... Buckley Air Force Base......................... $20,000,000
Georgia...................................... Fort Benning................................... $62,000,000
Hawaii....................................... Joint Base Pearl Harbor-Hickam................. $29,800,000
Maryland..................................... Fort Meade..................................... $1,201,000,000
New Mexico.................................. Kirtland Air Force Base........................ $8,600,000
Virginia..................................... Fort Belvoir................................... $29,800,000
Pentagon....................................... $50,543,000
Washington................................... Naval Health Clinic Oak Harbor................. $59,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installation or location outside the United States, and in
the amount, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany...................................... Ramstein Air Base............................. $93,000,000
Japan........................................ Kadena Air Base............................... $24,000,000
Misawa Air Base............................... $6,000,000
United Kingdom............................... Royal Air Force Lakenheath.................... $19,283,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION
INVESTMENT PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects as
specified in the funding table in section 4601, the Secretary
of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama...................................... Fort Rucker................................... $24,000,000
California................................... Marine Corps Air Station Miramar.............. $4,054,000
[[Page H4712]]
Naval Air Weapons Station China Lake.......... $9,120,000
District of Columbia......................... Joint Base Anacostia-Bolling.................. $31,261,000
Florida..................................... MacDill Air Force Base........................ $22,000,000
Georgia...................................... Fort Benning.................................. $17,593,000
Fort Stewart.................................. $22,000,000
Kings Bay Naval Submarine Base................ $19,314,000
Guam......................................... Naval Base Guam............................... $38,300,000
Idaho........................................ Mountain Home Air Force Base.................. $33,800,000
Michigan..................................... Camp Grayling................................. $5,700,000
Mississippi.................................. Camp Shelby................................... $45,655,000
New York..................................... Fort Drum..................................... $27,000,000
North Carolina............................... Fort Bragg.................................... $27,169,000
North Dakota................................. Cavalier Air Force Station.................... $24,150,000
Ohio......................................... Springfield-Beckley Municipal Airport......... $4,700,000
Puerto Rico.................................. Fort Allen.................................... $12,190,000
Ramey Unit School............................. $10,120,000
Tennessee.................................... Memphis International Airport................. $4,870,000
Virginia..................................... National Geospatial Intelligence Agency $5,299,000
Springfield..................................
Various Locations............................. $2,965,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects as
specified in the funding table in section 4601, the Secretary
of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Japan........................................ Naval Air Facility Atsugi..................... $3,810,000
Kuwait....................................... Camp Arifjan.................................. $15,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2021, for military construction, land
acquisition, and military family housing functions of the
Department of Defense (other than the military departments),
as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2404. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2017 PROJECT.
(a) Extension.--Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328; 130 Stat. 2688), the
authorization set forth in the table in subsection (b), as
provided in section 2401 of that Act (130 Stat. 2700), shall
remain in effect until October 1, 2023, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2024, whichever is later.
(b) Table.--The table referred to in subsection (a) is as
follows:
Defense Agencies: Extension of 2017 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Japan................................. Yokota Air Base........... Hanger/AMU............... $39,466,000
----------------------------------------------------------------------------------------------------------------
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
Program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2021, for contributions
by the Secretary of Defense under section 2806 of title 10,
United States Code, for the share of the United States of the
cost of projects for the North Atlantic Treaty Organization
Security Investment Program authorized by section 2501 as
specified in the funding table in section 4601.
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
(a) Authority to Accept Projects.--Pursuant to agreement
with the Republic of Korea for required in-kind
contributions, the Secretary of Defense may accept military
construction projects for the installations or locations in
the Republic of Korea, and in the amounts, set forth in the
following table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Camp Humphreys......... Unaccompanied Enlisted $52,000,000
Personnel Housing.....
Army................................. Camp Humphreys......... Type I Aircraft Parking $48,000,000
Apron and Parallel
Taxiway...............
Army................................. Camp Humphreys......... Black Hat Intelligence $149,000,000
Fusion Center.........
Navy................................. Mujuk.................. Expeditionary Dining $10,200,000
Facility..............
Air Force............................ Gimhae Air Base........ Repair Contingency $75,000,000
Hospital..............
Air Force............................ Osan Air Base.......... Munitions Storage Area $171,000,000
Move Delta (Phase 2)..
----------------------------------------------------------------------------------------------------------------
[[Page H4713]]
(b) Authorized Approach to Certain Construction Project.--
Section 2350k of title 10, United States Code, shall apply
with respect to the construction of the Black Hat
Intelligence Fusion Center at Camp Humphreys, Republic of
Korea, as set forth in the table in subsection (a).
SEC. 2512. REPUBLIC OF POLAND FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Poland for
required in-kind contributions, the Secretary of Defense may
accept military construction projects for the installations
or locations in the Republic of Poland, and in the amounts,
set forth in the following table:
Republic of Poland Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................. Poznan................. Command and Control $30,000,000
Facility..............
Army................................. Poznan................. Information Systems $7,000,000
Facility..............
----------------------------------------------------------------------------------------------------------------
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army National Guard installations or locations inside the
United States, and in the amounts, set forth in the following
table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................. Beale Air Force Base............................. $33,000,000
Connecticut................................. National Guard Armory Putnam..................... $17,500,000
Georgia..................................... Fort Benning..................................... $13,200,000
Guam........................................ Barrigada National Guard Complex................. $34,000,000
Idaho....................................... National Guard Armory Jerome..................... $15,000,000
Illinois.................................... National Guard Armory Bloomington................ $15,000,000
Kansas...................................... National Guard Reserve Center.................... $16,732,000
Louisiana................................... Camp Minden...................................... $13,800,000
National Guard Armory Lake Charles............... $18,500,000
Maine....................................... National Guard Armory Saco....................... $21,200,000
Michigan.................................... Camp Grayling.................................... $16,000,000
Mississippi................................. Camp Shelby...................................... $15,500,000
Montana..................................... National Guard Armory Butte...................... $16,000,000
Nebraska.................................... Camp Ashland..................................... $11,000,000
North Dakota................................ North Dakota Army National Guard Recruiting...... $15,500,000
South Carolina.............................. McEntire Joint National Guard Base............... $9,000,000
Virginia.................................... National Guard Armory Troutville................. $13,000,000
National Guard Aviation Support Facility......... $5,805,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army Reserve installations or locations inside the United
States, and in the amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Michigan...................................... Army Reserve Center Southfield................. $12,000,000
Ohio.......................................... Wright-Patterson Air Force Base................ $19,000,000
Wisconsin..................................... Fort McCoy..................................... $94,600,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
Navy Reserve and Marine Corps Reserve installations or
locations inside the United States, and in the amounts, set
forth in the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Michigan...................................... Naval Operational Support Center Battle Creek.. $49,090,000
Minnesota..................................... Minneapolis Air Reserve Station................ $14,350,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
Air National Guard installations or locations inside the
United States, and in the amounts, set forth in the following
table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Massachusetts................................. Barnes Air National Guard Base................. $12,200,000
[[Page H4714]]
Delaware...................................... Newcastle Air National Guard Base.............. $17,500,000
Idaho......................................... Boise Air Terminal............................. $6,500,000
Illinois...................................... Abraham Capital Airport........................ $10,200,000
Michigan...................................... Alpena County Regional Airport................. $23,000,000
W. K. Kellogg Regional Airport................. $10,000,000
Mississippi................................... Jackson International Airport.................. $9,300,000
New York...................................... Schenectady Municipal Airport.................. $10,800,000
Ohio.......................................... Camp Perry..................................... $7,800,000
South Carolina................................ McEntire Joint National Guard Base............. $9,800,000
South Dakota.................................. Joe Foss Field................................. $9,800,000
Wisconsin..................................... Truax Field.................................... $44,200,000
Wyoming....................................... Cheyenne Municipal Airport..................... $13,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations inside the United States, and in the amounts,
set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Florida....................................... Homestead Air Force Reserve Base............... $14,000,000
Patrick Air Force Base......................... $18,500,000
Minnesota..................................... Minneapolis-St. Paul International Airport..... $14,000,000
New York...................................... Niagara Falls Air Reserve Station.............. $10,600,000
Ohio.......................................... Youngstown Air Reserve Station................. $8,700,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD
AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2021, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), as specified in the funding table
in section 4601.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE
REALIGNMENT AND CLOSURE ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2021, for base
realignment and closure activities, including real property
acquisition and military construction projects, as authorized
by the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
and funded through the Department of Defense Base Closure
Account established by section 2906 of such Act (as amended
by section 2711 of the Military Construction Authorization
Act for Fiscal Year 2013 (division B of Public Law 112-239;
126 Stat. 2140)), as specified in the funding table in
section 4601.
SEC. 2702. CONDITIONS ON CLOSURE OF PUEBLO CHEMICAL DEPOT AND
CHEMICAL AGENT-DESTRUCTION PILOT PLANT,
COLORADO.
(a) Submission of Final Closure and Disposal Plans.--
(1) Plans required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Army shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives--
(A) a plan for the final closure of Pueblo Chemical Depot,
Colorado, upon the completion of the chemical
demilitarization mission of the Chemical Agent-Destruction
Pilot Plant at Pueblo Chemical Depot; and
(B) a plan for the disposal of all remaining land,
buildings, facilities, and equipment at Pueblo Chemical
Depot.
(2) Local redevelopment authority role.--In preparing the
disposal plan required by paragraph (1)(B), the Secretary of
the Army shall recognize the appropriate role of the Local
Redevelopment Authority.
(3) Definition.--In this section, the term ``Local
Redevelopment Authority'' means the Local Redevelopment
Authority for Pueblo Chemical Depot, as recognized by the
Office of Local Defense Community Cooperation.
(b) Local Redevelopment Authority Eligibility for
Assistance.--The Secretary of Defense, acting through the
Office of Local Defense Community Cooperation, may make
grants, conclude cooperative agreements, and supplement other
Federal funds in order to assist the Local Redevelopment
Authority in planning community adjustments and economic
diversification required by the closure of Pueblo Chemical
Depot and the Chemical Agent-Destruction Pilot Plant if the
Secretary determines that the closure is likely to have a
direct and significantly adverse consequence on nearby
communities.
(c) General Closure, Realignment, and Disposal
Prohibition.--
(1) Prohibition; certain recipient excepted.--During the
period specified in paragraph (2), the Secretary of the Army
shall take no action--
(A) to close or realign Pueblo Chemical Depot or the
Chemical Agent-Destruction Pilot Plant; or
(B) to dispose of any land, building, facility, or
equipment that comprises any portion of Pueblo Chemical Depot
or the Chemical Agent-Destruction Pilot Plant other than to
the Local Redevelopment Authority.
(2) Duration.--The prohibition imposed by paragraph (1)
shall apply pending a final closure and disposal decision for
Pueblo Chemical Depot following submission of the final
closure and disposal plans required by subsection (a).
(d) Prohibition on Demolition or Disposal Related to
Chemical Agent-Destruction Pilot Plant.--
(1) Prohibition; certain recipient excepted.--During the
period specified in paragraph (4), the Secretary of the Army
may not--
(A) demolish any building, facility, or equipment described
in paragraph (2) that comprises any portion of the Chemical
Agent-Destruction Pilot Plant; or
(B) dispose of such building, facility, or equipment other
than to the Local Redevelopment Authority.
(2) Covered buildings, facilities, and equipment.--The
prohibition imposed by paragraph (1) shall apply to the
following:
(A) Any building, facility, or equipment where chemical
munitions were present, but where contamination did not
occur, which are considered by the Secretary of the Army as
clean, safe, and acceptable for reuse by the public, after a
risk assessment by the Secretary.
(B) Any building, facility, or equipment that was not
contaminated by chemical munitions and that was without the
potential to be contaminated, such as office buildings, parts
warehouses, or utility infrastructure, which are considered
by the Secretary of the Army as suitable for reuse by the
public.
(3) Exception.--The prohibition imposed by paragraph (1)
shall not apply to any building, facility, or equipment
otherwise described in paragraph (2) for which the Local
Redevelopment Authority provides to the Secretary of the Army
a written determination specifying that the building,
facility, or equipment is not needed for community adjustment
and economic diversification following the closure of the
Chemical Agent-Destruction Pilot Plant.
(4) Duration.--The prohibition imposed by paragraph (1)
shall apply for a period of not less than three years
beginning on the date of the enactment of this Act.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
SEC. 2801. SPECIAL CONSTRUCTION AUTHORITY TO USE OPERATION
AND MAINTENANCE FUNDS TO MEET CERTAIN UNITED
STATES MILITARY-RELATED CONSTRUCTION NEEDS IN
FRIENDLY FOREIGN COUNTRIES.
Section 2804 of title 10, United States Code, is amended to
read as follows:
``Sec. 2804. Special construction authority for certain
military-related construction needs in friendly foreign
countries
``(a) Construction Authorized.--The Secretary concerned may
carry out a construction project in a friendly foreign
country, and perform planning and design to support such a
[[Page H4715]]
project, that the Secretary determines meets each of the
following conditions:
``(1) The commander of the geographic combatant command in
which the construction project will be carried out identified
the construction project as necessary to support vital United
States military requirements related to strategic laydown
opportunities at an air port of debarkation, sea port of
debarkation, or rail or other logistics support location.
``(2) The construction project will not carried out at a
military installation that is considered a main operating
base.
``(3) The use of construction authority under this section
is not duplicative of other construction authorities
available to the Secretary concerned to carry out the
construction project.
``(4) The funds made available under the authority of this
section for the construction project--
``(A) will be sufficient to produce a complete and usable
facility or other improvement or complete the repair of an
existing facility or improvement; to and
``(B) will not require additional funds from other
Department of Defense accounts.
``(5) The level of construction will be the minimum
necessary to meet the vital military requirements identified
under paragraph (1).
``(6) Deferral of the construction project pending
inclusion of the project proposal in the next budget
submission is inconsistent with the vital military
requirements identified under paragraph (1) and other
national security or national interests of the United States.
``(b) Use of Operation and Maintenance Funds.--The
Secretary concerned may obligate from appropriations
available to the Secretary concerned for operation and
maintenance amounts necessary to carry out a covered
construction project.
``(c) Notification of Proposed Obligation of Funds.--
``(1) Notification required.--Before using appropriated
funds available for operation and maintenance to carry out a
covered construction project that has an estimated cost in
excess of the amounts authorized for unspecified minor
military construction projects under section 2805(c) of this
title, the Secretary concerned shall submit to the specified
congressional committees the following notices:
``(A) A notice regarding the proposed initiation of
planning and design for the covered construction project.
``(B) A notice regarding the proposed solicitation of a
contract for the covered construction project.
``(2) Notification elements.--The notices required by
paragraph (1) with regard to a covered construction project
shall include the following:
``(A) A certification that the conditions specified in
subsection (a) are satisfied with regard to the covered
construction project.
``(B) A description of the purpose for which appropriated
funds available for operation and maintenance will be
obligated.
``(C) All relevant documentation detailing the covered
construction project, including planning and design.
``(D) An estimate of the total amount to be obligated for
the covered construction project.
``(E) An explanation of the harm to national security or
national interests that would occur if the covered
construction project was deferred to permit inclusion in the
next budget submission.
``(3) Notice and wait.--A covered construction project may
be carried out only after the end of the 30-day period
beginning on the date the second notice required by paragraph
(1) is received by the specified congressional committees,
including when a copy of the notification is provided in an
electronic medium pursuant to section 480 of this title.
``(4) Effect of failure to submit notifications.--If the
notices required by paragraph (1) with regard to a covered
construction project are not submitted to the specified
congressional committees by the required date, appropriated
funds available for operation and maintenance may not be
obligated or expended after that date under the authority of
this section to carry out covered construction projects until
the date on which all late notices are finally submitted.
``(d) Annual Limitations on Use of Authority.--
``(1) Total cost limitation.--For each fiscal year, the
total cost of the covered construction projects carried out
by each Secretary concerned using, in whole or in part,
appropriated funds available for operation and maintenance
shall not exceed $50,000,000.
``(2) Additional obligation authority.--Notwithstanding
paragraph (1), the Secretary of Defense may authorize the
obligation under this section of not more than an additional
$10,000,000 of appropriated funds available for operation and
maintenance for a fiscal year if the Secretary determines
that the additional funds are needed for costs associated
with contract closeouts.
``(3) Project limitation.--The total amount of operation
and maintenance funds used for a single covered construction
project shall not exceed $10,000,000.
``(e) Relation to Other Authorities.--This section, section
2805 of this title, and section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108-136; 117 Stat. 1723) are the only
authorities available to the Secretary concerned to use
appropriated funds available for operation and maintenance to
carry out construction projects.
``(f) Definitions.--In this section:
``(1) The term `covered construction project' means a
construction project meeting the conditions specified in
subsection (a) that the Secretary concerned may carry out
using appropriated funds available for operation and
maintenance under the authority of this section.
``(2) The term `specified congressional committees' means--
``(A) the Committee on Armed Services and the Subcommittee
on Defense and the Subcommittee on Military Construction,
Veterans Affairs, and Related Agencies of the Committee on
Appropriations of the Senate; and
``(B) the Committee on Armed Services and the Subcommittee
on Defense and the Subcommittee on Military Construction,
Veterans Affairs, and Related Agencies of the Committee on
Appropriations of the House of Representatives.
``(g) Duration.--The authority of the Secretary concerned
to commence a covered construction project under the
authority of this section shall expire on September 30,
2026.''.
SEC. 2802. INCREASE IN MAXIMUM AMOUNT AUTHORIZED FOR USE OF
UNSPECIFIED MINOR MILITARY CONSTRUCTION PROJECT
AUTHORITY.
Section 2805(a)(2) of title 10, United States Code, is
amended by striking ``$6,000,000'' and inserting
``$8,000,000''.
SEC. 2803. INCREASED TRANSPARENCY AND PUBLIC AVAILABILITY OF
INFORMATION REGARDING SOLICITATION AND AWARD OF
SUBCONTRACTS UNDER MILITARY CONSTRUCTION
CONTRACTS.
(a) Availability of Certain Information Relating to
Military Construction Subcontracts.--Section 2851 of title
10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Information and Notice Requirements Regarding
Solicitation and Award of Subcontracts.--(1) The recipient of
a contract for a construction project described in subsection
(c)(1) to be carried out in a State shall make publicly
available on a website of the General Services Administration
or the Small Business Administration, as applicable, any
solicitation made by the contract recipient under the
contract for a subcontract with an estimated value of
$250,000 or more.
``(2) The Secretary of Defense shall--
``(A) maintain on the Internet site required by subsection
(c)(1) information regarding the solicitation date and award
date (or anticipated date) for each subcontract described in
paragraph (1);
``(B) submit written notice of the award of the original
contract for a project described in subsection (c)(1) to be
carried out in a State, and each subcontract described in
paragraph (1) under the contract, to each State agency that
enforces workers' compensation or minimum wage laws in the
State in which the contract or subcontract will be carried
out; and
``(C) in the case of the award of a contract for a project
described in subsection (c)(1) to be carried out in a State,
and any subcontract described in paragraph (1) under the
contract, with an estimated value of $2,000,000 or more,
submit written notice of the award of the contract or
subcontract within 30 days after the award to each Senator of
the State in which the contract or subcontract will be
carried out and the Member of the House of Representatives
representing the congressional district in which the contract
or subcontract will be carried out.
``(3) In this subsection:
``(A) The term `Member of the House of Representatives'
includes a Delegate to the House of Representatives and the
Resident Commissioner from Puerto Rico.
``(B) The term `State' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
``(e) Exclusion of Classified Projects.--Subsections (c)
and (d) do not apply to a classified construction project
otherwise described in subsection (c)(1).''.
(b) Applicability.--Subsection (d) of section 2851 of title
10, United States Code, as added by subsection (a)(2), shall
apply with respect to a contract for a construction project
described in subsection (c)(1) of such section that--
(1) is entered into on or after the date of the enactment
of this Act; or
(2) was entered into before the date of the enactment of
this Act, if the first solicitation made by the contract
recipient under the contract for a subcontract with an
estimated value of $250,000 or more is made on or after the
date of the enactment of this Act.
SEC. 2804. PUBLIC AVAILABILITY OF INFORMATION ON FACILITIES
SUSTAINMENT, RESTORATION, AND MODERNIZATION
PROJECTS AND ACTIVITIES.
Section 2851(c)(1) of title 10, United States Code, is
amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
(2) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) Each military department project or activity with a
total cost in excess of $15,000,000 for Facilities
Sustainment, Restoration, and Modernization.''; and
(3) in subparagraph (F), as so redesignated, by inserting
after ``construction project'' the following: ``, military
department Facilities Sustainment, Restoration, and
Modernization project or activity,''.
SEC. 2805. LIMITATIONS ON AUTHORIZED COST AND SCOPE OF WORK
VARIATIONS.
(a) Process for Approving Certain Exceptions;
Limitations.--Subsections (c) and (d) of section 2853 of
title 10, United States Code, are amended to read as follows:
``(c) Exceptions to Limitation on Cost Variations and Scope
of Work Reductions.--(1)(A) Except as provided in
subparagraph (D), the Secretary concerned may waive the
percentage or dollar cost limitation applicable to a military
construction project or a military family
[[Page H4716]]
housing project under subsection (a) and approve an increase
in the cost authorized for the project in excess of that
limitation if the Secretary concerned notifies the
appropriate committees of Congress of the cost increase in
the manner provided in this paragraph.
``(B) The notification required by subparagraph (A) shall--
``(i) identify the amount of the cost increase and the
reasons for the increase;
``(ii) certify that the cost increase is sufficient to meet
the mission requirement identified in the justification data
provided to Congress as part of the request for authorization
of the project; and
``(iii) describe the funds proposed to be used to finance
the cost increase.
``(C) A waiver and approval by the Secretary concerned
under subparagraph (A) shall take effect only after the end
of the 14-day period beginning on the date on which the
notification required by such subparagraph is received by the
appropriate committees of Congress in an electronic medium
pursuant to section 480 of this title.
``(D) The Secretary concerned may not use the authority
provided by subparagraph (A) to waive the cost limitation
applicable to a military construction project or a military
family housing project and approve an increase in the cost
authorized for the project that would increase the project
cost by more than 50 percent of the total authorized cost of
the project.
``(E) In addition to the notification required by this
paragraph, subsection (f) applies whenever a military
construction project or military family housing project with
a total authorized cost greater than $40,000,000 will have a
cost increase of 25 percent or more. Subsection (f) may not
be construed to authorize a cost increase in excess of the
limitation imposed by subparagraph (D).
``(2)(A) The Secretary concerned may waive the percentage
or dollar cost limitation applicable to a military
construction project or a military family housing project
under subsection (a) and approve a decrease in the cost
authorized for the project in excess of that limitation if
the Secretary concerned notifies the appropriate committees
of Congress of the cost decrease not later than 14 days after
the date funds are obligated in connection with the project.
``(B) The notification required by subparagraph (A) shall
be provided in an electronic medium pursuant to section 480
of this title.
``(3)(A) The Secretary concerned may waive the limitation
on a reduction in the scope of work applicable to a military
construction project or a military family housing project
under subsection (b)(1) and approve a scope of work reduction
for the project in excess of that limitation if the Secretary
concerned notifies the appropriate committees of Congress of
the reduction in the manner provided in this paragraph.
``(B) The notification required by subparagraph (A) shall--
``(i) describe the reduction in the scope of work and the
reasons for the decrease; and
``(ii) certify that the mission requirement identified in
the justification data provided to Congress can still be met
with the reduced scope.
``(C) A waiver and approval by the Secretary concerned
under subparagraph (A) shall take effect only after the end
of the 14-day period beginning on the date on which the
notification required by such subparagraph is received by the
appropriate committees of Congress in an electronic medium
pursuant to section 480 of this title.
``(d) Exceptions to Limitation on Scope of Work
Increases.--(1) Except as provided in paragraph (4), the
Secretary concerned may waive the limitation on an increase
in the scope of work applicable to a military construction
project or a military family housing project under subsection
(b)(1) and approve an increase in the scope of work for the
project in excess of that limitation if the Secretary
concerned notifies the appropriate committees of Congress of
the reduction in the manner provided in this subsection.
``(2) The notification required by paragraph (1) shall
describe the increase in the scope of work and the reasons
for the increase.
``(3) A waiver and approval by the Secretary concerned
under paragraph (1) shall take effect only after the end of
the 14-day period beginning on the date on which the
notification required by such paragraph is received by the
appropriate committees of Congress in an electronic medium
pursuant to section 480 of this title.
``(4) The Secretary concerned may not use the authority
provided by paragraph (1) to waive the limitation on an
increase in the scope of work applicable to a military
construction project or a military family housing project and
approve an increase in the scope of work for the project that
would increase the scope of work by more than 10 percent of
the amount specified for the project in the justification
data provided to Congress as part of the request for
authorization of the project.''.
(b) Conforming Amendment Related to Calculating Limitation
on Cost Variations.--Section 2853(a) of title 10, United
States Code, is amended by striking ``the amount appropriated
for such project'' and inserting ``the total authorized cost
of the project''
(c) Clerical Amendments.--Section 2853 of title 10, United
States Code, is further amended--
(1) in subsection (a), by inserting ``Cost Variations
Authorized; Limitation.--'' after the enumerator ``(a)'';
(2) in subsection (b), by inserting ``Scope of Work
Variations Authorized; Limitation.--'' after the enumerator
``(b)'';
(3) in subsection (e), by inserting ``Additional Cost
Variation Exceptions.--'' after the enumerator ``(e)'';
(4) in subsection (f), by inserting ``Additional Reporting
Requirement for Certain Cost Increases.--'' after the
enumerator ``(f)''; and
(5) in subsection (g), by inserting ``Relation to Other
Law.--'' after the enumerator ``(g)''.
SEC. 2806. USE OF QUALIFIED APPRENTICES BY MILITARY
CONSTRUCTION CONTRACTORS.
(a) Establishment of Apprenticeship Use Certification
Requirement.--Subchapter III of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2870. Use of qualified apprentices by military
construction contractors
``(a) Certification Required.--The Secretary of Defense
shall require each offeror for a contract for a military
construction project to certify to the Secretary that, if
awarded such a contract, the offeror will--
``(1) establish a goal that not less than 20 percent of the
total workforce employed in the performance of such a
contract are qualified apprentices; and
``(2) ensure that each contractor and subcontractor that
employs four or more workers in a particular classification
to perform construction activities on such a contract shall
employ one or more qualified apprentices in the same
classification for the purpose of meeting the goal
established pursuant to paragraph (1).
``(b) Incentives.--The Secretary of Defense shall develop
incentives for offerors for a contract for military
construction projects to meet or exceed the goal described in
subsection (a).
``(c) Consideration of Use of Qualified Apprentices.--
``(1) Revision required.--Not later than one year after the
date of the enactment of this section, the Secretary of
Defense shall revise the Department of Defense Supplement to
the Federal Acquisition Regulation to require that the system
used by the Federal Government to monitor or record
contractor past performance includes an analysis of whether
the contractor has made a good faith effort to meet or exceed
the goal described in subsection (a), including consideration
of the actual number of qualified apprentices used by the
contractor on a contract for a military construction project,
as part of the past performance rating of such contractor.
``(2) Implementation.--Upon revision of the Department of
Defense Supplement to the Federal Acquisition Regulation,
contractors working on a military construction project shall
submit to the Department of Defense such reports or
information as required by the Secretary, which may include
total labor hours to be performed on a contract for a
military construction project, the number of qualified
apprentices to be employed on a contract for a military
construction project, and demographic information on
nontraditional apprentice populations.
``(d) Qualified Apprentice Defined.--In this section, the
term `qualified apprentice' means an employee participating
in an apprenticeship program registered with the Office of
Apprenticeship of the Employment Training Administration of
the Department of Labor or a State apprenticeship agency
recognized by the Office of Apprenticeship pursuant to the
Act of August 16, 1937 (popularly known as the National
Apprenticeship Act; 29 U.S.C. 50 et seq.).
``(e) Apprentice-to-Journeyworker Ratio.--Nothing in this
section shall relieve a contractor or subcontractor on a
military construction project of the obligation of the
contractor or subcontractor to comply with all applicable
requirements for apprentice-to-journeyworker ratios
established by the Department of Labor or the State
Apprenticeship Agency, whichever applies in the State in
which the military construction project is carried out.
``(f) Applicability.--Subsection (a) shall apply with
respect to each military construction project whose first
advertisement for bid occurs on or after the end of the one-
year period beginning on the date of the enactment of this
section.''.
(b) Reports to Congress.--Not later than three months after
the date of the enactment of this Act, nine months after the
date of the enactment of this Act, and upon revision of the
Department of Defense Supplement to the Federal Acquisition
Regulation required by subsection (c) of section 2870 of
title 10, United States Code, as added by subsection (a), the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report providing a status update on the implementation of the
requirements of such section. Each status update shall
identify major milestones in such implementation, challenges
to such implementation, and such other information as the
Secretary considers appropriate.
SEC. 2807. MODIFICATION AND EXTENSION OF TEMPORARY, LIMITED
AUTHORITY TO USE OPERATION AND MAINTENANCE
FUNDS FOR CONSTRUCTION PROJECTS IN CERTAIN
AREAS OUTSIDE THE UNITED STATES.
(a) Two-year Extension of Authority.--Subsection (h) of
section 2808 of the Military Construction Authorization Act
for Fiscal Year 2004 (division B of Public Law 108-136; 117
Stat. 1723), as most recently amended by section 2806(a) of
the Military Construction Authorization Act for Fiscal Year
2021 (division B of Public Law 116-283; 134 Stat. __), is
further amended--
(1) in paragraph (1), by striking ``December 31, 2021'' and
inserting ``December 31, 2023''; and
(2) paragraph (2), by striking ``fiscal year 2022'' and
inserting ``fiscal year 2024''.
(b) Continuation of Limitation on Use of Authority.--
Subsection (c)(1) of section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108-136; 117 Stat. 1723), as most recently
amended by
[[Page H4717]]
subsections (b) and (c) of section 2806 of the Military
Construction Authorization Act for Fiscal Year 2021 (division
B of Public Law 116-283; 134 Stat. __), is further amended--
(1) by striking subparagraphs (A) and (B);
(2) by redesignating subparagraph (C) as subparagraph (A);
and
(3) by adding at the end the following new subparagraphs:
``(B) The period beginning October 1, 2021, and ending on
the earlier of December 31, 2022, or the date of the
enactment of an Act authorizing funds for military activities
of the Department of Defense for fiscal year 2023.
``(C) The period beginning October 1, 2022, and ending on
the earlier of December 31, 2023, or the date of the
enactment of an Act authorizing funds for military activities
of the Department of Defense for fiscal year 2024.''.
(c) Establishment of Project Monetary Limitation.--
Subsection (c) of section 2808 of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108-136; 117 Stat. 1723) is amended by adding at the end
the following new paragraph:
``(3) The total amount of operation and maintenance funds
used for a single construction project carried out under the
authority of this section shall not exceed $15,000,000.''.
(d) Modification of Notice and Wait Requirement.--
Subsection (b) of section 2808 of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108-136; 117 Stat. 1723) is amended--
(1) by striking ``10-day period'' and inserting ``14-day
period''; and
(2) by striking ``or, if earlier, the end of the 7-day
period beginning on the date on which'' and inserting ``,
including when''.
Subtitle B--Continuation of Military Housing Reforms
SEC. 2811. APPLICABILITY OF WINDOW FALL PREVENTION
REQUIREMENTS TO ALL MILITARY FAMILY HOUSING
WHETHER PRIVATIZED OR GOVERNMENT-OWNED AND
GOVERNMENT-CONTROLLED.
(a) Transfer of Window Fall Prevention Section to Military
Family Housing Administration Subchapter.--Section 2879 of
title 10, United States Code--
(1) is transferred to appear after section 2856 of such
title; and
(2) is redesignated as section 2857.
(b) Applicability of Section to All Military Family
Housing.--Section 2857 of title 10, United States Code, as
transferred and redesignated by subsection (a), is amended--
(1) in subsection (a)(1), by striking ``acquired or
constructed under this chapter'';
(2) in subsection (b)(1), by striking ``acquired or
constructed under this chapter''; and
(3) by adding at the end the following new subsection:
``(e) Applicability to All Military Family Housing.--This
section applies to military family housing under the
jurisdiction of the Department of Defense and military family
housing acquired or constructed under subchapter IV of this
chapter.''.
(c) Implementation Plan.--In the report required to be
submitted in 2022 pursuant to subsection (d) of section 2857
of title 10, United States Code, as transferred and
redesignated by subsection (a) and amended by subsection (b),
the Secretary of Defense shall include a plan for
implementation of the fall protection devices described in
subsection (a)(3) of such section as required by such
section.
(d) Limitation on Use of Funds Pending Submission of
Overdue Report.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2022
for the Office of the Assistant Secretary of Defense for
Installations and Sustainment, not more than 50 percent may
be obligated or expended until the date on which the
Secretary of Defense certifies to the congressional defense
committees that--
(1) the independent assessment required by section 2817(b)
of the Military Construction Authorization Act of 2018
(division B of Public Law 115-91; 131 Stat. 1852) has been
initiated; and
(2) the Secretary expects the report containing the results
of the assessment to be submitted to the congressional
defense committees by September 1, 2022.
SEC. 2812. MODIFICATION OF MILITARY HOUSING TO ACCOMMODATE
TENANTS WITH DISABILITIES.
Section 2891a(d)(11) of title 10, United States Code, is
amended--
(1) by inserting ``(A)'' after ``(11)''; and
(2) by adding at the end the following new subparagraph:
``(B) Once a landlord is informed of the disability of a
tenant who has a disability (as such term is defined in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102)) and who occupies or will occupy a housing unit
provided by the landlord, the landlord is responsible for
modifying the housing unit as necessary to comply with
standards under such Act (42 U.S.C. 12101 et seq.) to
facilitate occupancy of the housing unit by the tenant.''.
SEC. 2813. REQUIRED INVESTMENTS IN IMPROVING MILITARY
UNACCOMPANIED HOUSING.
(a) Investments in Military Unaccompanied Housing.--
(1) Investments required.--Of the total amount authorized
to be appropriated by the National Defense Authorization Act
for a covered fiscal year for Facilities Sustainment,
Restoration, and Modernization activities of a military
department, the Secretary of that military department shall
reserve an amount equal to five percent of the estimated
replacement cost of the inventory of unimproved military
unaccompanied housing under the jurisdiction of that
Secretary for the purpose of carrying out projects for the
improvement of military unaccompanied housing.
(2) Definitions.--In this subsection:
(A) The term ``military unaccompanied housing'' means
military housing intended to be occupied by members of the
Armed Forces serving a tour of duty unaccompanied by
dependents.
(B) The term ``replacement cost'', with respect to military
unaccompanied housing, means the amount that would be
required to replace the remaining service potential of that
military unaccompanied housing.
(3) Duration of investment requirement.--Paragraph (1)
shall apply for fiscal years 2022 through 2026.
(b) Comptroller General Assessment.--
(1) Assessment required.--The Comptroller General of the
United States shall conduct an independent assessment of the
condition of unaccompanied military housing under the
jurisdiction of the Secretaries of the military departments.
As elements of the assessment, the Comptroller General shall
analyze--
(A) how the prioritization of Facilities Sustainment,
Restoration, and Modernization outlays has impacted
department infrastructure identified as quality-of-life
infrastructure;
(B) how that prioritization interacts with the regular
budget process for military construction projects; and
(C) the extent to which Facilities Sustainment,
Restoration, and Modernization funds are being used to
improve quality-of-life infrastructure.
(2) Briefing.--Not later than February 2, 2022, the
Comptroller General shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on the assessment conducted pursuant to paragraph
(1).
(3) Report.--No later than December 31, 2022, the
Comptroller General shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report containing the results of the assessment conducted
pursuant to paragraph (1).
SEC. 2814. IMPROVEMENT OF DEPARTMENT OF DEFENSE CHILD
DEVELOPMENT CENTERS AND INCREASED AVAILABILITY
OF CHILD CARE FOR CHILDREN OF MILITARY
PERSONNEL.
(a) Safety Inspection of Child Development Centers.--
(1) Safety inspection required.--Not later than one year
after the date of the enactment of this Act, each Secretary
of a military department shall complete an inspection of all
facilities under the jurisdiction of that Secretary used as a
child development center to identify any unresolved safety
issues, including lead, asbestos, and mold, that adversely
impact the facilities.
(2) Reporting requirement.--
(A) Report required.--Not later than 90 days after
completing the safety inspections required by paragraph (1),
the Secretary of the military department concerned shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report containing the results
of the safety inspections.
(B) Report elements.--The Secretary of a military
department shall include in the report prepared by that
Secretary the following:
(i) The identity and location of each child development
center at which unresolved safety issues, including lead,
asbestos, and mold, were found.
(ii) For each identified child development center--
(I) a description of the safety issues found; and
(II) the proposed plan and schedule and projected cost to
remediate the safety issues found.
(b) Ten-year Facility Improvement Plan for Child
Development Centers.--
(1) Facility improvement plan required.--Each Secretary of
a military department shall establish a plan to renovate
facilities under the jurisdiction of that Secretary used as a
child development center so that, no later December 31,
2031--
(A) no child development center is identified as being in
poor or failing condition according to the facility condition
index of that military department; and
(B) all facility projects involving a child development
center that were included on the priority lists within
Appendix C of the ``Department of Defense Report to the
Congressional Defense Committees On Department of Defense
Child Development Programs'' published in 2020 are completed.
(2) Report on facilities improvement plan.--Not later than
180 days after the date of the enactment of this Act, the
Secretary of the military department concerned shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report describing the facilities
improvement plan established by that Secretary pursuant to
paragraph (1). The report shall include the following:
(A) Details regarding the child development center facility
improvement plan.
(B) An estimate of the funding required to complete the
facility improvement plan before the deadline specified in
paragraph (1).
(C) The plan of the Secretary to obtain the funding
necessary to complete the facility improvement plan.
(D) Any additional statutory authorities that the Secretary
needs to complete the facility improvement plan before the
deadline specified in paragraph (1).
(E) A plan to execute preventive maintenance on other child
development center facilities to prevent more from degrading
to poor or failing condition.
(3) Status reports.--Not later than 18 months after the
date of the enactment of this Act, and every 12 months
thereafter until the date specified in paragraph (1), the
Secretary of the military department concerned shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a status
[[Page H4718]]
report on the progress made by that Secretary toward
accomplishing the facility improvement plan established by
that Secretary pursuant to paragraph (1). Such a report shall
include the following:
(A) Details about projects planned, funded, under
construction, and completed under the facility improvement
plan.
(B) Updated funding requirements to complete all child
development center facility construction under the facility
improvement plan.
(C) Any changes to the plan of the Secretary to obtain the
funding necessary to complete the facility improvement plan.
(D) Any additional statutory authorities that the Secretary
needs to complete the facility improvement plan before the
deadline specified in paragraph (1).
(c) Public-private Partnerships for Child Care for Children
of Military Personnel.--
(1) In general.--Not later than one year after the date of
the enactment of this Act and pursuant to regulations
prescribed by the Secretary of Defense, each Secretary of a
military department shall seek to enter into at least one
agreement with a private entity to provide child care to the
children of personnel (including members of the Armed Forces
and civilian employees of the Department of Defense) under
the jurisdiction of that Secretary.
(2) Reporting.--
(A) Preliminary reports.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
and the Secretaries of the military departments shall jointly
submit to the Committees on Armed Services of the Senate and
House of Representatives a report regarding progress in
carrying out paragraph (1).
(B) Regular reports.--Upon entering into an agreement under
paragraph (1) and annually thereafter until the termination
of such agreement, the Secretary of the military department
concerned shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report regarding
such agreement. Such a report shall include--
(i) the terms of the agreement, including cost to the
United States;
(ii) the number of children described in paragraph (1)
projected to receive child care under such agreement; and
(iii) if applicable, the actual number of children
described in paragraph (1) who received child care under such
agreement served during the previous year.
(d) Child Development Center Defined.--In this section, the
term ``child development center'' has the meaning given that
term in section 2871(2) of title 10, United States Code, and
includes facilities identified as a child care center or day
care center.
Subtitle C--Real Property and Facilities Administration
SEC. 2821. SECRETARY OF THE NAVY AUTHORITY TO SUPPORT
DEVELOPMENT AND OPERATION OF NATIONAL MUSEUM OF
THE UNITED STATES NAVY.
Chapter 861 of title 10, United States Code, is amended by
inserting after section 8616 the following new section:
``Sec. 8617. National Museum of the United States Navy
``(a) Authority to Support Development and Operation of
Museum.--(1) The Secretary of the Navy may select and enter
into a contract, cooperative agreement, or other agreement
with one or more eligible nonprofit organizations to support
the development, design, construction, renovation, or
operation of a multipurpose museum to serve as the National
Museum of the United States Navy.
``(2) The Secretary may--
``(A) authorize a partner organization to contract for each
phase of development, design, construction, renovation, or
operation of the museum, or all such phases; or
``(B) authorize acceptance of funds from a partner
organization for each or all such phases.
``(b) Purposes of Museum.--(1) The museum shall be used for
the identification, curation, storage, and public viewing of
artifacts and artwork of significance to the Navy, as agreed
to by the Secretary of the Navy.
``(2) The museum also may be used to support such
education, training, research, and associated activities as
the Secretary considers compatible with and in support of the
museum and the mission of the Naval History and Heritage
Command.
``(c) Acceptance Upon Completion.--Upon the satisfactory
completion, as determined by the Secretary of the Navy, of
any phase of the museum, and upon the satisfaction of any
financial obligations incident thereto, the Secretary shall
accept such phase of the museum from the partner
organization, and all right, title, and interest in and to
such phase of the museum shall vest in the United States.
Upon becoming the property of the United States, the
Secretary shall assume administrative jurisdiction over such
phase of the museum.
``(d) Lease Authority.--(1) The Secretary of the Navy may
lease portions of the museum to an eligible nonprofit
organization for use in generating revenue for the support of
activities of the museum and for such administrative purposes
as may be necessary for support of the museum. Such a lease
may not include any part of the collection of the museum.
``(2) Any rent received by the Secretary under a lease
under paragraph (1), including rent-in-kind, shall be used
solely to cover or defray the costs of development,
maintenance, or operation of the museum.
``(e) Authority to Accept Gifts.--(1) The Secretary of the
Navy may accept, hold, administer, and spend any gift,
devise, or bequest of real property, personal property, or
money made on the condition that the gift, devise, or bequest
be used for the benefit, or in connection with, the
establishment, operation, or maintenance, of the museum.
Section 2601 (other than subsections (b), (c), and (e)) of
this title shall apply to gifts accepted under this
subsection.
``(2) The Secretary may display at the museum recognition
for an individual or organization that contributes money to a
partner organization, or an individual or organization that
contributes a gift directly to the Navy, for the benefit of
the museum, whether or not the contribution is subject to the
condition that the recognition be provided. The Secretary
shall prescribe regulations governing the circumstances under
which contributor recognition may be provided, appropriate
forms of recognition, and suitable display standards.
``(3) The Secretary may authorize the sale of donated
property received under paragraph (1). A sale under this
paragraph need not be conducted in accordance with disposal
requirements that would otherwise apply, so long as the sale
is conducted at arms-length and includes an auditable
transaction record.
``(4) Any money received under paragraph (1) and any
proceeds from the sale of property under paragraph (3) shall
be deposited into a fund established in the Treasury to
support the museum.
``(f) Additional Terms and Conditions.--The Secretary of
the Navy may require such additional terms and conditions in
connection with a contract, cooperative agreement, or other
agreement under subsection (a) or a lease under subsection
(d) as the Secretary considers appropriate to protect the
interests of the United States.
``(g) Use of Navy Indicators.--(1) In a contract,
cooperative agreement, or other agreement under subsection
(a) or a lease under subsection (d), the Secretary of the
Navy may authorize, consistent with section 2260 (other than
subsection (d)) of this title, a partner organization to
enter into licensing, marketing, and sponsorship agreements
relating to Navy indicators, including the manufacture and
sale of merchandise for sale by the museum, subject to the
approval of the Department of the Navy.
``(2) No such licensing, marketing, or sponsorship
agreement may be entered into if it would reflect unfavorably
on the ability of the Department of the Navy, any of its
employees, or any member of the armed forces to carry out any
responsibility or duty in a fair and objective manner, or if
the Secretary determines that the use of the Navy indicator
would compromise the integrity or appearance of integrity of
any program of the Department of the Navy.
``(h) Definitions.--In this section:
``(1) The term `eligible nonprofit organization' means an
entity that--
``(A) qualifies as an exempt organization under section
501(c)(3) of the Internal Revenue Code of 1986; and
``(B) has as its primary purpose the preservation and
promotion of the history and heritage of the Navy.
``(2) The term `museum' means the National Museum of the
United States Navy, including its facilities and grounds.
``(3) The term `Navy indicators' includes trademarks and
service marks, names, identities, abbreviations, official
insignia, seals, emblems, and acronyms of the Navy and Marine
Corps, including underlying units, and specifically includes
the term `National Museum of the United States Navy'.
``(4) The term `partner organization' means an eligible
nonprofit organization with whom the Secretary of the Navy
enters into a contract, cooperative agreement, or other
agreement under subsection (a) or a lease under subsection
(d).''.
SEC. 2822. EXPANSION OF SECRETARY OF THE NAVY AUTHORITY TO
LEASE AND LICENSE UNITED STATES NAVY MUSEUM
FACILITIES TO GENERATE REVENUE TO SUPPORT
MUSEUM ADMINISTRATION AND OPERATIONS.
(a) Inclusion of Additional United States Navy Museums.--
Section 2852 of the Military Construction Authorization Act
for Fiscal Year 2006 (division B of Public Law 109-163; 119
Stat. 3530) is amended--
(1) in subsection (a)--
(A) by striking the text preceding paragraph (1) and
inserting ``The Secretary of the Navy may lease or license
any portion of the facilities of a United States Navy museum
to a foundation established to support that museum for the
purpose of permitting the foundation to carry out the
following activities:''; and
(B) in paragraphs (1) and (2), by striking ``the United
States Navy Museum'' and inserting ``that United States Navy
museum'';
(2) in subsection (b), by striking ``the United States Navy
Museum'' and inserting ``the United States Navy museum of
which the facility is a part'';
(3) in subsection (c), by striking ``the Naval Historical
Foundation'' and inserting ``a foundation described in
subsection (a)''; and
(4) in subsection (d)--
(A) by striking ``the United States Navy Museum'' and
inserting ``the applicable United States Navy museum''; and
(B) by striking ``the Museum'' and inserting ``that
museum''.
(b) United States Navy Museum Defined.--Section 2852 of the
Military Construction Authorization Act for Fiscal Year 2006
(division B of Public Law 109-163; 119 Stat. 3530) is amended
by adding at the end the following new subsection:
``(f) United States Navy Museum.--In this section, the term
`United States Navy museum' means a museum under the
jurisdiction of the Secretary of Defense and operated through
the Naval History and Heritage Command.''.
(c) Conforming Clerical Amendment.--The heading of section
2852 of the Military Construction Authorization Act for
Fiscal Year 2006 (division B of Public Law 109-163; 119 Stat.
3530)
[[Page H4719]]
is amended by striking ``at washington, navy yard, district
of columbia''.
SEC. 2823. DEPARTMENT OF DEFENSE MONITORING OF REAL PROPERTY
OWNERSHIP AND OCCUPANCY IN VICINITY OF MILITARY
INSTALLATIONS TO IDENTIFY FOREIGN ADVERSARY
OWNERSHIP OR OCCUPANCY.
Section 2661 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Identification of Foreign Adversary Ownership or
Occupancy of Real Property in Vicinity of Military
Installations.--(1) The Secretary of Defense and each
Secretary of a military department shall monitor real
property ownership and occupancy in the vicinity of military
installations under the jurisdiction of the Secretary
concerned inside and outside of the United States to identify
instances in which a foreign adversary owns or occupies, or
the Secretary concerned determines a foreign adversary is
seeking to own or occupy, real property in the vicinity of a
military installation.
``(2) Not later than March 1 each year, the Secretary of
Defense, in coordination with the Secretaries of the military
departments, shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report
containing the following:
``(A) A description of all real property in the vicinity of
military installations that the Secretary concerned--
``(i) has identified under paragraph (1) as owned or
occupied by a foreign adversary; or
``(ii) has determined under paragraph (1) that a foreign
adversary is seeking to own or occupy.
``(B) Changes in foreign adversary ownership or occupancy
of real property in the vicinity of military installations
since the previous report.
``(C) Recommendations regarding the appropriate response to
such foreign adversary ownership or occupancy of real
property in the vicinity of military installations.
``(3) A report under paragraph (2) shall be submitted in
unclassified form, but may contain a classified annex as
necessary.
``(4) In this section:
``(A) The term `foreign adversary' has the meaning given
that term in section 8(c)(2) of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1607(c)(2)).
The term includes agents of, and partnerships and
corporations including, a foreign adversary.
``(B) The term `military installation' does not include a
contingency overseas military location described in section
2687a(a)(3)(A)(iii) of this title.
``(C) The term `vicinity', with respect to proximity to a
military installation, means--
``(i) real property adjacent to the boundary of a military
installation; and
``(ii) real property any part of which is located within 10
miles of the boundary of a military installation.''.
Subtitle D--Military Facilities Master Plan Requirements
SEC. 2831. COOPERATION WITH STATE AND LOCAL GOVERNMENTS IN
DEVELOPMENT OF MASTER PLANS FOR MAJOR MILITARY
INSTALLATIONS.
Section 2864(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3)(A) The commander of a major military installation
shall develop and update the master plan for that major
military installation in consultation with representatives of
the government of the State in which the installation is
located and representatives of local governments in the
vicinity of the installation to improve cooperation and
consistency between the Department of Defense and such
governments in addressing each component of the master plan
described in paragraph (1).
``(B) The consultation required by subparagraph (A) is in
addition to the consultation specifically required by
subsection (b)(1) in connection with the transportation
component of the master plan for a major military
installation.''.
SEC. 2832. PROMPT COMPLETION OF MILITARY INSTALLATION
RESILIENCE COMPONENT OF MASTER PLANS FOR AT-
RISK MAJOR MILITARY INSTALLATIONS.
(a) Identification of At-Risk Installations.--Not later
than 30 days after the date of the enactment of this Act,
each Secretary of a military department shall--
(1) identify at least two major military installations
under the jurisdiction of that Secretary that the Secretary
considers most at risk from extreme weather events; and
(2) notify the Committees on Armed Services of the Senate
and the House of Representatives of the major military
installations identified under paragraph (1).
(b) Completion Deadline.--Not later than one year after the
date of the enactment of this Act, each Secretary of a
military department shall ensure that the military
installation resilience component of the master plan for each
major military installation identified by the Secretary under
subsection (a) is completed.
(c) Briefings.--Not later than 60 days after completion of
a master plan component as required by subsection (b) for a
major military installation, the Secretary of the military
department concerned shall brief the Committees on Armed
Services of the Senate and the House of Representatives
regarding the results of the master plan efforts for that
major military installation.
(d) Definitions.--In this section:
(1) The term ``major military installation'' has the
meaning given that term in section 2864(f) of title 10,
United States Code.
(2) The term ``master plan'' means the master plan required
by section 2864(a) of title 10, United States Code, for a
major military installation.
SEC. 2833. CONGRESSIONAL OVERSIGHT OF MASTER PLANS FOR ARMY
AMMUNITION PLANTS GUIDING FUTURE
INFRASTRUCTURE, FACILITY, AND PRODUCTION
EQUIPMENT IMPROVEMENTS.
(a) Submission of Master Plan.--Not later than March 31,
2022, the Secretary of the Army shall submit to the
congressional defense committees the master plan for each of
the five Government-owned, contractor-operated Army
ammunition plants developed to guide planning and budgeting
for future infrastructure construction, facility
improvements, and production equipment needs at each Army
ammunition plant.
(b) Elements of Master Plan.--To satisfy the requirements
of subsection (a), a master plan submitted under such
subsection must include the following:
(1) A description of all infrastructure construction and
facility improvements planned or being considered for an Army
ammunition plant and production equipment planned or being
considered for installation, modernization, or replacement.
(2) A description of the funding sources for such
infrastructure construction, facility improvements, and
production equipment, including authorized military
construction projects, appropriations available for operation
and maintenance, and appropriations available for procurement
of Army ammunition.
(3) An explanation of how the master plan for an Army
ammunition plant will promote efficient, effective,
resilient, secure, and cost-effective production of
ammunition and ammunition components for the Armed Forces.
(4) A description of how development of the master plan for
an Army ammunition plant included input from the contractor
operating the Army ammunition plant and how implementation of
that master plan will be coordinated with the contractor.
(c) Annual Updates.--Not later than March 31, 2023, and
each March 31 thereafter through March 31, 2026, the
Secretary of the Army shall submit to the congressional
defense committees a report containing the following:
(1) A description of any revisions made to the master plans
submitted under subsection (a) during the previous year.
(2) A description of any revisions to be made or being
considered to the master plans.
(3) An explanation of the reasons for each revision,
whether made, to be made, or being considered.
(4) A description of the progress made in improving
infrastructure, facility, and production equipment at the
Army ammunition plants consistent with the master plans.
(d) Delegation Authority.--The Secretary of the Army shall
carry out this section acting through the Assistant Secretary
of the Army for Acquisition, Logistics, and Technology.
Subtitle E--Matters Related to Unified Facilities Criteria and Military
Construction Planning and Design
SEC. 2841. AMENDMENT OF UNIFIED FACILITIES CRITERIA TO
REQUIRE INCLUSION OF PRIVATE NURSING AND
LACTATION SPACE IN CERTAIN MILITARY
CONSTRUCTION PROJECTS.
(a) Amendment Required.--The Secretary of Defense shall
amend UFC 1-4.2 (Nursing and Lactation Rooms) of the Unified
Facilities Criteria/DoD Building Code (UFC 1-200-01) to
require that military construction planning and design for
buildings likely to be regularly frequented by nursing
mothers who are members of the uniformed services, civilian
employees of the Department of Defense, contractor personnel,
or visitors include a private nursing and lactation room or
other private space suitable for that purpose.
(b) Deadline.--The Secretary of Defense shall complete the
amendment process required by subsection (a) and implement
the amended UFC 1-4.2 not later than one year after the date
of the enactment of this Act.
SEC. 2842. ADDITIONAL DEPARTMENT OF DEFENSE ACTIVITIES TO
IMPROVE ENERGY RESILIENCY OF MILITARY
INSTALLATIONS.
(a) Amendment of Unified Facilities Criteria Required.--The
Secretary of Defense shall amend the Unified Facilities
Criteria/DoD Building Code (UFC 1-200-01) to require that
planning and design for military construction projects inside
the United States include consideration of the feasibility
and cost-effectiveness of installing an energy microgrid as
part of the project, including intentional islanding
capability of at least seven consecutive days, for the
purpose of--
(1) promoting on-installation energy security and energy
resilience; and
(2) facilitating implementation and greater use of the
authority provided by subsection (h) of section 2911 of title
10, United States Code, as added and amended by section 2825
of the Military Construction Authorization Act for Fiscal
Year 2021 (division B of Public Law 116-283).
(b) Contracts for Emergency Access to Existing On-
installation Renewable Energy Sources.--In the case of a
covered renewable energy generating source located on a
military installation pursuant to a lease of non-excess
defense property under section 2667 of title 10, United
States Code, the Secretary of the military department
concerned is encouraged to negotiate with the owner and
operator of the renewable energy generating source to revise
the lease contract to permit the military installation to
access the renewable energy generating source during an
emergency. The negotiations shall include consideration of
the ease of modifying the renewable energy generating source
to include an islanding capability, the necessity of
additional infrastructure to tie the renewable energy
[[Page H4720]]
generating source into the installation energy grid, and the
cost of such modifications and infrastructure.
(c) Definitions.--In this section:
(1) The term ``covered renewable energy generating source''
means a renewable energy generating source that, on the date
of the enactment of this Act--
(A) is located on a military installation inside the United
States; but
(B) cannot be used as a direct source of resilient energy
for the installation in the event of a power disruption.
(2) The term ``islanding capability'' refers to the ability
to remove an energy system, such as a microgrid, from the
local utility grid and to operate the energy system, at least
temporarily, as an integrated, stand-alone system, during an
emergency involving the loss of external electric power
supply.
(3) The term ``microgrid'' means an integrated energy
system consisting of interconnected loads and energy
resources with an islanding capability to permit functioning
separate from the local utility grid.
SEC. 2843. CONSIDERATION OF ANTICIPATED INCREASED SHARE OF
ELECTRIC VEHICLES IN DEPARTMENT OF DEFENSE
VEHICLE FLEET AND OWNED BY MEMBERS OF THE ARMED
FORCES AND DEPARTMENT EMPLOYEES.
(a) Amendment of Unified Facilities Criteria Required.--The
Secretary of Defense shall amend the Unified Facilities
Criteria/DoD Building Code (UFC 1-200-01) to require that
military construction planning and design for buildings,
including military housing, and related parking structures
and surface lots to be constructed for military installations
inside the United States include the installation of charging
stations for electric vehicles when inclusion of charging
stations is feasible and cost effective given the anticipated
need for charging stations to service electric vehicles in
the Department of Defense vehicle fleet and electric vehicles
owned by members of the Armed Forces and Department
employees.
(b) Implementation.--
(1) Source of services.--Each Secretary of a military
department may utilize expertise within the military
department or contract with an outside entity to make the
determinations required by subsections (c) through (f)
related to the installation of charging stations for electric
vehicles.
(2) Determinations.--Determinations required by subsections
(c) through (f) shall be a data-driven analysis for the
purpose of enabling alignment between internal and external
stakeholders and addressing key questions regarding the
installation of charging stations, including the composition
of the electric vehicle fleet, ownership costs, and kilowatt
hour load profiles for targeted locations. The parties making
these determinations shall make use of modeling and multiple
scenarios to optimize initial investments and identify
priority locations for investment.
(c) Considerations Related to Charging Station Location.--A
determination of whether inclusion of charging stations is
feasible and cost effective as part of a military
construction project shall include consideration of the
following:
(1) Calculation of detailed energy profiles of existing
loads at locations to include the impacts of managed and non-
managed charging options.
(2) Local electric vehicle charging profiles, vehicle
traffic patterns and flow to readily access charging
stations, signage needs, proximity to anticipated users of
charging stations, and existing building load profiles.
(3) Availability of adequate space for vehicles awaiting
charging during peak usage times.
(4) Required infrastructure upgrades, including electrical
wiring.
(5) Safety protocols.
(d) Considerations Related to Type and Number of Charging
Stations.--A determination of the type and number of charging
stations to include as part of a military construction
project shall include consideration of the following:
(1) The different capabilities and energy demands between
level 1 charging, level 2 charging, and level 3 charging.
(2) The current and anticipated future distribution of
plug-in hybrid electric vehicles and plug-in electric
vehicles for a proposed charging station location and how
many electric vehicles will need to be charged at the same
time.
(3) In the case of level 3 charging, which provides the
fastest charging rates, an assessment of supporting utilities
infrastructure, potential gaps, and required improvements.
(4) The costs and benefits of using a single connector
versus multi-connector units.
(5) The interoperability of chargers and the potential
future needs or applications for chargers, such as vehicle-
to-grid or vehicle-to-building applications.
(e) Considerations Related to Charging Station Ownership.--
A determination of the optimal ownership method to provide
charging stations as part of a military construction project
shall include consideration of the following:
(1) Use of Government owned (purchased, installed, and
maintained) charging stations.
(2) Use of third-party financed, installed, operated, and
maintained charging stations.
(3) Use of financing models in which energy and charging
infrastructure operations and maintenance are treated as a
service.
(4) Network and data collection requirements, including
considerations related to communications with charging and
utility networks, managed charging, grid curtailment, and
electric vehicles as a grid asset.
(5) Cyber and physical security concerns and best practices
associated with different ownership, network, and control
models.
(f) Considerations Related to Power Source.--A
determination of the optimal power source to provide charging
stations as part of a military construction project shall
include consideration of the following:
(1) Transformer and substation requirements.
(2) Microgrids and distributed energy to support both
charging requirements and energy storage.
(g) Installation Plans for Charging Stations Required.--
(1) Infrastructure development plans.--For each of fiscal
years 2023 through 2027, each Secretary of a military
department shall complete for at least five military
installations in the United States under the jurisdiction of
the Secretary an infrastructure development plan for the
installation of charging stations for electric vehicles.
(2) Inclusion of electricity microgrid.--Each
infrastructure development plan shall include the use of a
microgrid that will be sufficient--
(A) to cover anticipated electricity demand of electric
vehicles using charging stations included in the plan; and
(B) to improve installation energy resilience.
(h) Definitions.--In this section:
(1) The term ``charging station'' refers to a collection of
one or more electric vehicle supply equipment units.
(2) The term ``connector'' refers to the socket or cable
that connects an electric vehicle being charged to the
electric vehicle supply equipment unit.
(3) The term ``electric vehicle'' includes--
(A) a plug-in hybrid electric vehicle that uses a
combination of electric and gas powered engine that can use
either gasoline or electricity as a fuel source; and
(B) a plug-in electric vehicle that runs solely on
electricity and does not contain an internal combustion
engine or gas tank.
(4) The term ``electric vehicle supply equipment unit''
refers to the port that supplies electricity to one vehicle
at a time.
(5) The term ``level 1 charging'' refers to an electric
vehicle charging method that provides charging through a 120
volt alternating current plug and supplies approximately two
to five miles of range per hour of charging time.
(6) The term ``level 2 charging'' refers to an electric
vehicle charging method that provides charging through a 240
volt alternating current receptacle, requires a dedicated 40-
Amp circuit and supplies approximately 10 to 20 miles of
range per hour of charging time.
(7) The term ``level 3 charging'', also known as DC Fast
Charging, refers to an electric vehicle charging method that
provides charging via direct current equipment that does not
require a convertor and supplies approximately 60 to 80 miles
of range per 20 min of charging.
(8) The term ``microgrid'' refers to a group of
interconnected loads and distributed energy resources within
clearly defined electrical boundaries that acts as a single
controllable entity with respect to the grid.
SEC. 2844. CONDITIONS ON REVISION OF UNIFIED FACILITIES
CRITERIA OR UNIFIED FACILITIES GUIDE
SPECIFICATIONS REGARDING USE OF VARIABLE
REFRIGERANT FLOW SYSTEMS.
(a) Congressional Notification Required.--The Under
Secretary of Defense for Acquisition and Sustainment shall
notify the Committee on Armed Services of the House of
Representatives before executing any revision to the Unified
Facilities Criteria/DoD Building Code (UFC 1-200-01) or
Unified Facilities Guide Specifications regarding the use of
variable refrigerant flow systems
(b) Elements of Effective Notification.--To be effective as
congressional notification for purposes of subsection (a),
the notice submitted by the Under Secretary of Defense for
Acquisition and Sustainment must--
(1) be in writing;
(2) specify the nature of the revision to be made to the
Unified Facility Criteria/DoD Building Code (UFC 1-200-01) or
Unified Facilities Guide Specifications regarding the use of
variable refrigerant flow systems;
(3) explain the justification for the revision; and
(4) be received by the Committee on Armed Services of the
House of Representatives at least 30 days before the revision
takes effect.
Subtitle F--Land Conveyances
SEC. 2851. MODIFICATION OF RESTRICTIONS ON USE OF FORMER NAVY
PROPERTY CONVEYED TO UNIVERSITY OF CALIFORNIA,
SAN DIEGO, CALIFORNIA.
(a) Modification of Original Use Restriction.--Section 3(a)
of Public Law 87-662 (76 Stat. 546) is amended by inserting
after ``educational purposes'' the following: ``, which may
include technology innovation and entrepreneurship programs
and establishment of innovation incubators''.
(b) Execution.--If necessary to effectuate the amendment
made by subsection (a), the Secretary of the Navy shall
execute and file in the appropriate office an amended deed or
other appropriate instrument reflecting the modification of
restrictions on the use of former Camp Matthews conveyed to
the regents of the University of California pursuant to
Public Law 87-662.
SEC. 2852. LAND CONVEYANCE, JOINT BASE CAPE COD, BOURNE,
MASSACHUSETTS.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey to the Commonwealth of Massachusetts (in this
section referred to as the ``Commonwealth'') all right,
title, and interest of the United States in and to a parcel
of real property, including improvements thereon and related
easements, consisting of approximately 10 acres located on
Joint Base Cape Cod, Bourne, Massachusetts.
(b) Conditions of Conveyance.--The conveyance under
subsection (a) shall be subject to valid existing rights and
the Commonwealth shall accept the real property, and any
improvements thereon, in its condition at the time of the
[[Page H4721]]
conveyance (commonly known as a conveyance ``as is'').
(c) Consideration.--
(1) Consideration required.--As consideration for the
conveyance under subsection (a), the Commonwealth shall pay
to the United States an amount equal to the fair market value
of the right, title, and interest conveyed under subsection
(a) based on an appraisal approved by the Secretary.
(2) Treatment of consideration received.--Consideration
received under paragraph (1) shall be deposited in the
special account in the Treasury established under subsection
(b) of section 572 of title 40, United States Code, and shall
be available in accordance with paragraph (5)(B) of such
subsection.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force shall
require the Commonwealth to cover all costs (except costs for
environmental remediation of the property) to be incurred by
the Secretary, or to reimburse the Secretary for costs
incurred by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs for
environmental documentation, and any other administrative
costs related to the conveyance. If amounts are collected
from the Commonwealth in advance of the Secretary incurring
the actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to
the Commonwealth.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance or, if the
period of availability for obligations for that appropriation
has expired, to an appropriate fund or account currently
available to the Secretary for the same purpose. Amounts so
credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary of the Air Force.
(f) Additional Terms and Conditions.--The Secretary of the
Air Force may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2853. LAND CONVEYANCE, ROSECRANS AIR NATIONAL GUARD
BASE, SAINT JOSEPH, MISSOURI.
(a) Conveyance Authorized.--Once the Secretary of the Air
Force determines that the Missouri Air National Guard has
vacated the parcel of real property consisting of
approximately 54 acres at Rosecrans Air National Guard Base
located on the southern end of the airfield at Rosecrans
Memorial Airport in Saint Joseph, Missouri, the Secretary may
convey to the City of Saint Joseph, Missouri (in this section
referred to as the ``City''), all right, title, and interest
of the United States in and to that parcel of real property,
including any improvements thereon, for the purpose of--
(1) removing the property from within the boundaries of
Rosecrans Air National Guard Base;
(2) accommodating the operational and maintenance needs of
Rosecrans Memorial Airport; and
(3) permitting the development of the property and any
improvements thereon for economic purposes.
(b) Conditions on Conveyance.--The conveyance of the parcel
of property under subsection (a) shall be subject to any
valid existing rights regarding the property, and the City
shall accept the property and any improvements thereon in
their condition at the time of the conveyance (commonly known
as a conveyance ``as is'').
(c) Consideration.--
(1) Consideration required, forms.--As consideration for
the conveyance of the property under subsection (a), the City
shall enter into an agreement with the Secretary--
(A) to convey to the Secretary of the Air Force a parcel of
real property acceptable to the Secretary in exchange for the
property conveyed by the Secretary;
(B) to provide in-kind consideration acceptable to the
Secretary in the form of the construction, provision,
improvement, alteration, protection, maintenance, repair, or
restoration, including environmental restoration, or a
combination thereof, of any facilities or infrastructure
relating to the needs of the Missouri Air National Guard at
Rosecrans Air National Guard Base; or
(C) to provide a combination of the consideration
authorized by subparagraphs (A) and (B).
(2) Amount of consideration; appraisal.--Except as provided
in paragraph (3), the value of the consideration provided by
the City under paragraph (1) shall be equal to the fair
market value of the right, title, and interest conveyed by
the Secretary under subsection (a), based on one or more
appraisals determined necessary and approved by the
Secretary.
(3) Cash equalization payment.--If the value of the
property conveyed by the City or in-kind consideration
provided by the City under paragraph (1), or combination
thereof, is less than the fair market value of the right,
title, and interest conveyed by the Secretary under
subsection (a), the City shall pay to the United States an
amount equal to the difference in the fair market values. Any
cash consideration received under this paragraph shall be--
(A) deposited in the special account in the Treasury
established pursuant to paragraph (5) of section 572(b) of
title 40, United States Code; and
(B) available to the Secretary in accordance with the
subparagraph (B)(ii) of such paragraph.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force may
require the City to cover all costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred
by the Secretary, to carry out the conveyance under
subsection (a), including appraisal and survey costs, costs
related to environmental documentation, and any other
administrative costs related to the conveyance. If amounts
paid by the City to the Secretary in advance exceed the costs
actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to
the City.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under subsection (a)
shall be credited to the fund or account that was used to
cover the costs incurred by the Secretary in carrying out the
conveyance, or to an appropriate fund or account currently
available to the Secretary for the purposes for which the
costs were paid. Amounts so credited shall be merged with
amounts in such fund or account and shall be available for
the same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary of the Air Force.
(f) Additional Terms and Conditions.--The Secretary of the
Air Force may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2854. LAND CONVEYANCE, NAVAL AIR STATION OCEANA,
VIRGINIA BEACH, VIRGINIA.
(a) Conveyance Authorized.--
(1) In general.--The Secretary of the Navy may convey to
the School Board of the City of Virginia Beach, Virginia (in
this section referred to as ``VBCPS'') all right, title, and
interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 2.77 acres at Naval Air Station Oceana,
Virginia Beach, Virginia, located at 121 West Lane (GPIN:
2407-94-0772) for the purpose of permitting VBCPS to use the
property for educational purposes.
(2) Continuation of existing easements, restrictions, and
covenants.--The conveyance of the property under paragraph
(1) shall be subject to any easement, restriction, or
covenant of record applicable to the property and in
existence on the date of the enactment of this Act.
(b) Consideration.--
(1) Consideration required; amount.--As consideration for
the conveyance under subsection (a), VBCPS shall pay to the
Secretary of the Navy an amount that is not less than the
fair market value of the property to be conveyed, as
determined by the Secretary. The Secretary's determination of
fair market value shall be final of the property to be
conveyed.
(2) Form of consideration.--The consideration required by
paragraph (1) may be in the form of a cash payment, in-kind
consideration as described in paragraph (3), or a combination
thereof, as acceptable to the Secretary. Cash consideration
shall be deposited in the special account in the Treasury
established under section 572 of title 40, United States
Code, and the entire amount deposited shall be available for
use in accordance with subsection (b)(5)(ii) of such section.
(3) In-kind consideration.--The Secretary may accept as in-
kind consideration under this subsection the acquisition,
construction, provision, improvement, maintenance, repair, or
restoration (including environmental restoration), or
combination thereof, of any facilities or infrastructure, or
the delivery of services, relating to the needs of Naval Air
Station Oceana.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Navy shall
require VBCPS to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection (a),
including costs related to environmental and real estate due
diligence, and any other administrative costs related to the
conveyance. If amounts are collected in advance of the
Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to VBCPS.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover those costs incurred
by the Secretary in carrying out the conveyance or, if the
period of availability for obligations for that appropriation
has expired, to the fund or account currently available to
the Secretary for the same purpose. Amounts so credited shall
be merged with amounts in such fund or account, and shall be
available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or
account.
(d) Limitation on Source of Funds.--VBCPS may not use
Federal funds to cover any portion of the costs required by
subsections (b) and (c) to be paid by VBCPS.
(e) Description of Property.--The exact acreage and legal
description of the parcel of real property to be conveyed
under subsection (a) shall be determined by a survey
satisfactory to the Secretary of the Navy.
[[Page H4722]]
(f) Additional Terms and Conditions.--The Secretary of the
Navy may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
Subtitle G--Authorized Pilot Programs
SEC. 2861. PILOT PROGRAM ON INCREASED USE OF MASS TIMBER IN
MILITARY CONSTRUCTION.
(a) Pilot Program Required.--Each Secretary of a military
department shall conduct a pilot program to evaluate the
effect that the use of mass timber as the primary
construction material in military construction may have on
the environmental sustainability, infrastructure resilience,
cost effectiveness, and construction timeliness of military
construction.
(b) Project Selection and Locations.--
(1) Minimum number of projects.--Each Secretary of a
military department shall carry out at least one military
construction project under the pilot program.
(2) Project locations.--The pilot program shall be
conducted at military installations in the continental United
States--
(A) that are identified as vulnerable to extreme weather
events; and--
(B) for which a military construction project is authorized
but a request for proposal has not been released.
(c) Inclusion of Military Unaccompanied Housing Project.--
The Secretaries of the military departments shall coordinate
the selection of military construction projects to be carried
out under the pilot program so that at least one of the
military construction projects involves construction of
military unaccompanied housing.
(d) Program Authority.--The Secretary of a military
department may carry out a military construction project
under the pilot program using the authorities available to
the Secretary of Defense under section 2914 of title 10,
United States Code, regarding military construction projects
for energy resilience, energy security, and energy
conservation.
(e) Duration of Program.--The authority of the Secretary of
a military department to carry out a military construction
project under the pilot program shall expire on September 30,
2024. Any construction commenced under the pilot program
before the expiration date may continue to completion.
(f) Reporting Requirement.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter through December 31, 2024, the Secretaries of the
military departments shall submit to the congressional
defense committees a report on the progress of the pilot
program.
(2) Report elements.--The report shall include the
following:
(A) A description of the status of the military
construction projects selected to be conducted under the
pilot program.
(B) An explanation of the reasons why those military
construction projects were selected.
(C) An analysis of the projected or actual carbon
footprint, resilience to extreme weather events, construction
timeliness, and cost effectiveness of the military
construction projects conducted under the pilot program using
mass timber as compared to other materials historically used
in military construction.
(D) Any updated guidance the Under Secretary of Defense for
Acquisition and Sustainment has released in relation to the
procurement policy for future military construction projects
based on comparable benefits realized from use of mass
timber, including guidance on prioritizing sustainable
materials in establishing evaluation criteria for military
construction project contracts when technically feasible.
(g) Mass Timber Defined.--In this section, the term ``mass
timber'' includes the following:
(1) Cross-laminated timber.
(2) Nail-laminated timber.
(3) Glue-laminated timber.
(4) Laminated strand lumber.
(5) Laminated veneer lumber.
SEC. 2862. PILOT PROGRAM ON INCREASED USE OF SUSTAINABLE
BUILDING MATERIALS IN MILITARY CONSTRUCTION.
(a) Pilot Program Required.--Each Secretary of a military
department shall conduct a pilot program to evaluate the
effect that the use of sustainable building materials as the
primary construction material in military construction may
have on the environmental sustainability, infrastructure
resilience, cost effectiveness, and construction timeliness
of military construction.
(b) Project Selection and Locations.--
(1) Minimum number of projects.--Each Secretary of a
military department shall carry out at least one military
construction project under the pilot program.
(2) Project locations.--The pilot program shall be
conducted at military installations in the continental United
States--
(A) that are identified as vulnerable to extreme weather
events; and--
(B) for which a military construction project is authorized
but a request for proposal has not been released.
(c) Inclusion of Military Unaccompanied Housing Project.--
The Secretaries of the military departments shall coordinate
the selection of military construction projects to be carried
out under the pilot program so that at least one of the
military construction projects involves construction of
military unaccompanied housing.
(d) Duration of Program.--The authority of the Secretary of
a military department to carry out a military construction
project under the pilot program shall expire on September 30,
2024. Any construction commenced under the pilot program
before the expiration date may continue to completion.
(e) Reporting Requirement.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter through December 31, 2024, the Secretaries of the
military departments shall submit to the congressional
defense committees a report on the progress of the pilot
program.
(2) Report elements.--The report shall include the
following:
(A) A description of the status of the military
construction projects selected to be conducted under the
pilot program.
(B) An explanation of the reasons why those military
construction projects were selected.
(C) An analysis of the projected or actual carbon footprint
over the full life cycle of the sustainable building
material, resilience to extreme weather events, construction
timeliness, and cost effectiveness of the military
construction projects conducted under the pilot program using
sustainable building materials as compared to other materials
historically used in military construction.
(D) Any updated guidance the Under Secretary of Defense for
Acquisition and Sustainment has released in relation to the
procurement policy for future military construction projects
based on comparable benefits realized from use of sustainable
building materials, including guidance on prioritizing
sustainable materials in establishing evaluation criteria for
military construction project contracts when technically
feasible.
(f) Sustainable Building Materials Defined.--In this
section, the term ``sustainable building material'' means any
building material the use of which will reduce carbon
emissions over the life cycle of the building. The term
includes mass timber, concrete, and other carbon reducing
materials.
SEC. 2863. PILOT PROGRAM ON ESTABLISHMENT OF ACCOUNT FOR
REIMBURSEMENT FOR USE OF TESTING FACILITIES AT
INSTALLATIONS OF THE DEPARTMENT OF THE AIR
FORCE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Air Force
shall establish a pilot program to authorize installations of
the Department of the Air Force to establish a reimbursable
account for the purpose of being reimbursed for the use of
testing facilities on such installation.
(b) Installations Selected.--The Secretary of the Air Force
shall select not more than two installations of the
Department of the Air Force to participate in the pilot
program under subsection (a) from among any such
installations that are part of the Air Force Flight Test
Center construct and are currently funded for Facility,
Sustainment, Restoration, and Modernization (FSRM) through
the Research, Development, Test, and Evaluation account of
the Department of the Air Force.
(c) Oversight of Funds.--For each installation selected for
the pilot program under subsection (a), the commander of such
installation shall have direct oversight over 50 percent of
the funds allocated to the installation for Facility,
Sustainment, Restoration, and Modernization and the Commander
of the Air Force Civil Engineer Center shall have direct
oversight over the remaining 50 percent of such funds.
(d) Briefing and Report.--
(1) Briefing.--Not later than 30 days after establishing
the pilot program under subsection (a), the Secretary of the
Air Force shall brief the congressional defense committees on
the pilot program.
(2) Annual report.--Not later than one year after
establishing the pilot program under subsection (a), and
annually thereafter, the Secretary of the Air Force shall
submit to the congressional defense committees a report on
the pilot program.
(e) Termination.--The pilot program under subsection (a)
shall terminate on December 1, 2026.
SEC. 2864. PILOT PROGRAM TO EXPEDITE 5G TELECOMMUNICATIONS ON
MILITARY INSTALLATIONS THROUGH DEPLOYMENT OF
TELECOMMUNICATIONS INFRASTRUCTURE.
(a) Pilot Program Required.--Not later than one year after
the date of the enactment of this Act, each Secretary of a
military department shall establish a pilot program to
evaluate the feasibility of deploying telecommunications
infrastructure to expedite the availability of 5G
telecommunications on military installations.
(b) Selection of Program Sites.--
(1) In general.--Each Secretary of a military department
shall select at least one military installation under the
jurisdiction of the Secretary as a location at which to
conduct the pilot program.
(2) Priority.--In selecting a military installation as a
location for the pilot program, the Secretary of a military
department shall prioritize military installations that are
located in close proximity to other military installations,
whether or not the other installations are under the
jurisdiction of that Secretary.
(c) Implementation Report.--Not later than six months after
the establishment of the pilot program by the Secretary of a
military department, that Secretary shall submit to the
congressional defense committees a report containing the
following:
(1) A list of the military installations selected by that
Secretary as locations for the pilot program.
(2) A description of authorities used to execute the pilot
program.
(3) The number and identity of telecommunication carriers
that intend to use the telecommunications infrastructure
deployed pursuant to the pilot program to provide 5G
telecommunication services at the selected military
installations.
[[Page H4723]]
(4) An assessment of the need to have centralized processes
and points of contacts or additional authorities, to
facilitate deployment of telecommunications infrastructure.
(d) Telecommunications Infrastructure Defined.--In this
section, the term ``telecommunications infrastructure''
includes, but is not limited to, the following:
(1) Macro towers.
(2) Small cell poles.
(3) Distributed antenna systems.
(4) Dark fiber.
(5) Power solutions.
Subtitle H--Asia-Pacific and Indo-Pacific Issues
SEC. 2871. IMPROVED OVERSIGHT OF CERTAIN INFRASTRUCTURE
SERVICES PROVIDED BY NAVAL FACILITIES
ENGINEERING SYSTEMS COMMAND PACIFIC.
The Secretary of the Navy shall designate an administrative
position within the Naval Facilities Engineering Systems
Command Pacific for the purpose of improving the continuity
of management and oversight of real property and
infrastructure assets in the Pacific Area of Responsibility
related to the training needs of the Armed Forces,
particularly regarding leased property for which the lease
will expire within 10 years after the date of the enactment
of this Act.
Subtitle I--Miscellaneous Studies and Reports
SEC. 2881. IDENTIFICATION OF ORGANIC INDUSTRIAL BASE GAPS AND
VULNERABILITIES RELATED TO CLIMATE CHANGE AND
DEFENSIVE CYBERSECURITY CAPABILITIES.
Section 2504(3)(B) of title 10, United States Code, is
amended--
(1) by redesignating clauses (i), (ii), and (iii) as
clauses (ii), (iii), and (iv); and
(2) by inserting before clause (ii), as so redesignated,
the following new clause:
``(i) gaps and vulnerabilities related to--
``(I) current and projected impacts of climate change; and
``(II) defensive cybersecurity capabilities;''.
Subtitle J--Other Matters
SEC. 2891. CLARIFICATION OF INSTALLATION AND MAINTENANCE
REQUIREMENTS REGARDING FIRE EXTINGUISHERS IN
DEPARTMENT OF DEFENSE FACILITIES.
Section 2861 of the Military Construction Authorization Act
for Fiscal Year 2020 (division B of Public Law 116-92; 133
Stat. _) is amended by striking ``requirements of national
model fire codes developed by the National Fire Protection
Association and the International Code Council'' and
inserting ``NFPA 1, Fire Code of the National Fire Protection
Association and applicable requirements of the international
building code and international fire code of the
International Code Council''.
TITLE XXIX--ADDITIONAL MILITARY CONSTRUCTION PROJECTS RELATED TO
SCIENCE, TECHNOLOGY, TEST, AND EVALUATION
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of the Army may acquire real property and
carry out the military construction projects related to
science, technology, test, and evaluation for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Army Projects
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Maryland...................................... Aberdeen Proving Ground........................ $29,000,000
Fort Detrick................................... $94,000,000
Mississippi................................... Engineering Research and Development Center.... $49,000,000
New Mexico.................................... White Sands Missile Range...................... $43,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of the Navy may acquire real property and
carry out the military construction projects related to
science, technology, test, and evaluation for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Navy Projects
----------------------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------------------
California.................................... Naval Information Warfare Center Pacific....... $49,970,000
District of Columbia.......................... Naval Research Laboratory...................... $556,030,000
Florida....................................... Naval Surface Warfare Center Panama City....... $83,820,000
Indiana....................................... Naval Surface Warfare Center Crane............. $86,920,000
Maryland...................................... Naval Air Warfare Division..................... $121,190,000
Naval Surface Warfare Center Carderock......... $45,440,000
Naval Surface Warfare Center Indian Head $132,030,000
Explosive Ordnance Disposal Technology
Division......................................
Pennsylvania.................................. Naval Surface Warfare Division Philadelphia.... $160,040,000
Rhode Island.................................. Naval Undersea Warfare Center Newport.......... $129,860,000
Virginia...................................... Naval Surface Warfare Center Dahlgren.......... $98,670,000
----------------------------------------------------------------------------------------------------------------
SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
The Secretary of the Air Force may acquire real property
and carry out the military construction projects related to
science, technology, test, and evaluation for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Air Force Projects
----------------------------------------------------------------------------------------------------------------
State Installation or location Amount
----------------------------------------------------------------------------------------------------------------
California.................................... Edwards Air Force Base......................... $103,000,000
Florida....................................... Eglin Air Force Base........................... $662,000,000
Hawaii........................................ Maui Experimental Site......................... $88,000,000
New Mexico.................................... Holloman Air Force Base........................ $186,600,000
Kirtland Air Force Base........................ $138,000,000
Ohio.......................................... Wright-Patterson Air Force Base................ $378,000,000
Tennessee..................................... Arnold Air Force Base.......................... $120,618,000
Texas......................................... Joint Base San Antonio-Fort Sam Houston........ $113,000,000
----------------------------------------------------------------------------------------------------------------
[[Page H4724]]
SEC. 2904. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2021, for the military
construction projects related to science, technology, test,
and evaluation authorized by this title, as specified in the
funding table in section 4601.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2022 for the activities of the National Nuclear
Security Administration in carrying out programs as specified
in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security
Administration as follows:
Project 22-D-513, Power Sources Capability, Sandia National
Laboratories, Albuquerque, New Mexico, $13,827,000.
Project 22-D-514, Digital Infrastructure Capability
Expansion, Lawrence Livermore National Laboratory, Livermore,
California, $8,000,000.
Project 22-D-531, KL Chemistry and Radiological Health
Building, Knolls Atomic Power Laboratory, Schenectady, New
York, $41,620,000.
Project 22-D-532, KL Security Upgrades, Knolls Atomic Power
Laboratory, Schenectady, New York, $5,100,000.
Shipping & Receiving (Exterior), Los Alamos National
Laboratory, Los Alamos, New Mexico, $9,700,000.
TCAP Restoration Column A, Savannah River Site, Aiken,
South Carolina, $4,700,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2022 for defense environmental cleanup activities
in carrying out programs as specified in the funding table in
section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out,
for defense environmental cleanup activities, the following
new plant projects:
Project 22-D-401, 400 Area Fire Station, Hanford Site,
Richland, Washington, $15,200,000.
Project 22-D-402, 200 Area Water Treatment Facility,
Hanford Site, Richland, Washington, $12,800,000.
Project 22-D-403, Idaho Spent Nuclear Fuel Staging
Facility, Idaho National Laboratory, Idaho Falls, Idaho,
$3,000,000.
Project 22-D-404, Additional ICDF Landfill Disposal Cell
and Evaporation Ponds Project, Idaho National Laboratory,
Idaho Falls, Idaho, $5,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2022 for other defense
activities in carrying out programs as specified in the
funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2022 for nuclear energy
as specified in the funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, Limitations, and
Other Matters
SEC. 3111. IMPROVEMENTS TO ANNUAL REPORTS ON CONDITION OF THE
UNITED STATES NUCLEAR WEAPONS STOCKPILE.
Section 4205(e)(3) of the Atomic Energy Defense Act (50
U.S.C. 2525(e)(3)) is amended--
(1) in subparagraph (A), by inserting ``, including with
respect to cyber assurance,'' after ``methods''; and
(2) in subparagraph (B), by inserting ``, and the
confidence of the head in,'' after ``adequacy of''.
SEC. 3112. MODIFICATIONS TO CERTAIN REPORTING REQUIREMENTS.
(a) Notification of Employee Practices Affecting National
Security.--Section 3245 of the National Nuclear Security
Administration Act (50 U.S.C. 2443) is amended by striking
subsections (a) and (b) and inserting the following new
subsections:
``(a) Annual Notification of Security Clearance
Revocations.--At or about the time that the President's
budget is submitted to Congress under section 1105(a) of
title 31, United States Code, the Administrator shall notify
the appropriate congressional committees of--
``(1) the number of covered employees whose security
clearance was revoked during the year prior to the year in
which the notification is made; and
``(2) for each employee counted under paragraph (1), the
length of time such employee has been employed at the
Administration, as the case may be, since such revocation.
``(b) Annual Notification of Terminations and Removals.--
Not later than December 31 of each year, the Administrator
shall notify the appropriate congressional committees of each
instance in which the Administrator terminated the employment
of a covered employee or removed and reassigned a covered
employee for cause during that year.''.
(b) Plan for Construction and Operation of MOX Facility.--
Section 4306 of the Atomic Energy Defense Act (50 U.S.C.
2566) is amended--
(1) by striking subsections (a) and (b); and
(2) by redesignating subsections (c) through (h) as
subsections (a) through (f), respectively.
(c) Reports on Certain Transfers of Civil Nuclear
Technology.--Section 3136 of the National Defense
Authorization Act for Fiscal Year 2016 (42 U.S.C. 2077a) is
amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) through (i) as
subsections (a) through (h), respectively; and
(3) in subsection (b)(2), as so redesignated, by striking
``each report under subsection (a) and''.
(d) Certain Annual Reviews by Nuclear Science Advisory
Committee.--Section 3173(a)(4)(B) of the National Defense
Authorization Act for Fiscal Year 2013 (42 U.S.C.
2065(a)(4)(B)) is amended by striking ``annual reviews'' and
inserting ``reviews during even-numbered years''.
(e) Conforming Amendment.--Section 161 n. of the Atomic
Energy Act of 1954 (42 U.S.C. 2201(n)) is amended by striking
``(as defined in section 3136(i) of the National Defense
Authorization Act for Fiscal Year 2016 (42 U.S.C.
2077a(i)))'' and inserting ``(as defined in section 3136(h)
of the National Defense Authorization Act for Fiscal Year
2016 (42 U.S.C. 2077a(h)))''.
SEC. 3113. PLUTONIUM PIT PRODUCTION CAPACITY.
(a) Certifications.--Section 4219 of the Atomic Energy
Defense Act (50 U.S.C. 2538a) is amended by adding at the end
the following new subsections:
``(d) Certifications on Plutonium Enterprise.--
``(1) Requirement.--Not later than 30 days after the date
on which a covered project achieves a critical decision
milestone, the Assistant Secretary for Environmental
Management and the Deputy Administrator for Defense Programs
shall jointly certify to the congressional defense committees
that the operations, infrastructure, and workforce of such
project is adequate to carry out the delivery and disposal of
planned waste shipments relating to the plutonium enterprise,
as outlined in the critical decision memoranda of the
Department of Energy with respect to such project.
``(2) Failure to certify.--If the Assistant Secretary for
Environmental Management and the Deputy Administrator for
Defense Programs fail to make a certification under paragraph
(1) by the date specified in such paragraph with respect to a
covered project achieving a critical decision milestone, the
Assistant Secretary and the Deputy Administrator shall
jointly submit to the congressional defense committees, by
not later than 30 days after such date, a plan to ensure that
the operations, infrastructure, and workforce of such project
will be adequate to carry out the delivery and disposal of
planned waste shipments described in such paragraph.
``(e) Reports.--
``(1) Requirement.--Not later than March 1 of each year
during the period beginning on the date on which the first
covered project achieves critical decision 2 in the
acquisition process and ending on the date on which the
second project achieves critical decision 4 and begins
operations, the Administrator for Nuclear Security shall
submit to the congressional defense committees a report on
the production goals of both covered projects during the
first 10 years of the operation of the projects.
``(2) Elements.--Each report under paragraph (1) shall
include, with respect to the covered projects and the 10
years covered by the report--
``(A) the number of war reserve plutonium pits planned to
be produced during each year, including the associated
warhead type;
``(B) a description of risks and challenges to meeting the
performance baseline for the projects, as approved in
critical decision 2 in the acquisition process;
``(C) options available to the Administrator to balance
scope, costs, and production requirements at the projects to
decrease overall risk to the plutonium enterprise and
enduring plutonium pit requirements; and
``(D) an explanation of any changes to the production goals
or requirements as compared to the report submitted during
the previous year.
``(f) Covered Project Defined.--In this subsection, the
term `covered project' means--
``(1) the Savannah River Plutonium Processing Facility,
Savannah River Site, Aiken, South Carolina (Project 21-D-
511); or
``(2) the Plutonium Pit Production Project, Los Alamos
National Laboratory, Los Alamos, New Mexico (Project 21-D-
512).''.
(b) Briefing.--Not later than May 1, 2022, the
Administrator for Nuclear Security and the Director for Cost
Estimating and Program Evaluation shall jointly provide to
the congressional defense committees a briefing on the
ability of the National Nuclear Security Administration to
carry out the plutonium enterprise of the Administration,
including with respect to the adequacy of the program
management staff of the Administration to execute covered
projects (as defined in subsection (f) of section 4219 of the
Atomic Energy Defense Act (50 U.S.C. 2538a), as amended by
subsection (a)).
SEC. 3114. REPORT ON RUNIT DOME AND RELATED HAZARDS.
(a) Report.--
(1) Agreement.--The Secretary of the Interior shall seek to
enter into an agreement with an entity to prepare a report
on--
(A) the effects of climate change on the Runit Dome nuclear
waste disposal site in Enewetak Atoll, Marshall Islands; and
(B) other environmental hazards created by the United
States relating to nuclear bomb and other weapons testing in
the vicinity of Enewetak Atoll.
[[Page H4725]]
(2) Independent entity.--The Secretary shall select an
entity under paragraph (1) that is not part of the Federal
Government.
(b) Matters Included.--The report under subsection (a)
shall include the following:
(1) A detailed scientific analysis of any threats to the
environment, and to the health and safety, of the residents
of Enewetak Atoll posed by each of--
(A) the Runit Dome nuclear waste disposal site;
(B) crypts used to contain nuclear waste and other toxins
on Enewetak Atoll;
(C) radionuclides and other toxins present in the lagoon of
Enewetak Atoll, including areas in the lagoon where nuclear
waste was dumped;
(D) radionuclides and other toxins, including beryllium,
which may be present on the islands of Enewetak Atoll as a
result of nuclear tests and other activities of the Federal
Government, including tests of chemical and biological
warfare agents, rocket tests, contaminated aircraft landing
on Enewetak Island, and nuclear cleanup activities;
(E) radionuclides and other toxins that may be present in
the drinking water on Enewetak Island or in the water source
for the desalination plant; and
(F) radionuclides and other toxins that may be present in
the ground water under and in the vicinity of the Runit Dome
nuclear waste disposal site.
(2) A detailed scientific analysis of the extent to which
rising sea levels, severe weather events, and other effects
of climate change might exacerbate any of the threats
identified under paragraph (1).
(3) A detailed plan, including costs, to relocate all of
the nuclear waste and other toxic waste contained in--
(A) the Runit Dome nuclear waste disposal site;
(B) all of the crypts on Enewetak Atoll containing such
waste; and
(C) the three dumping areas in Enewetak's lagoon to a safe,
secure facility to be constructed in an uninhabited,
unincorporated territory of the United States.
(c) Marshallese Participation.--The Secretary shall ensure
that scientists or other experts selected by the Government
of the Marshall Islands are able to participate in all
aspects of the preparation of the report under subsection
(a), including, at a minimum, with respect to developing the
work plan, identifying questions, conducting research, and
collecting and interpreting data.
(d) Submission and Publication.--
(1) Federal register.--The Secretary shall publish the
report under subsection (a) in the Federal Register for
public comment for a period of not fewer than 60 days.
(2) Congress.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to
Congress the report under subsection (a).
(3) Public availability.--The Secretary shall publish on a
publicly available internet website the report under
subsection (a) and the results of the public comments
pursuant to paragraph (1).
SEC. 3115. UNIVERSITY-BASED NUCLEAR NONPROLIFERATION
COLLABORATION PROGRAM.
Title XLIII of the Atomic Energy Defense Act (50 U.S.C.
2565 et seq.) is amended by adding at the end the following
new section (and conforming the table of contents
accordingly):
``SEC. 4312. UNIVERSITY-BASED DEFENSE NUCLEAR
NONPROLIFERATION COLLABORATION PROGRAM.
``(a) Program.--The Administrator shall carry out a program
under which the Administrator establishes a policy research
consortium of institutions of higher education and nonprofit
entities in support of implementing and innovating the
defense nuclear nonproliferation programs of the
Administration. The Administrator shall establish and carry
out such program in a manner similar to the program
established under section 4814.
``(b) Purposes.--The purposes of the consortium under
subsection (a) are as follows:
``(1) To shape the formulation and application of policy
through the conduct of research and analysis regarding
defense nuclear nonproliferation programs.
``(2) To maintain open-source databases on issues relevant
to understanding defense nuclear nonproliferation, arms
control, and nuclear security.
``(3) To facilitate the collaboration of research centers
of excellence relating to defense nuclear nonproliferation to
better distribute expertise to specific issues and scenarios
regarding such threats.
``(c) Duties.--
``(1) Support.--The Administrator shall ensure that the
consortium established under subsection (a) provides support
to individuals described in paragraph (2) through the use of
nongovernmental fellowships, scholarships, research
internships, workshops, short courses, summer schools, and
research grants.
``(2) Individuals described.--The individuals described in
this paragraph are graduate students, academics, and policy
specialists, who are focused on policy innovation related
to--
``(A) defense nuclear nonproliferation;
``(B) arms control;
``(C) nuclear deterrence;
``(D) the study of foreign nuclear programs;
``(E) nuclear security; or
``(F) educating and training the next generation of defense
nuclear nonproliferation policy experts.''.
SEC. 3116. PROHIBITION ON AVAILABILITY OF FUNDS TO RECONVERT
OR RETIRE W76-2 WARHEADS.
(a) Prohibition.--Except as provided in subsection (b),
none of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2022 for the
National Nuclear Security Administration may be obligated or
expended to reconvert or retire a W76-2 warhead.
(b) Waiver.--The Administrator for Nuclear Security may
waive the prohibition in subsection (a) if the Administrator,
in consultation with the Secretary of Defense, the Director
of National Intelligence, and the Chairman of the Joint
Chiefs of Staff, certifies to the congressional defense
committees that Russia and China do not possess naval
capabilities similar to the W76-2 warhead in the active
stockpiles of the respective country.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2022, $31,000,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
SEC. 3202. TECHNICAL AMENDMENTS REGARDING CHAIR AND VICE
CHAIR OF DEFENSE NUCLEAR FACILITIES SAFETY
BOARD.
Chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.) is amended--
(1) in section 311 (42 U.S.C. 2286)--
(A) in subsection (c)(4), by striking ``the office of
Chairman'' and inserting ``the office of the Chair''; and
(B) by striking ``Chairman'' each place it appears
(including in the heading of subsection (c)) and inserting
``Chair''; and
(2) in section 313 (42 U.S.C. 2286b), by striking
``Chairman'' each place it appears and inserting ``Chair''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated
to the Secretary of Energy $13,650,000 for fiscal year 2022
for the purpose of carrying out activities under chapter 869
of title 10, United States Code, relating to the naval
petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
(a) In General.--There are authorized to be appropriated to
the Department of Transportation for fiscal year 2022, to be
available without fiscal year limitation if so provided in
appropriations Acts, for programs associated with maintaining
the United States merchant marine, the following amounts:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $90,532,000, of which--
(A) $85,032,000 shall be for Academy operations; and
(B) $5,500,000 shall remain available until expended for
capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $358,300,000, of which--
(A) $2,400,000 shall remain available until September 30,
2026, for the Student Incentive Program; and
(B) $30,500,000 shall remain available until expended for
maintenance and repair of State maritime academy training
vessels.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, $315,600,000, which shall
remain available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $60,853,000.
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $10,000,000, which shall
remain available until expended.
(6) For expenses necessary to maintain and preserve a
United States flag merchant marine to serve the national
security needs of the United States under chapter 531 of
title 46, United States Code, $318,000,000.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000 may be used for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a(5))) of loan guarantees under the program; and
(B) $3,000,000 may be used for administrative expenses
relating to loan guarantee commitments under the program.
(8) For expenses necessary to provide for the Tanker
Security Fleet, as authorized under chapter 534 of title 46,
United States Code, $60,000,000, to remain available until
expended.
(9) For expenses necessary to support maritime
environmental and technical assistance activities authorized
under section 50307 of title 46, United States Code,
$6,000,000, of which $3,000,000 is authorized to carry out
activities related to port and vessel air emission reduction
technologies, including zero emissions technologies; and
(10) For expenses necessary to support marine highway
program activities authorized under chapter 556 of such
title, $11,000,000.
(11) For expenses necessary to provide assistance to small
shipyards authorized under section 54101 of title 46, United
States Code, $20,000,000.
(12) For expenses necessary to support port development
activities authorized under subsections (a) and (b) of
section 54301 of such title (as added by this title),
$750,000,000.
(b) Limitation.--No amounts authorized under subsection
(a)(11) may be used to provide
[[Page H4726]]
a grant to purchase fully automated cargo handling equipment
that is remotely operated or remotely monitored with or
without the exercise of human intervention or control, if the
Secretary determines such equipment would result in a net
loss of jobs within a port or port terminal.
SEC. 3502. MARITIME ADMINISTRATION.
(a) In General.--
(1) Part A of subtitle V of title 46, United States Code,
is amended by inserting before chapter 501 the following:
``CHAPTER 500--MARITIME ADMINISTRATION
``Sec.
``50001. Maritime Administration.
``Sec. 50001. Maritime Administration''.
(2) Section 109 of title 49, United States Code, is
redesignated as section 50001 of title 46, United States
Code, and transferred to appear in chapter 500 of such title
(as added by paragraph (1)).
(b) Clerical Amendments.--
(1) The table of chapters for subtitle V of title 46,
United States Code, as amended by this title, is further
amended by inserting before the item relating to chapter 501
the following:
``500. Maritime Administration.............................50001''.....
(2) The analysis for chapter 1 of title 49, United States
Code, is amended by striking the item relating to section
109.
Subtitle B--Other Matters
SEC. 3511. EFFECTIVE PERIOD FOR ISSUANCE OF DOCUMENTATION FOR
RECREATIONAL VESSELS.
Section 12105(e)(2) of title 46, United States Code, is
amended--
(1) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) In general.--The owner or operator of a recreational
vessel may choose a period of effectiveness of between 1 and
5 years for a certificate of documentation for a recreational
vessel or the renewal thereof.''; and
(2) by redesignating subparagraph (C) as subparagraph (B).
SEC. 3512. AMERICA'S MARINE HIGHWAY PROGRAM.
(a) America's Marine Highway Program.--Section 55601 of
title 46, United States Code, is amended to read as follows:
``Sec. 55601. America's marine highway program
``(a) Program.--
``(1) In general.--The Secretary of Transportation shall--
``(A) establish a marine highway program to be known as
America's marine highway program;
``(B) designate marine highway routes under subsection (c);
``(C) designate marine highway transportation projects
under subsection (d); and
``(D) subject to the availability of appropriations,
provide assistance under subsection (e).
``(2) Program activities.--In carrying out the marine
highway program established under paragraph (1), the
Secretary may--
``(A) coordinate with ports, State departments of
transportation, localities, other public agencies, and the
private sector on the development of landside facilities and
infrastructure to support marine highway transportation;
``(B) develop performance measures for such marine highway
program;
``(C) collect and disseminate data for the designation and
delineation of marine highway transportation routes under
subsection (c); and
``(D) conduct research on solutions to impediments to
marine highway transportation projects designated under
subsection (d).
``(b) Criteria.--Routes designated under subsection (c) and
projects designated under subsection (d) shall--
``(1) provide a coordinated and capable alternative to
landside transportation;
``(2) mitigate or relieve landside congestion; or
``(3) promote marine highway transportation.
``(c) Marine Highway Transportation Routes.--The Secretary
shall designate marine highway transportation routes that
meet the criteria established in subsection (b) as extensions
of the surface transportation system.
``(d) Project Designation.--The Secretary may designate a
project that meets the criteria established in subsection (b)
to be a marine highway transportation project if the
Secretary determines that such project uses vessels
documented under chapter 121 and--
``(1) develops, expands or promotes--
``(A) marine highway transportation services;
``(B) shipper utilization of marine highway transportation;
or
``(C) port and landside infrastructure for which assistance
is not available under section 54301; or
``(2) implements strategies developed under section 55603.
``(e) Assistance.--
``(1) In general.--The Secretary may make grants, or enter
into contracts or cooperative agreements, to implement
projects or components of a project designated under
subsection (d).
``(2) Application.--To receive a grant or enter into a
contract or cooperative agreement under the program, an
applicant shall--
``(A) submit an application to the Secretary in such form
and manner, at such time, and containing such information as
the Secretary may require; and
``(B) demonstrate to the satisfaction of the Secretary
that--
``(i) the project is financially viable;
``(ii) the funds or other assistance received will be spent
or used efficiently and effectively; and
``(iii) a market exists for the services of the proposed
project, as evidenced by contracts or written statements of
intent from potential customers.
``(3) Non-federal share.--An applicant shall provide at
least 20 percent of the project costs from non-Federal
sources. In awarding grants or entering in contracts or
cooperative agreements under this subsection, the Secretary
shall give a preference to those projects or components that
present the most financially viable transportation services
and require the lowest percentage Federal share of the
costs.''.
(b) Multistate, State, and Regional Transportation
Planning.--Chapter 556 of title 46, United States Code, is
amended by inserting after section 55602 the following:
``Sec. 55603. Multistate, State, and regional transportation
planning
``(a) In General.--The Secretary, in consultation with
Federal entities, State and local governments, and the
private sector, may develop strategies to encourage the use
of marine highways transportation for transportation of
passengers and cargo.
``(b) Strategies.--In developing the strategies described
in subsection (a), the Secretary may--
``(1) assess the extent to which States and local
governments include marine highway transportation and other
marine transportation solutions in transportation planning;
``(2) encourage State departments of transportation to
develop strategies, where appropriate, to incorporate marine
highway transportation, ferries, and other marine
transportation solutions for regional and interstate
transport of freight and passengers in transportation
planning; and
``(3) encourage groups of States and multi-State
transportation entities to determine how marine highways can
address congestion, bottlenecks, and other interstate
transportation challenges.''.
(c) Clerical Amendments.--The analysis for chapter 556 of
title 46, United States Code, is amended--
(1) by striking the item relating to section 55601 and
inserting the following:
``55601. America's marine highway program.''; and
(2) by inserting after the item relating to section 55602
the following:
``55603. Multistate, State, and regional transportation planning.''.
SEC. 3513. COMMITTEES ON MARITIME MATTERS.
(a) In General.--
(1) Chapter 555 of title 46, United States Code, is
redesignated as chapter 504 of such title and transferred to
appear after chapter 503 of such title.
(2) Chapter 504 of such title, as redesignated by paragraph
(1), is amended in the chapter heading by striking
``MISCELLANEOUS'' and inserting ``COMMITTEES''.
(3) Sections 55501 and 55502 of such title are redesignated
as section 50401 and section 50402, respectively, of such
title and transferred to appear in chapter 504 of such title
(as redesignated by paragraph (1)).
(4) The section heading for section 50401 of such title, as
redesignated by paragraph (3), is amended to read as follows:
``united states committee on the marine transportation
system''.
(b) Conforming Amendment.--Section 8332(b)(1) of the Elijah
E. Cummings Coast Guard Authorization Act of 2020 (division G
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116-283))
is amended by striking ``section 55502'' and inserting
``section 50402''.
(c) Clerical Amendments.--
(1) The analysis for chapter 504 of title 46, United States
Code, as redesignated by subsection (a)(1), is amended to
read as follows:
``Chapter 504--Committees
``Sec.
``50401. United States Committee on the Marine Transportation System.
``50402. Maritime Transportation System National Advisory Committee.''.
(2) The table of chapters for subtitle V of title 46,
United States Code, is amended--
(A) by inserting after the item relating to chapter 503 the
following:
``504. Committees......................................50401''; and....
(B) by striking the item relating to chapter 555.
SEC. 3514. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM.
(a) In General.--
(1) Part C of subtitle V of title 46, United States Code,
is amended by adding at the end the following:
``CHAPTER 543--PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
``Sec.
``54301. Port infrastructure development program.
``Sec. 54301. Port infrastructure development program''.
(2) Subsections (c), (d), and (e) of section 50302 of such
title are redesignated as subsections (a), (b), and (c) of
section 54301 of such title, respectively, and transferred to
appear in chapter 543 of such title (as added by paragraph
(1)).
(b) Amendments to Section 54301.--Section 54301 of such
title, as redesignated by subsection (a)(2), is amended--
(1) in subsection (a)--
(A) in paragraph (2) by striking ``or subsection (d)'' and
inserting ``or subsection (b)'';
(B) in paragraph (3)(A)(ii)--
(i) in subclause (II) by striking ``; or'' and inserting a
semicolon; and
(ii) by adding at the end the following:
``(IV) emissions mitigation measures directly related to
reducing the overall carbon footprint from port operations;
or'';
(C) in paragraph (5)--
(i) in subparagraph (A) by striking ``or subsection (d)''
and inserting ``or subsection (b)''; and
[[Page H4727]]
(ii) in subparagraph (B) by striking ``subsection (d)'' and
inserting ``subsection (b)'';
(D) in paragraph (6)--
(i) in subparagraph (A)(i)--
(I) by striking ``movement of goods through a port or
intermodal connection to a port'' and inserting ``movement
of--''; and
(II) by adding at the end the following new subclauses:
``(I) goods through a port or intermodal connection to a
port; or
``(II) passengers through an emission mitigation measure
under paragraph (3)(A)(ii)(IV) that provides for the use of
shore power for vessels to which sections 3507 and 3508
apply.''; and
(ii) in subparagraph (B)--
(I) in clause (i) by striking ``; and'' and inserting a
semicolon;
(II) in clause (ii) by striking the period and inserting
``; and''; and
(III) by adding at the end the following:
``(iii) projects that increase the port's resilience to
sea-level rise, flooding, extreme weather events, including
events associated with climate change.'';
(E) in paragraph (7)--
(i) in subparagraph (B), by striking ``subsection (d)'' in
each place it appears and inserting ``subsection (b)''; and
(ii) in subparagraph (C) by striking ``subsection
(d)(3)(A)(ii)(III)'' and inserting ``subsection
(b)(3)(A)(ii)(III)'';
(F) in paragraph (8)--
(i) in subparagraph (A) by striking ``or subsection (d)''
and inserting ``or subsection (b)''; and
(ii) in subparagraph (B)--
(I) in clause (i) by striking ``subsection (d)'' and
inserting ``subsection (b)''; and
(II) in clause (ii) by striking ``subsection (d)'' and
inserting ``subsection (b)'';
(G) in paragraph (9) by striking ``subsection (d)'' and
inserting ``subsection (b)'';
(H) in paragraph (10) by striking ``subsection (d)'' and
inserting ``subsection (b)''; and
(I) in paragraph (12)--
(i) by striking ``subsection (d)'' and inserting
``subsection (b)''; and
(ii) by adding at the end the following:
``(D) Resilience.--The term `resilience' means the ability
to anticipate, prepare for, adapt to, withstand, respond to,
and recover from operational disruptions and sustain critical
operations at ports, including disruptions caused by natural
or manmade hazards.
``(E) Carbon footprint.--The term `carbon footprint' means
the total carbon-based pollutants, products, and any
greenhouse gases that are emitted into the atmosphere
resulting from the consumption of fossil fuels.
``(F) Climate change.--The term `climate change' means
detectable changes in 1 or more climate system components
over multiple decades, including--
``(i) changes in the average temperature of the atmosphere
or ocean;
``(ii) changes in regional precipitation, winds, and
cloudiness; and
``(iii) changes in the severity or duration of extreme
weather, including droughts, floods, and storms.'';
(2) in subsection (b)--
(A) in the subsection heading by striking ``Inland'' and
inserting ``Inland River'';
(B) in paragraph (1) by striking ``subsection (c)(7)(B)''
and inserting ``subsection (a)(7)(B)'';
(C) in paragraph (3)(A)(ii)(III) by striking ``subsection
(c)(3)(B)'' and inserting ``subsection (a)(3)(B)''; and
(D) in paragraph (5)(A) by striking ``subsection
(c)(8)(B)'' and inserting ``subsection (a)(8)(B)''; and
(3) in subsection (c)--
(A) by striking ``subsection (c) or subsection (d)'' and
inserting ``subsection (a) or subsection (b)''; and
(B) by striking ``subsection (c)(2)'' and inserting
``subsection (a)(2)''.
(c) Clerical Amendments.--The table of chapters for
subtitle V of title 46, United States Code, as amended by
this title, is further amended by inserting after the item
relating to chapter 541 the following:
``543. Port Infrastructure Development Program.............54301''.....
SEC. 3515. USES OF EMERGING MARINE TECHNOLOGIES AND
PRACTICES.
Section 50307 of title 46, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f);
(2) by inserting after subsection (d) the following:
``(e) Uses.--The results of activities conducted under
subsection (b)(1) shall be used to inform--
``(1) the policy decisions of the United States related to
domestic regulations; and
``(2) the position of the United States on matters before
the International Maritime Organization.''; and
(3) by adding at the end the following:
``(g) Air Emissions Defined.--In this section, the term
`air emissions' means release into the air of--
``(1) air pollutants, as such term is defined in section
302 of the Clean Air Act (42 U.S.C. 7602); or
``(2) gases listed in section 731(2) of the Global
Environmental Protection Assistance Act of 1989 (22 U.S.C.
7901(2)).''.
SEC. 3516. PROHIBITION ON PARTICIPATION OF LONG TERM CHARTERS
IN TANKER SECURITY FLEET.
(a) Definition of Long Term Charter.--Section 53401 of
title 46, United States Code, is amended by adding at the end
the following new paragraph:
``(8) Long term charter.--The term `long term charter'
means any time charter of a product tank vessel to the United
States Government that together with options is for more than
180 days.''.
(b) Participation of Long Term Charters in Tanker Security
Fleet.--Section 53404(b) of such title is amended--
(1) by striking ``The program participant of a'' and
inserting ``Any'';
(2) by inserting ``long term'' before ``charter'';
(3) by inserting ``not'' before ``eligible''; and
(4) by striking ``receive payments pursuant to any
operating agreement that covers such vessel'' and inserting
``participate in the Fleet''.
SEC. 3517. COASTWISE ENDORSEMENT.
Notwithstanding sections 12112 of title 46, United States
Code, the Secretary of the department in which the Coast
Guard is operating may issue a certificate of documentation
with a coastwise endorsement for the vessel WIDGEON (United
States official number 1299656).
SEC. 3518. REPORT ON EFFORTS OF COMBATANT COMMANDS TO COMBAT
THREATS POSED BY ILLEGAL, UNREPORTED, AND
UNREGULATED FISHING.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Navy,
in consultation with the Director of the Office of Naval
Research and the heads of other relevant agencies, as
determined by the Secretary, shall submit to the Committee on
Armed Services, the Committee on Commerce, Science, and
Transportation, the Committee on Foreign Relations, and the
Committee on Appropriations of the Senate and the Committee
on Armed Services, the Committee on Natural Resources, the
Committee on Transportation and Infrastructure, the Committee
on Foreign Affairs, and the Committee on Appropriations of
the House of Representatives a report on the combatant
commands' maritime domain awareness efforts to combat the
threats posed by illegal, unreported, and unregulated
fishing.
(b) Contents of Report.--The report required by subsection
(a) shall include a detailed summary of each of the following
for each combatant command:
(1) The activities undertaken to date to combat the threats
posed by illegal, unreported, and unregulated fishing in the
geographic area of the combatant command, including the steps
taken to build partner capacity to combat such threats.
(2) Coordination with the Armed Forces of the United
States, partner nations, and public-private partnerships to
combat such threats.
(3) Efforts undertaken to support unclassified data
integration, analysis, and delivery with regional partners to
combat such threats.
(4) Best practices and lessons learned from existing and
previous efforts relating to such threats, including
strategies for coordination and successes in public-private
partnerships.
(5) Limitations related to affordability, resource
constraints, or other gaps or factors that constrain the
success or expansion of efforts related to such threats.
(6) Any new authorities needed to support efforts to combat
the threats posed by illegal, unreported, and unregulated
fishing.
(c) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 3519. COAST GUARD YARD IMPROVEMENT.
Of the amounts authorized to be appropriated under section
4902(2)(A)(ii) of title 14, United States Code, for fiscal
year 2022, $175,000,000 shall be made available to the
Commandant to improve facilities at the Coast Guard Yard in
Baltimore, Maryland, including improvements to dock, dry
dock, capital equipment improvements, or dredging necessary
to facilitate access to such Yard.
SEC. 3520. AUTHORIZATION TO PURCHASE DUPLICATE MEDALS.
(a) In General.--The Secretary of Transportation, acting
through the Administrator of the Maritime Administration, may
use funds appropriated for the fiscal year in which the date
of the enactment of this Act occurs, or funds appropriated
for any prior fiscal year, for the Maritime Administration to
purchase duplicate medals authorized under the Merchant
Mariners of World War II Congressional Gold Medal Act of 2020
(Public Law 116-125) and provide such medals to eligible
individuals who engaged in qualified service who submit an
application under subsection (b) and were United States
merchant mariners of World War II.
(b) Application.--To be eligible to receive a medal
described in subsection (a), an eligible individual who
engaged in qualified service shall submit to the
Administrator an application containing such information and
assurances as the Administrator may require.
(c) Eligible Individual Who Engaged in Qualified Service.--
In this section, the term ``eligible individual who engaged
in qualified service'' means an individual who, between
December 7, 1941, and December 31, 1946--
(1) was a member of the United States merchant marine,
including the Army Transport Service and the Navy Transport
Service, serving as a crewmember of a vessel that was--
(A) operated by the War Shipping Administration, the Office
of Defense Transportation, or an agent of such departments;
(B) operated in waters other than inland waters, the Great
Lakes, and other lakes, bays, or harbors of the United
States;
(C) under contract or charter to, or property of, the
Government of the United States; and
(D) serving in the Armed Forces; and
(2) while so serving, was licensed or otherwise documented
for service as a crewmember of such a vessel by an officer or
employee of the United States authorized to license or
document the person for such service.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) Authorization.--Whenever a funding table in this
division specifies a dollar amount authorized for a project,
program, or activity,
[[Page H4728]]
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.--
(1) In general.--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--
(A) except as provided in paragraph (2), 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
(B) comply with other applicable provisions of law.
(2) Exception.--Paragraph (1)(A) does not apply to a
decision to commit, obligate, or expend funds on the basis of
a dollar amount authorized pursuant to subsection (a) if the
project, program, or activity involved--
(A) is listed in section 4201; and
(B) is identified as Community Project Funding through the
inclusion of the abbreviation ``CPF'' immediately before the
name of the project, program, or activity.
(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 1512 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 and 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.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2022 House
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
001 UTILITY F/W AIRCRAFT. 20,000
Avionics upgrade. [20,000]
004 SMALL UNMANNED 16,005 16,005
AIRCRAFT SYSTEM.
ROTARY
007 AH-64 APACHE BLOCK 504,136 494,136
IIIA REMAN.
Unit cost growth. [-10,000]
008 AH-64 APACHE BLOCK 192,230 192,230
IIIA REMAN AP.
010 UH-60 BLACKHAWK M 630,263 793,763
MODEL (MYP).
UH-60 Black Hawk [211,500]
for Army Guard.
Unit cost growth. [-48,000]
011 UH-60 BLACKHAWK M 146,068 146,068
MODEL (MYP) AP.
012 UH-60 BLACK HAWK L 166,205 166,205
AND V MODELS.
013 CH-47 HELICOPTER..... 145,218 397,218
Army UPL......... [111,100]
Program increase-- [140,900]
F Block II Army
UPL.
014 CH-47 HELICOPTER AP.. 18,559 47,559
Program increase-- [29,000]
F Block II.
MODIFICATION OF
AIRCRAFT
017 GRAY EAGLE MODS2..... 3,143 33,143
Recapitalization [30,000]
of MQ-1 aircraft
to extended range
Multi Domain
Operations
configuration.
018 MULTI SENSOR ABN 127,665 115,910
RECON.
ABN ISR Mods-- [-4,000]
insufficient
justification.
ARL Payloads--MEP [-3,000]
SIL reduction.
Unjustified cost-- [-4,755]
spares.
019 AH-64 MODS........... 118,560 113,560
Unjustified cost-- [-5,000]
Spike NLOS
integration.
020 CH-47 CARGO 9,918 9,918
HELICOPTER MODS
(MYP).
021 GRCS SEMA MODS....... 2,762 2,762
022 ARL SEMA MODS........ 9,437 9,437
023 EMARSS SEMA MODS..... 1,568 1,568
024 UTILITY/CARGO 8,530 8,530
AIRPLANE MODS.
025 UTILITY HELICOPTER 15,826 51,826
MODS.
Program increase. [11,000]
UH-72 [25,000]
modernization.
026 NETWORK AND MISSION 29,206 29,206
PLAN.
027 COMMS, NAV 58,117 58,117
SURVEILLANCE.
029 AVIATION ASSURED PNT. 47,028 45,862
Excess to need... [-1,166]
030 GATM ROLLUP.......... 16,776 16,776
032 UAS MODS............. 3,840 3,840
GROUND SUPPORT
AVIONICS
033 AIRCRAFT 64,561 64,561
SURVIVABILITY
EQUIPMENT.
034 SURVIVABILITY CM..... 5,104 5,104
035 CMWS................. 148,570 148,570
036 COMMON INFRARED 240,412 240,412
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
038 COMMON GROUND 13,561 13,561
EQUIPMENT.
039 AIRCREW INTEGRATED 41,425 41,425
SYSTEMS.
040 AIR TRAFFIC CONTROL.. 21,759 21,759
TOTAL AIRCRAFT 2,806,452 3,309,031
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
002 LOWER TIER AIR AND 35,473 35,473
MISSILE DEFENSE
(AMD) SEN.
003 M-SHORAD--PROCUREMENT 331,575 331,575
004 MSE MISSILE.......... 776,696 776,696
005 PRECISION STRIKE 166,130 166,130
MISSILE (PRSM).
006 INDIRECT FIRE 25,253 20,253
PROTECTION
CAPABILITY INC 2-I.
Maintain level of [-5,000]
effort.
AIR-TO-SURFACE
MISSILE SYSTEM
007 HELLFIRE SYS SUMMARY. 118,800 115,800
Unit cost growth. [-3,000]
008 JOINT AIR-TO-GROUND 152,177 214,177
MSLS (JAGM).
[[Page H4729]]
Army UPL......... [67,000]
Unit cost growth. [-5,000]
009 LONG RANGE PRECISION 44,744 40,744
MUNITION.
Early to need.... [-4,000]
ANTI-TANK/ASSAULT
MISSILE SYS
010 JAVELIN (AAWS-M) 120,842 130,842
SYSTEM SUMMARY.
Early to need.... [-5,000]
JAVELIN [15,000]
Lightweight
Command Launch
Units (LWCLU)--
Army UPL.
011 TOW 2 SYSTEM SUMMARY. 104,412 102,412
Excess to need... [-2,000]
012 GUIDED MLRS ROCKET 935,917 975,917
(GMLRS).
Army UPL......... [20,000]
Previously funded [-30,000]
Program increase-- [50,000]
Army UPL.
013 MLRS REDUCED RANGE 29,574 29,574
PRACTICE ROCKETS
(RRPR).
014 HIGH MOBILITY 128,438 128,438
ARTILLERY ROCKET
SYSTEM (HIMARS.
016 LETHAL MINIATURE 68,278 68,278
AERIAL MISSILE
SYSTEM (LMAMS.
MODIFICATIONS
017 PATRIOT MODS......... 205,469 205,469
021 AVENGER MODS......... 11,227 11,227
022 ITAS/TOW MODS........ 4,561 4,561
023 MLRS MODS............ 273,856 273,856
024 HIMARS MODIFICATIONS. 7,192 7,192
SPARES AND REPAIR
PARTS
025 SPARES AND REPAIR 5,019 5,019
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
026 AIR DEFENSE TARGETS.. 10,618 10,618
TOTAL MISSILE 3,556,251 3,654,251
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
001 ARMORED MULTI PURPOSE 104,727 104,727
VEHICLE (AMPV).
002 ASSAULT BREACHER 16,454 16,454
VEHICLE (ABV).
003 MOBILE PROTECTED 286,977 286,977
FIREPOWER.
MODIFICATION OF
TRACKED COMBAT
VEHICLES
005 STRYKER UPGRADE...... 1,005,028 1,120,028
Excess growth.... [-24,000]
Program increase. [139,000]
006 BRADLEY PROGRAM (MOD) 461,385 564,704
Program increase. [46,350]
Program increase [56,969]
for IBAS--Army
UPL.
007 M109 FOV 2,534 2,534
MODIFICATIONS.
008 PALADIN INTEGRATED 446,430 673,430
MANAGEMENT (PIM).
Program increase. [77,515]
Program increase [149,485]
Army UPL.
009 IMPROVED RECOVERY 52,059 52,059
VEHICLE (M88A2
HERCULES).
010 ASSAULT BRIDGE (MOD). 2,136 2,136
013 JOINT ASSAULT BRIDGE. 110,773 110,773
Cost growth...... [-4,000]
Program increase. [4,000]
015 ABRAMS UPGRADE 981,337 1,350,337
PROGRAM.
Army UPL......... [234,457]
Excess carryover. [-40,457]
Program increase. [175,000]
016 VEHICLE PROTECTION 80,286 80,286
SYSTEMS (VPS).
WEAPONS & OTHER
COMBAT VEHICLES
018 MULTI-ROLE ANTI-ARMOR 31,623 31,623
ANTI-PERSONNEL
WEAPON S.
019 MORTAR SYSTEMS....... 37,485 50,338
Mortar cannons-- [12,853]
Army UPL.
020 XM320 GRENADE 8,666 8,666
LAUNCHER MODULE
(GLM).
021 PRECISION SNIPER 11,040 11,040
RIFLE.
023 CARBINE.............. 4,434 4,434
024 NEXT GENERATION SQUAD 97,087 97,087
WEAPON.
026 HANDGUN.............. 4,930 4,930
MOD OF WEAPONS AND
OTHER COMBAT VEH
027 MK-19 GRENADE MACHINE 13,027 13,027
GUN MODS.
028 M777 MODS............ 21,976 23,771
S/W Defined Radio- [1,795]
Hardware
Integration kits--
Army UPL.
030 M2 50 CAL MACHINE GUN 3,612 21,527
MODS.
M2A1 machine [17,915]
guns--Army UPL.
SUPPORT EQUIPMENT &
FACILITIES
036 ITEMS LESS THAN $5.0M 1,068 1,068
(WOCV-WTCV).
037 PRODUCTION BASE 90,819 90,819
SUPPORT (WOCV-WTCV).
TOTAL 3,875,893 4,722,775
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 47,490 79,890
TYPES.
Program increase. [16,480]
Small Caliber [15,920]
Ammo--Army UPL.
002 CTG, 7.62MM, ALL 74,870 103,343
TYPES.
Program increase. [28,473]
[[Page H4730]]
003 NEXT GENERATION SQUAD 76,794 76,794
WEAPON AMMUNITION.
004 CTG, HANDGUN, ALL 7,812 7,812
TYPES.
005 CTG, .50 CAL, ALL 29,716 58,116
TYPES.
Program increase. [28,400]
006 CTG, 20MM, ALL TYPES. 4,371 4,371
008 CTG, 30MM, ALL TYPES. 34,511 34,511
009 CTG, 40MM, ALL TYPES. 35,231 49,231
Medium Caliber [14,000]
Ammo--Army UPL.
MORTAR AMMUNITION
010 60MM MORTAR, ALL 23,219 23,219
TYPES.
011 81MM MORTAR, ALL 52,135 52,135
TYPES.
012 120MM MORTAR, ALL 104,144 104,144
TYPES.
TANK AMMUNITION
013 CARTRIDGES, TANK, 224,503 218,503
105MM AND 120MM, ALL
TYPES.
Early to need.... [-6,000]
ARTILLERY AMMUNITION
014 ARTILLERY CARTRIDGES, 26,709 54,753
75MM & 105MM, ALL
TYPES.
Army UPL......... [30,844]
Prior-year [-2,800]
carryover.
015 ARTILLERY PROJECTILE, 174,015 148,015
155MM, ALL TYPES.
Prior-year [-26,000]
carryover.
016 PROJ 155MM EXTENDED 73,498 61,498
RANGE M982.
Unit cost growth. [-12,000]
017 ARTILLERY 150,873 150,873
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
018 MINES & CLEARING 25,980 20,980
CHARGES, ALL TYPES.
Excess to need... [-5,000]
019 CLOSE TERRAIN SHAPING 34,761 29,761
OBSTACLE.
Contract Delay... [-5,000]
ROCKETS
020 SHOULDER LAUNCHED 24,408 22,408
MUNITIONS, ALL TYPES.
Excess to need... [-2,000]
021 ROCKET, HYDRA 70, ALL 109,536 123,336
TYPES.
Program increase. [13,800]
OTHER AMMUNITION
022 CAD/PAD, ALL TYPES... 6,549 6,549
023 DEMOLITION MUNITIONS, 27,904 27,904
ALL TYPES.
024 GRENADES, ALL TYPES.. 37,437 37,437
025 SIGNALS, ALL TYPES... 7,530 7,530
026 SIMULATORS, ALL TYPES 8,350 8,350
027 REACTIVE ARMOR TILES. 17,755 17,755
MISCELLANEOUS
028 AMMO COMPONENTS, ALL 2,784 2,784
TYPES.
029 ITEMS LESS THAN $5 17,797 17,797
MILLION (AMMO).
030 AMMUNITION PECULIAR 12,290 12,290
EQUIPMENT.
031 FIRST DESTINATION 4,331 4,331
TRANSPORTATION
(AMMO).
032 CLOSEOUT LIABILITIES. 99 99
PRODUCTION BASE
SUPPORT
034 INDUSTRIAL FACILITIES 538,120 642,620
Demo/ [40,000]
Environmental
remediation
(RAAP)--Army UPL.
Environmental, [40,000]
Safety,
Construction,
Maintenance and
Repair GOCO--Army
UPL.
Pyrotechnics [12,000]
Energetic
Capability
(LCAAP)--Army UPL.
Solvent [12,500]
Propellant
Facility (RAAP)--
Army UPL.
035 CONVENTIONAL 139,410 232,410
MUNITIONS
DEMILITARIZATION.
Program increase. [93,000]
036 ARMS INITIATIVE...... 3,178 3,178
TOTAL 2,158,110 2,444,727
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
002 SEMITRAILERS, 12,539 18,931
FLATBED:.
M872A4 trailer-- [6,392]
Army UPL.
003 SEMITRAILERS, TANKERS 17,985 17,985
004 HI MOB MULTI-PURP 60,706 60,706
WHLD VEH (HMMWV).
005 GROUND MOBILITY 29,807 44,807
VEHICLES (GMV).
Program increase [15,000]
for ISV.
008 JOINT LIGHT TACTICAL 574,562 605,562
VEHICLE FAMILY OF
VEHICL.
Early to need.... [-89,000]
Program increase. [120,000]
009 TRUCK, DUMP, 20T 9,882 29,382
(CCE).
Heavy Dump, [10,000]
M917A3.
Program increase. [9,500]
010 FAMILY OF MEDIUM 36,885 76,885
TACTICAL VEH (FMTV).
Program Increase. [40,000]
011 FAMILY OF COLD 16,450 13,823
WEATHER ALL-TERRAIN
VEHICLE (C.
Cost growth...... [-2,627]
012 FIRETRUCKS & 26,256 26,256
ASSOCIATED
FIREFIGHTING EQUIP.
013 FAMILY OF HEAVY 64,282 64,282
TACTICAL VEHICLES
(FHTV).
014 PLS ESP.............. 16,943 16,943
015 HVY EXPANDED MOBILE 109,000
TACTICAL TRUCK EXT
SERV.
Program increase. [109,000]
017 TACTICAL WHEELED 17,957 17,957
VEHICLE PROTECTION
KITS.
[[Page H4731]]
018 MODIFICATION OF IN 29,349 212,650
SVC EQUIP.
HMMWV [183,301]
modifications.
NON-TACTICAL VEHICLES
020 PASSENGER CARRYING 1,232 1,232
VEHICLES.
021 NONTACTICAL VEHICLES, 24,246 19,246
OTHER.
Excess carryover. [-5,000]
COMM--JOINT
COMMUNICATIONS
022 SIGNAL MODERNIZATION 140,036 140,036
PROGRAM.
023 TACTICAL NETWORK 436,524 429,024
TECHNOLOGY MOD IN
SVC.
Excess to need... [-7,500]
025 DISASTER INCIDENT 3,863 3,863
RESPONSE COMMS
TERMINAL.
026 JCSE EQUIPMENT 4,845 4,845
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
029 DEFENSE ENTERPRISE 97,369 97,369
WIDEBAND SATCOM
SYSTEMS.
030 TRANSPORTABLE 120,550 115,550
TACTICAL COMMAND
COMMUNICATIONS.
Early to need.... [-5,000]
031 SHF TERM............. 38,129 38,129
032 ASSURED POSITIONING, 115,291 112,791
NAVIGATION AND
TIMING.
Excess to need... [-2,500]
033 SMART-T (SPACE)...... 15,407 15,407
034 GLOBAL BRDCST SVC-- 2,763 2,763
GBS.
COMM--C3 SYSTEM
037 COE TACTICAL SERVER 99,858 99,858
INFRASTRUCTURE (TSI).
COMM--COMBAT
COMMUNICATIONS
038 HANDHELD MANPACK 775,069 730,069
SMALL FORM FIT (HMS).
Cost deviation... [-5,000]
Single Channel [-35,000]
Data Radio
program decrease.
Support cost [-5,000]
excess to need.
040 ARMY LINK 16 SYSTEMS. 17,749 17,749
042 UNIFIED COMMAND SUITE 17,984 17,984
043 COTS COMMUNICATIONS 191,702 185,702
EQUIPMENT.
Unit cost growth. [-6,000]
044 FAMILY OF MED COMM 15,957 15,957
FOR COMBAT CASUALTY
CARE.
045 ARMY COMMUNICATIONS & 89,441 79,441
ELECTRONICS.
lnsufficient [-10,000]
justification.
COMM--INTELLIGENCE
COMM
047 CI AUTOMATION 13,317 13,317
ARCHITECTURE-INTEL.
048 DEFENSE MILITARY 5,207 5,207
DECEPTION INITIATIVE.
049 MULTI-DOMAIN 20,095 20,095
INTELLIGENCE.
INFORMATION SECURITY
051 INFORMATION SYSTEM 987 987
SECURITY PROGRAM-
ISSP.
052 COMMUNICATIONS 126,273 126,273
SECURITY (COMSEC).
053 DEFENSIVE CYBER 27,389 31,489
OPERATIONS.
Cybersecurity / [4,100]
IT network
mapping.
056 SIO CAPABILITY....... 21,303 21,303
057 BIOMETRIC ENABLING 914 914
CAPABILITY (BEC).
COMM--LONG HAUL
COMMUNICATIONS
059 BASE SUPPORT 9,209 24,209
COMMUNICATIONS.
Land Mobile [15,000]
Radios.
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS.. 219,026 219,026
061 EMERGENCY MANAGEMENT 4,875 4,875
MODERNIZATION
PROGRAM.
064 INSTALLATION INFO 223,001 225,041
INFRASTRUCTURE MOD
PROGRAM.
EUCOM--MPE [2,040]
USAREUR.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
067 JTT/CIBS-M........... 5,463 5,463
068 TERRESTRIAL LAYER 39,240 39,240
SYSTEMS (TLS).
070 DCGS-A-INTEL......... 92,613 114,563
Army UPL......... [26,950]
Program decrease. [-5,000]
071 JOINT TACTICAL GROUND 8,088 8,088
STATION (JTAGS)-
INTEL.
072 TROJAN............... 30,828 30,828
073 MOD OF IN-SVC EQUIP 39,039 39,039
(INTEL SPT).
074 BIOMETRIC TACTICAL 11,097 11,097
COLLECTION DEVICES.
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
076 EW PLANNING & 783 783
MANAGEMENT TOOLS
(EWPMT).
077 AIR VIGILANCE (AV)... 13,486 10,986
Program decrease. [-2,500]
079 FAMILY OF PERSISTENT 14,414 14,414
SURVEILLANCE CAP..
080 COUNTERINTELLIGENCE/ 19,111 19,111
SECURITY
COUNTERMEASURES.
081 CI MODERNIZATION..... 421 421
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
082 SENTINEL MODS........ 47,642 47,642
083 NIGHT VISION DEVICES. 1,092,341 828,875
IVAS program [-213,466]
delay.
Transfer to [-50,000]
RDT&E, Army line
98.
084 SMALL TACTICAL 21,103 21,103
OPTICAL RIFLE
MOUNTED MLRF.
085 INDIRECT FIRE 6,153 6,153
PROTECTION FAMILY OF
SYSTEMS.
086 FAMILY OF WEAPON 184,145 184,145
SIGHTS (FWS).
087 ENHANCED PORTABLE 2,371 2,371
INDUCTIVE ARTILLERY
FUZE SE.
088 FORWARD LOOKING 11,929 11,929
INFRARED (IFLIR).
089 COUNTER SMALL 60,058 60,058
UNMANNED AERIAL
SYSTEM (C-SUAS).
[[Page H4732]]
090 JOINT BATTLE COMMAND-- 263,661 259,661
PLATFORM (JBC-P).
Excess carryover. [-4,000]
091 JOINT EFFECTS 62,082 62,082
TARGETING SYSTEM
(JETS).
093 COMPUTER BALLISTICS: 2,811 2,811
LHMBC XM32.
094 MORTAR FIRE CONTROL 17,236 17,236
SYSTEM.
095 MORTAR FIRE CONTROL 2,830 2,830
SYSTEMS
MODIFICATIONS.
096 COUNTERFIRE RADARS... 31,694 26,694
Excess to need... [-5,000]
ELECT EQUIP--TACTICAL
C2 SYSTEMS
097 ARMY COMMAND POST 49,410 49,410
INTEGRATED
INFRASTRUCTURE (.
098 FIRE SUPPORT C2 9,853 9,853
FAMILY.
099 AIR & MSL DEFENSE 67,193 67,193
PLANNING & CONTROL
SYS.
100 IAMD BATTLE COMMAND 301,872 291,872
SYSTEM.
Excess costs [-10,000]
previously funded.
101 LIFE CYCLE SOFTWARE 5,182 5,182
SUPPORT (LCSS).
102 NETWORK MANAGEMENT 31,349 31,349
INITIALIZATION AND
SERVICE.
104 GLOBAL COMBAT SUPPORT 11,271 11,271
SYSTEM-ARMY (GCSS-A).
105 INTEGRATED PERSONNEL 16,077 16,077
AND PAY SYSTEM-ARMY
(IPP.
107 MOD OF IN-SVC 3,160 9,160
EQUIPMENT (ENFIRE).
GPS laser survey [6,000]
equiment.
ELECT EQUIP--
AUTOMATION
108 ARMY TRAINING 9,833 9,833
MODERNIZATION.
109 AUTOMATED DATA 130,924 133,924
PROCESSING EQUIP.
ATRRS Unlimited [3,000]
Data Rights.
110 ACCESSIONS 44,635 39,635
INFORMATION
ENVIRONMENT (AIE).
Program decrease. [-5,000]
111 GENERAL FUND 1,452 1,452
ENTERPRISE BUSINESS
SYSTEMS FAM.
112 HIGH PERF COMPUTING 69,943 69,943
MOD PGM (HPCMP).
113 CONTRACT WRITING 16,957 16,957
SYSTEM.
114 CSS COMMUNICATIONS... 73,110 73,110
115 RESERVE COMPONENT 12,905 12,905
AUTOMATION SYS
(RCAS).
ELECT EQUIP--SUPPORT
117 BCT EMERGING 13,835 13,835
TECHNOLOGIES.
CLASSIFIED PROGRAMS
117A CLASSIFIED PROGRAMS.. 18,304 18,304
CHEMICAL DEFENSIVE
EQUIPMENT
119 BASE DEFENSE SYSTEMS 62,295 62,295
(BDS).
120 CBRN DEFENSE......... 55,632 55,632
BRIDGING EQUIPMENT
122 TACTICAL BRIDGING.... 9,625 9,625
123 TACTICAL BRIDGE, 76,082 76,082
FLOAT-RIBBON.
124 BRIDGE SUPPLEMENTAL 19,867 6,867
SET.
Excess carryover. [-13,000]
125 COMMON BRIDGE 109,796 99,339
TRANSPORTER (CBT)
RECAP.
Cost growth...... [-10,457]
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
126 HANDHELD STANDOFF 5,628 5,628
MINEFIELD DETECTION
SYS-HST.
128 HUSKY MOUNTED 26,823 26,823
DETECTION SYSTEM
(HMDS).
131 ROBOTICS AND APPLIQUE 124,233 124,233
SYSTEMS.
Common Robotic [10,000]
System--Individua
l (CRS-I) - Army
UPL.
Excess carryover [-10,000]
CRS-I.
132 RENDER SAFE SETS KITS 84,000 87,158
OUTFITS.
Army UPL......... [3,158]
COMBAT SERVICE
SUPPORT EQUIPMENT
134 HEATERS AND ECU'S.... 7,116 5,116
Contract delay... [-2,000]
135 SOLDIER ENHANCEMENT.. 1,286 7,786
Program increase. [6,500]
136 PERSONNEL RECOVERY 9,741 9,741
SUPPORT SYSTEM
(PRSS).
137 GROUND SOLDIER SYSTEM 150,244 150,244
138 MOBILE SOLDIER POWER. 17,815 17,815
139 FORCE PROVIDER....... 28,860 28,860
140 FIELD FEEDING 2,321 2,321
EQUIPMENT.
141 CARGO AERIAL DEL & 40,240 40,240
PERSONNEL PARACHUTE
SYSTEM.
142 FAMILY OF ENGR COMBAT 36,163 36,163
AND CONSTRUCTION
SETS.
PETROLEUM EQUIPMENT
144 QUALITY SURVEILLANCE 744 744
EQUIPMENT.
145 DISTRIBUTION SYSTEMS, 72,296 65,657
PETROLEUM & WATER.
Army UPL......... [4,420]
Excess to need... [-11,059]
MEDICAL EQUIPMENT
146 COMBAT SUPPORT 122,145 128,395
MEDICAL.
Mobile digital x- [6,250]
ray units.
MAINTENANCE EQUIPMENT
147 MOBILE MAINTENANCE 14,756 12,856
EQUIPMENT SYSTEMS.
Excess carryover. [-1,900]
CONSTRUCTION
EQUIPMENT
154 ALL TERRAIN CRANES... 112,784 107,784
Cost savings..... [-5,000]
156 CONST EQUIP ESP...... 8,694 8,694
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
158 ARMY WATERCRAFT ESP.. 44,409 44,409
[[Page H4733]]
159 MANEUVER SUPPORT 76,660 76,660
VESSEL (MSV).
GENERATORS
161 GENERATORS AND 47,606 47,606
ASSOCIATED EQUIP.
162 TACTICAL ELECTRIC 10,500 10,500
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
163 FAMILY OF FORKLIFTS.. 13,325 13,325
TRAINING EQUIPMENT
164 COMBAT TRAINING 79,565 79,565
CENTERS SUPPORT.
165 TRAINING DEVICES, 174,644 174,644
NONSYSTEM.
166 SYNTHETIC TRAINING 122,104 122,104
ENVIRONMENT (STE).
168 GAMING TECHNOLOGY IN 11,642 10,642
SUPPORT OF ARMY
TRAINING.
Excess carryover. [-1,000]
TEST MEASURE AND DIG
EQUIPMENT (TMD)
170 INTEGRATED FAMILY OF 42,934 42,934
TEST EQUIPMENT
(IFTE).
172 TEST EQUIPMENT 24,304 24,304
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
174 PHYSICAL SECURITY 86,930 86,930
SYSTEMS (OPA3).
175 BASE LEVEL COMMON 27,823 27,823
EQUIPMENT.
176 MODIFICATION OF IN- 32,392 32,392
SVC EQUIPMENT (OPA-
3).
177 BUILDING, PRE-FAB, 32,227 32,227
RELOCATABLE.
179 SPECIAL EQUIPMENT FOR 76,917 70,917
TEST AND EVALUATION.
Program decrease. [-6,000]
OPA2
180 INITIAL SPARES--C&E.. 9,272 9,272
TOTAL OTHER 8,873,558 8,926,160
PROCUREMENT,
ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 87,832 1,168,161
HORNET.
Aircraft increase [970,000]
Production line [-10,671]
shutdown.
Program increase. [121,000]
003 JOINT STRIKE FIGHTER 2,111,009 2,047,709
CV.
Target cost [-63,300]
savings.
004 JOINT STRIKE FIGHTER 246,781 246,781
CV AP.
005 JSF STOVL............ 2,256,829 2,317,929
F-35B PGSE & [128,800]
Depot Support--
USMC UPL.
Target cost [-67,700]
savings.
006 JSF STOVL AP......... 216,720 216,720
007 CH-53K (HEAVY LIFT).. 1,286,296 1,256,514
Excess to need-- [-14,782]
Pub/tech data.
Unjustified [-15,000]
growth--NRE
production
capacity.
008 CH-53K (HEAVY LIFT) 182,871 182,871
AP.
009 V-22 (MEDIUM LIFT)... 751,716 1,166,116
5 additional [414,400]
aircraft--Navy
UPL.
011 H-1 UPGRADES (UH-1Y/ 939 939
AH-1Z).
013 P-8A POSEIDON........ 44,595 724,595
Four additional [680,000]
aircraft.
014 E-2D ADV HAWKEYE..... 766,788 957,788
Navy UPL......... [191,000]
015 E-2D ADV HAWKEYE AP.. 118,095 118,095
TRAINER AIRCRAFT
016 ADVANCED HELICOPTER 163,490 163,490
TRAINING SYSTEM.
OTHER AIRCRAFT
017 KC-130J.............. 520,787 914,787
Two additional [197,000]
aircraft--USMC
UPL.
Two additional C- [197,000]
130J aircraft--
Navy UPL.
018 KC-130J AP........... 68,088 68,088
021 MQ-4 TRITON.......... 160,151 351,151
One additonal [191,000]
aircraft.
023 MQ-8 UAV............. 49,249 49,249
024 STUASL0 UAV.......... 13,151 13,151
025 MQ-25 AP............. 47,468 47,468
026 MQ-9A REAPER......... 40,000
Navy UPL......... [40,000]
027 MARINE GROUP 5 UAS... 233,686 233,686
MODIFICATION OF
AIRCRAFT
030 F-18 A-D UNIQUE...... 163,095 245,595
AESA Radar [27,500]
Upgrades--USMC
UPL.
RWR Upgrades-- [55,000]
USMC UPL.
031 F-18E/F AND EA-18G 482,899 482,899
MODERNIZATION AND
SUSTAINM.
032 MARINE GROUP 5 UAS 1,982 1,982
SERIES.
033 AEA SYSTEMS.......... 23,296 20,221
Excess support [-3,075]
costs.
034 AV-8 SERIES.......... 17,882 17,882
035 INFRARED SEARCH AND 138,827 138,827
TRACK (IRST).
036 ADVERSARY............ 143,571 143,571
037 F-18 SERIES.......... 327,571 327,571
038 H-53 SERIES.......... 112,436 109,136
Excess to need... [-3,300]
039 MH-60 SERIES......... 94,794 94,794
040 H-1 SERIES........... 124,194 118,857
[[Page H4734]]
Excess to need... [-5,337]
041 EP-3 SERIES.......... 28,848 28,848
042 E-2 SERIES........... 204,826 204,826
043 TRAINER A/C SERIES... 7,849 7,849
044 C-2A................. 2,843 2,843
045 C-130 SERIES......... 145,610 145,610
046 FEWSG................ 734 734
047 CARGO/TRANSPORT A/C 10,682 10,682
SERIES.
048 E-6 SERIES........... 128,029 128,029
049 EXECUTIVE HELICOPTERS 45,326 45,326
SERIES.
051 T-45 SERIES.......... 158,772 158,772
052 POWER PLANT CHANGES.. 24,915 24,915
053 JPATS SERIES......... 22,955 22,955
054 AVIATION LIFE SUPPORT 2,477 2,477
MODS.
055 COMMON ECM EQUIPMENT. 119,574 119,574
056 COMMON AVIONICS 118,839 118,839
CHANGES.
057 COMMON DEFENSIVE 5,476 5,476
WEAPON SYSTEM.
058 ID SYSTEMS........... 13,154 13,154
059 P-8 SERIES........... 131,298 131,298
060 MAGTF EW FOR AVIATION 29,151 29,151
061 MQ-8 SERIES.......... 31,624 31,624
062 V-22 (TILT/ROTOR 312,835 312,835
ACFT) OSPREY.
063 NEXT GENERATION 266,676 266,676
JAMMER (NGJ).
064 F-35 STOVL SERIES.... 177,054 168,154
TR-3/B4 Delay.... [-8,900]
065 F-35 CV SERIES....... 138,269 131,369
TR-3/B4 Delay.... [-6,900]
066 QRC.................. 98,563 98,563
067 MQ-4 SERIES.......... 7,100 7,100
068 RQ-21 SERIES......... 14,123 14,123
AIRCRAFT SPARES AND
REPAIR PARTS
072 SPARES AND REPAIR 2,339,077 2,456,877
PARTS.
F-35B spare [117,800]
engines--USMC UPL.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
073 COMMON GROUND 517,267 517,267
EQUIPMENT.
074 AIRCRAFT INDUSTRIAL 80,500 80,500
FACILITIES.
075 WAR CONSUMABLES...... 42,496 42,496
076 OTHER PRODUCTION 21,374 21,374
CHARGES.
077 SPECIAL SUPPORT 271,774 271,774
EQUIPMENT.
TOTAL AIRCRAFT 16,477,178 19,608,713
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,144,446 1,144,446
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,319 7,319
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 124,513 138,140
Program increase. [13,627]
TACTICAL MISSILES
005 SIDEWINDER........... 86,366 86,366
006 STANDARD MISSILE..... 521,814 521,814
007 STANDARD MISSILE AP.. 45,357 45,357
008 JASSM................ 37,039 37,039
009 SMALL DIAMETER BOMB 40,877 40,877
II.
010 RAM.................. 92,981 72,981
Contract award [-20,000]
delay.
011 JOINT AIR GROUND 49,702 49,702
MISSILE (JAGM).
012 HELLFIRE............. 7,557 7,557
013 AERIAL TARGETS....... 150,339 150,339
014 DRONES AND DECOYS.... 30,321 30,321
015 OTHER MISSILE SUPPORT 3,474 3,474
016 LRASM................ 161,212 161,212
017 NAVAL STRIKE MISSILE 59,331 52,377
(NSM).
Program decrease. [-6,954]
MODIFICATION OF
MISSILES
018 TOMAHAWK MODS........ 206,233 206,233
019 ESSM................. 248,619 161,519
ESSM block 2 [-87,100]
contract award
delays.
021 AARGM................ 116,345 116,345
022 STANDARD MISSILES 148,834 148,834
MODS.
SUPPORT EQUIPMENT &
FACILITIES
023 WEAPONS INDUSTRIAL 1,819 1,819
FACILITIES.
ORDNANCE SUPPORT
EQUIPMENT
026 ORDNANCE SUPPORT 191,905 191,905
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
027 SSTD................. 4,545 4,545
028 MK-48 TORPEDO........ 159,107 172,477
Contract award [-34,000]
delay.
Heavyweight [50,000]
Torpedo--Navy UPL.
Program decrease. [-2,630]
029 ASW TARGETS.......... 13,630 13,630
[[Page H4735]]
MOD OF TORPEDOES AND
RELATED EQUIP
030 MK-54 TORPEDO MODS... 106,112 94,168
Program decrease. [-11,944]
031 MK-48 TORPEDO ADCAP 35,680 35,680
MODS.
032 MARITIME MINES....... 8,567 8,567
SUPPORT EQUIPMENT
033 TORPEDO SUPPORT 93,400 93,400
EQUIPMENT.
034 ASW RANGE SUPPORT.... 3,997 3,997
DESTINATION
TRANSPORTATION
035 FIRST DESTINATION 4,023 4,023
TRANSPORTATION.
GUNS AND GUN MOUNTS
036 SMALL ARMS AND 14,909 14,909
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
037 CIWS MODS............ 6,274 6,274
038 COAST GUARD WEAPONS.. 45,958 45,958
039 GUN MOUNT MODS....... 68,775 68,775
040 LCS MODULE WEAPONS... 2,121 2,121
041 AIRBORNE MINE 14,822 14,822
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
043 SPARES AND REPAIR 162,382 166,682
PARTS.
Maritime [4,300]
Outfitting and
Spares.
TOTAL WEAPONS 4,220,705 4,126,004
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 48,635 48,635
002 JDAM................. 74,140 74,140
003 AIRBORNE ROCKETS, ALL 75,383 75,383
TYPES.
004 MACHINE GUN 11,215 11,215
AMMUNITION.
005 PRACTICE BOMBS....... 52,225 52,225
006 CARTRIDGES & CART 70,876 70,876
ACTUATED DEVICES.
007 AIR EXPENDABLE 61,600 61,600
COUNTERMEASURES.
008 JATOS................ 6,620 6,620
009 5 INCH/54 GUN 28,922 28,922
AMMUNITION.
010 INTERMEDIATE CALIBER 36,038 36,038
GUN AMMUNITION.
011 OTHER SHIP GUN 39,070 39,070
AMMUNITION.
012 SMALL ARMS & LANDING 45,493 45,493
PARTY AMMO.
013 PYROTECHNIC AND 9,163 9,163
DEMOLITION.
015 AMMUNITION LESS THAN 1,575 1,575
$5 MILLION.
MARINE CORPS
AMMUNITION
016 MORTARS.............. 50,707 50,707
017 DIRECT SUPPORT 120,037 120,037
MUNITIONS.
018 INFANTRY WEAPONS 94,001 94,001
AMMUNITION.
019 COMBAT SUPPORT 35,247 35,247
MUNITIONS.
020 AMMO MODERNIZATION... 16,267 16,267
021 ARTILLERY MUNITIONS.. 105,669 95,169
Contract Delay... [-10,500]
022 ITEMS LESS THAN $5 5,135 5,135
MILLION.
TOTAL 988,018 977,518
PROCUREMENT OF
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 3,003,000 2,923,012
SUBMARINE.
Columbia partial [75,000]
restoral.
Excessive cost [-154,988]
growth.
002 OHIO REPLACEMENT 1,643,980 1,843,584
SUBMARINE AP.
Submarine [300,000]
supplier
development.
Submarine [-100,396]
supplier
development
reduction.
OTHER WARSHIPS
003 CARRIER REPLACEMENT 1,068,705 1,062,205
PROGRAM.
Program decrease. [-6,500]
004 CVN-81............... 1,299,764 1,287,719
Program decrease. [-12,045]
005 VIRGINIA CLASS 4,249,240 4,816,240
SUBMARINE.
Industrial base [567,000]
expansion to 3 VA
class/year
starting in FY
2025.
006 VIRGINIA CLASS 2,120,407 2,120,407
SUBMARINE AP.
007 CVN REFUELING 2,456,018 2,232,018
OVERHAULS.
Full funding [-224,000]
rephase.
008 CVN REFUELING 66,262 66,262
OVERHAULS AP.
009 DDG 1000............. 56,597 56,597
010 DDG-51............... 2,016,787 4,928,424
Change order [-12,300]
excessive cost
growth.
Electronics [-35,500]
excessive cost
growth.
Two additional [3,059,900]
ships.
Plans cost [-47,000]
excessive cost
growth.
Program decrease. [-20,463]
Termination [-33,000]
liability not
reqiured.
011 DDG-51 AP............ 130,000
AP for a third [130,000]
ship in FY 2023.
013 FFG-FRIGATE.......... 1,087,900 1,087,900
014 FFG-FRIGATE AP....... 69,100 69,100
AMPHIBIOUS SHIPS
[[Page H4736]]
015 LPD FLIGHT II........ 60,636 60,636
019 LHA REPLACEMENT...... 68,637 1,268,637
One additional [1,200,000]
ship.
020 EXPEDITIONARY FAST 540,000
TRANSPORT (EPF).
Two additional [540,000]
ships.
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
021 TAO FLEET OILER...... 668,184 1,336,384
One additional [668,200]
ship.
022 TAO FLEET OILER AP... 76,012 76,012
023 TAGOS SURTASS SHIPS.. 434,384 434,384
024 TOWING, SALVAGE, AND 183,800 80,800
RESCUE SHIP (ATS).
One ship excess [-103,000]
to Program of
Record.
025 LCU 1700............. 67,928 67,928
026 OUTFITTING........... 655,707 581,931
Outfitting early [-32,800]
to need.
Program decrease. [-40,976]
027 SHIP TO SHORE 156,738 286,738
CONNECTOR.
Ship to Shore [130,000]
Connector.
028 SERVICE CRAFT........ 67,866 67,866
029 LCAC SLEP............ 32,712 32,712
030 AUXILIARY VESSELS 299,900 299,900
(USED SEALIFT).
031 COMPLETION OF PY 660,795 660,795
SHIPBUILDING
PROGRAMS.
TOTAL 22,571,059 28,418,191
SHIPBUILDING AND
CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER 41,414 41,414
EQUIPMENT.
GENERATORS
002 SURFACE COMBATANT 83,746 71,054
HM&E.
Program decrease. [-12,692]
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 72,300 72,300
EQUIPMENT.
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, 234,932 234,932
IMAGING AND SUPT
EQUIP PROG.
005 DDG MOD.............. 583,136 583,136
006 FIREFIGHTING 15,040 15,040
EQUIPMENT.
007 COMMAND AND CONTROL 2,194 2,194
SWITCHBOARD.
008 LHA/LHD MIDLIFE...... 133,627 120,854
Program decrease. [-12,773]
009 LCC 19/20 EXTENDED 4,387 4,387
SERVICE LIFE PROGRAM.
010 POLLUTION CONTROL 18,159 18,159
EQUIPMENT.
011 SUBMARINE SUPPORT 88,284 88,284
EQUIPMENT.
012 VIRGINIA CLASS 22,669 22,669
SUPPORT EQUIPMENT.
013 LCS CLASS SUPPORT 9,640 9,640
EQUIPMENT.
014 SUBMARINE BATTERIES.. 21,834 21,834
015 LPD CLASS SUPPORT 34,292 29,478
EQUIPMENT.
Program decrease. [-4,814]
016 DDG 1000 CLASS 126,107 106,107
SUPPORT EQUIPMENT.
Program decrease. [-20,000]
017 STRATEGIC PLATFORM 12,256 12,256
SUPPORT EQUIP.
018 DSSP EQUIPMENT....... 10,682 10,682
019 CG MODERNIZATION..... 156,951 156,951
020 LCAC................. 21,314 21,314
021 UNDERWATER EOD 24,146 24,146
EQUIPMENT.
022 ITEMS LESS THAN $5 84,789 84,789
MILLION.
023 CHEMICAL WARFARE 2,997 2,997
DETECTORS.
REACTOR PLANT
EQUIPMENT
025 SHIP MAINTENANCE, 1,307,651 1,475,051
REPAIR AND
MODERNIZATION.
A-120 [167,400]
Availabilities.
026 REACTOR POWER UNITS.. 3,270 3,270
027 REACTOR COMPONENTS... 438,729 438,729
OCEAN ENGINEERING
028 DIVING AND SALVAGE 10,772 10,772
EQUIPMENT.
SMALL BOATS
029 STANDARD BOATS....... 58,770 58,770
PRODUCTION FACILITIES
EQUIPMENT
030 OPERATING FORCES IPE. 168,822 150,822
Program decrease. [-18,000]
OTHER SHIP SUPPORT
031 LCS COMMON MISSION 74,231 74,231
MODULES EQUIPMENT.
032 LCS MCM MISSION 40,630 30,119
MODULES.
Program decrease. [-10,511]
033 LCS ASW MISSION 1,565 1,565
MODULES.
034 LCS SUW MISSION 3,395 3,395
MODULES.
035 LCS IN-SERVICE 122,591 122,591
MODERNIZATION.
036 SMALL & MEDIUM UUV... 32,534 32,534
SHIP SONARS
038 SPQ-9B RADAR......... 15,927 15,927
039 AN/SQQ-89 SURF ASW 131,829 126,871
COMBAT SYSTEM.
Program decrease. [-4,958]
040 SSN ACOUSTIC 379,850 341,898
EQUIPMENT.
Program decrease. [-18,952]
[[Page H4737]]
Virginia class [-19,000]
technical
insertion kits
previously funded.
041 UNDERSEA WARFARE 13,965 13,965
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
042 SUBMARINE ACOUSTIC 24,578 24,578
WARFARE SYSTEM.
043 SSTD................. 11,010 11,010
044 FIXED SURVEILLANCE 363,651 363,651
SYSTEM.
045 SURTASS.............. 67,500 67,500
ELECTRONIC WARFARE
EQUIPMENT
046 AN/SLQ-32............ 370,559 257,644
Block 3 Kit early [-56,500]
to need.
Program decrease. [-56,415]
RECONNAISSANCE
EQUIPMENT
047 SHIPBOARD IW EXPLOIT. 261,735 261,735
048 AUTOMATED 3,777 3,777
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
049 COOPERATIVE 24,641 46,924
ENGAGEMENT
CAPABILITY.
Maritime [13,300]
Outfitting and
Spares.
Navy Tactical [8,983]
Grid Development
for JADC2.
050 NAVAL TACTICAL 14,439 14,439
COMMAND SUPPORT
SYSTEM (NTCSS).
051 ATDLS................ 101,595 101,595
052 NAVY COMMAND AND 3,535 3,535
CONTROL SYSTEM
(NCCS).
053 MINESWEEPING SYSTEM 15,640 15,640
REPLACEMENT.
054 SHALLOW WATER MCM.... 5,610 0
COBRA Block I [-5,610]
mods excess to
need.
055 NAVSTAR GPS RECEIVERS 33,097 33,097
(SPACE).
056 AMERICAN FORCES RADIO 2,513 2,513
AND TV SERVICE.
057 STRATEGIC PLATFORM 4,823 4,823
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
058 ASHORE ATC EQUIPMENT. 83,464 83,464
059 AFLOAT ATC EQUIPMENT. 67,055 67,055
060 ID SYSTEMS........... 46,918 46,918
061 JOINT PRECISION 35,386 35,386
APPROACH AND LANDING
SYSTEM.
062 NAVAL MISSION 17,951 17,951
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
063 MARITIME INTEGRATED 2,360 2,360
BROADCAST SYSTEM.
064 TACTICAL/MOBILE C4I 18,919 18,919
SYSTEMS.
065 DCGS-N............... 16,691 16,691
066 CANES................ 412,002 441,002
Resilient PNT.... [29,000]
067 RADIAC............... 9,074 9,074
068 CANES-INTELL......... 51,593 51,593
069 GPETE................ 23,930 23,930
070 MASF................. 8,795 8,795
071 INTEG COMBAT SYSTEM 5,829 5,829
TEST FACILITY.
072 EMI CONTROL 3,925 3,925
INSTRUMENTATION.
073 ITEMS LESS THAN $5 156,042 156,042
MILLION.
SHIPBOARD
COMMUNICATIONS
074 SHIPBOARD TACTICAL 43,212 43,212
COMMUNICATIONS.
075 SHIP COMMUNICATIONS 90,724 128,707
AUTOMATION.
Navy Tactical [8,983]
Grid Development
for JADC2.
Resilient PNT.... [29,000]
076 COMMUNICATIONS ITEMS 44,447 44,447
UNDER $5M.
SUBMARINE
COMMUNICATIONS
077 SUBMARINE BROADCAST 47,579 47,579
SUPPORT.
078 SUBMARINE 64,642 64,642
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
079 SATELLITE 38,636 38,636
COMMUNICATIONS
SYSTEMS.
080 NAVY MULTIBAND 34,723 34,723
TERMINAL (NMT).
SHORE COMMUNICATIONS
081 JOINT COMMUNICATIONS 2,651 2,651
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
082 INFO SYSTEMS SECURITY 146,879 146,879
PROGRAM (ISSP).
083 MIO INTEL 977 977
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
084 CRYPTOLOGIC 17,809 17,809
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
092 COAST GUARD EQUIPMENT 63,214 63,214
SONOBUOYS
094 SONOBUOYS--ALL TYPES. 249,121 303,521
Navy UPL......... [54,400]
AIRCRAFT SUPPORT
EQUIPMENT
095 MINOTAUR............. 4,963 4,963
096 WEAPONS RANGE SUPPORT 98,898 98,898
EQUIPMENT.
097 AIRCRAFT SUPPORT 178,647 178,647
EQUIPMENT.
098 ADVANCED ARRESTING 22,265 22,265
GEAR (AAG).
099 METEOROLOGICAL 13,687 13,687
EQUIPMENT.
100 LEGACY AIRBORNE MCM.. 4,446 4,446
101 LAMPS EQUIPMENT...... 1,470 1,470
102 AVIATION SUPPORT 70,665 70,665
EQUIPMENT.
103 UMCS-UNMAN CARRIER 86,584 86,584
AVIATION(UCA)MISSION
CNTRL.
SHIP GUN SYSTEM
EQUIPMENT
104 SHIP GUN SYSTEMS 5,536 5,536
EQUIPMENT.
[[Page H4738]]
SHIP MISSILE SYSTEMS
EQUIPMENT
105 HARPOON SUPPORT 204 204
EQUIPMENT.
106 SHIP MISSILE SUPPORT 237,987 237,987
EQUIPMENT.
107 TOMAHAWK SUPPORT 88,726 88,726
EQUIPMENT.
FBM SUPPORT EQUIPMENT
108 STRATEGIC MISSILE 281,259 281,259
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
109 SSN COMBAT CONTROL 143,289 143,289
SYSTEMS.
110 ASW SUPPORT EQUIPMENT 30,595 30,595
OTHER ORDNANCE
SUPPORT EQUIPMENT
111 EXPLOSIVE ORDNANCE 1,721 1,721
DISPOSAL EQUIP.
112 ITEMS LESS THAN $5 8,746 8,746
MILLION.
OTHER EXPENDABLE
ORDNANCE
113 ANTI-SHIP MISSILE 76,994 76,994
DECOY SYSTEM.
114 SUBMARINE TRAINING 75,813 75,813
DEVICE MODS.
115 SURFACE TRAINING 127,814 127,814
EQUIPMENT.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
116 PASSENGER CARRYING 4,140 4,140
VEHICLES.
117 GENERAL PURPOSE 2,805 2,805
TRUCKS.
118 CONSTRUCTION & 48,403 51,003
MAINTENANCE EQUIP.
Excess carryover. [-2,000]
GPS laser survey [4,600]
equiment.
119 FIRE FIGHTING 15,084 15,084
EQUIPMENT.
120 TACTICAL VEHICLES.... 27,400 27,400
121 POLLUTION CONTROL 2,607 2,607
EQUIPMENT.
122 ITEMS LESS THAN $5 51,963 51,963
MILLION.
123 PHYSICAL SECURITY 1,165 1,165
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
124 SUPPLY EQUIPMENT..... 24,698 24,698
125 FIRST DESTINATION 5,385 5,385
TRANSPORTATION.
126 SPECIAL PURPOSE 660,750 660,750
SUPPLY SYSTEMS.
TRAINING DEVICES
127 TRAINING SUPPORT 3,465 3,465
EQUIPMENT.
128 TRAINING AND 60,114 60,114
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
129 COMMAND SUPPORT 31,007 31,007
EQUIPMENT.
130 MEDICAL SUPPORT 7,346 7,346
EQUIPMENT.
132 NAVAL MIP SUPPORT 2,887 2,887
EQUIPMENT.
133 OPERATING FORCES 12,815 12,815
SUPPORT EQUIPMENT.
134 C4ISR EQUIPMENT...... 6,324 6,324
135 ENVIRONMENTAL SUPPORT 25,098 25,098
EQUIPMENT.
136 PHYSICAL SECURITY 110,647 100,647
EQUIPMENT.
Program decrease. [-10,000]
137 ENTERPRISE 31,709 31,709
INFORMATION
TECHNOLOGY.
OTHER
141 NEXT GENERATION 41 41
ENTERPRISE SERVICE.
142 CYBERSPACE ACTIVITIES 12,859 12,859
CLASSIFIED PROGRAMS
142A CLASSIFIED PROGRAMS.. 19,808 19,808
SPARES AND REPAIR
PARTS
143 SPARES AND REPAIR 424,405 517,105
PARTS.
Maritime [92,700]
Outfitting and
Spares.
TOTAL OTHER 10,875,912 11,032,053
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 36,836 36,836
002 AMPHIBIOUS COMBAT 532,355 532,355
VEHICLE FAMILY OF
VEHICLES.
Excess growth.... [-7,000]
Program increase. [7,000]
003 LAV PIP.............. 23,476 23,476
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 32 32
TOWED HOWITZER.
005 ARTILLERY WEAPONS 67,548 221,348
SYSTEM.
Program increase-- [57,800]
NSM USMC UPL.
Program increase-- [96,000]
TACTOM USMC UPL.
006 WEAPONS AND COMBAT 35,402 35,402
VEHICLES UNDER $5
MILLION.
GUIDED MISSILES
008 GROUND BASED AIR 9,349 9,349
DEFENSE.
009 ANTI-ARMOR MISSILE- 937 937
JAVELIN.
010 FAMILY ANTI-ARMOR 20,481 20,481
WEAPON SYSTEMS
(FOAAWS).
011 ANTI-ARMOR MISSILE- 14,359 12,359
TOW.
Unit cost growth. [-2,000]
012 GUIDED MLRS ROCKET 98,299 98,299
(GMLRS).
COMMAND AND CONTROL
SYSTEMS
013 COMMON AVIATION 18,247 18,247
COMMAND AND CONTROL
SYSTEM.
REPAIR AND TEST
EQUIPMENT
014 REPAIR AND TEST 33,554 33,554
EQUIPMENT.
OTHER SUPPORT (TEL)
015 MODIFICATION KITS.... 167 167
COMMAND AND CONTROL
SYSTEM (NON-TEL)
016 ITEMS UNDER $5 64,879 90,779
MILLION (COMM &
ELEC).
[[Page H4739]]
Fly-Away [9,000]
Broadcast System
(FABS)--USMC UPL.
Improved Night/ [16,900]
Day Observation
Device (INOD)
Block III--USMC
UPL.
017 AIR OPERATIONS C2 1,291 1,291
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
019 GROUND/AIR TASK 297,369 645,369
ORIENTED RADAR (G/
ATOR).
AN/TPS-80 [44,000]
Retrofit Kits--
USMC UPL.
AN/TPS-80 Procure [304,000]
(+8)--USMC UPL.
INTELL/COMM EQUIPMENT
(NON-TEL)
020 GCSS-MC.............. 604 604
021 FIRE SUPPORT SYSTEM.. 39,810 39,810
022 INTELLIGENCE SUPPORT 67,309 72,909
EQUIPMENT.
SCINet--USMC UPL. [5,600]
024 UNMANNED AIR SYSTEMS 24,299 24,299
(INTEL).
025 DCGS-MC.............. 28,633 28,633
026 UAS PAYLOADS......... 3,730 3,730
OTHER SUPPORT (NON-
TEL)
029 NEXT GENERATION 97,060 97,060
ENTERPRISE NETWORK
(NGEN).
030 COMMON COMPUTER 83,606 116,506
RESOURCES.
(SONIC)--Enterpri [7,500]
se Infrastructure
Modernization
(EIM).
Marine Corps [6,300]
Hardware Suite
(MCHS) End User
Devices (EUD)
Refresh.
NGEN [19,100]
Infrastructure
Refresh.
031 COMMAND POST SYSTEMS. 53,708 39,708
NOTM refresh [-14,000]
early to need.
032 RADIO SYSTEMS........ 468,678 444,678
TCM ground radios [-10,000]
sparing
previously funded.
Unjustified [-14,000]
request.
033 COMM SWITCHING & 49,600 41,600
CONTROL SYSTEMS.
Excess growth.... [-8,000]
034 COMM & ELEC 110,835 116,635
INFRASTRUCTURE
SUPPORT.
Excess growth.... [-10,000]
NETWORK Base [15,800]
Telecommunication
s Infrastructure
(BTI)--USMC UPL.
035 CYBERSPACE ACTIVITIES 25,377 46,577
Defensive Cyber [21,200]
Operations (DCO)--
Internal
Defensive
Measures (IDM)
Kits.
CLASSIFIED PROGRAMS
037A CLASSIFIED PROGRAMS.. 4,034 4,034
ADMINISTRATIVE
VEHICLES
038 COMMERCIAL CARGO 17,848 17,848
VEHICLES.
TACTICAL VEHICLES
039 MOTOR TRANSPORT 23,363 19,363
MODIFICATIONS.
Excess growth.... [-4,000]
040 JOINT LIGHT TACTICAL 322,013 322,013
VEHICLE.
042 TRAILERS............. 9,876 9,876
ENGINEER AND OTHER
EQUIPMENT
044 TACTICAL FUEL SYSTEMS 2,161 2,161
045 POWER EQUIPMENT 26,625 26,625
ASSORTED.
046 AMPHIBIOUS SUPPORT 17,119 10,119
EQUIPMENT.
Excess carryover. [-7,000]
047 EOD SYSTEMS.......... 94,472 107,672
Buried Command [7,800]
Wire Detector
(BCWD)--USMC UPL.
Instrument Set, [5,400]
Recon and Survey
(ENFIRE)--USMC
UPL.
MATERIALS HANDLING
EQUIPMENT
048 PHYSICAL SECURITY 84,513 84,513
EQUIPMENT.
GENERAL PROPERTY
049 FIELD MEDICAL 8,105 8,105
EQUIPMENT.
050 TRAINING DEVICES..... 37,814 37,814
051 FAMILY OF 34,658 50,458
CONSTRUCTION
EQUIPMENT.
All-Terrain Crane [10,800]
(ATC)--USMC UPL.
Rough Terrain [5,000]
Container Handler
(RTCH)--USMC UPL.
052 ULTRA-LIGHT TACTICAL 15,439 15,439
VEHICLE (ULTV).
OTHER SUPPORT
053 ITEMS LESS THAN $5 4,402 15,002
MILLION.
Lightweight Water [10,600]
Purification
System--USMC UPL.
SPARES AND REPAIR
PARTS
054 SPARES AND REPAIR 32,819 32,819
PARTS.
TOTAL 3,043,091 3,616,891
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
STRATEGIC OFFENSIVE
001 B-21 RAIDER AP....... 108,027 108,027
TACTICAL FORCES
002 F-35................. 4,167,604 3,973,504
F135 PM [175,000]
Procurement--Air
Force UPL.
Sustainment [-429,100]
Enterprise
Support.
USG depot [60,000]
accleration.
003 F-35 AP.............. 352,632 352,632
005 F-15EX............... 1,186,903 2,562,903
12 additional [1,376,000]
aircraft.
006 F-15EX AP............ 147,919 147,919
TACTICAL AIRLIFT
007 KC-46A MDAP.......... 2,380,315 2,275,315
Excess growth.... [-105,000]
OTHER AIRLIFT
[[Page H4740]]
008 C-130J............... 128,896 128,896
009 MC-130J.............. 220,049 220,049
UPT TRAINERS
011 ADVANCED TRAINER 10,397 10,397
REPLACEMENT T-X.
HELICOPTERS
013 COMBAT RESCUE 792,221 792,221
HELICOPTER.
MISSION SUPPORT
AIRCRAFT
016 CIVIL AIR PATROL A/C. 2,813 11,413
Recapitalization [8,600]
rate increase.
OTHER AIRCRAFT
017 TARGET DRONES........ 116,169 116,169
018 COMPASS CALL......... 75,000
Add 5 spare [75,000]
engines--Air
Force UPL.
019 E-11 BACN/HAG........ 124,435 124,435
021 MQ-9................. 3,288 118,288
Add 6 aircraft... [115,000]
STRATEGIC AIRCRAFT
023 B-2A................. 29,944 29,944
024 B-1B................. 30,518 30,518
025 B-52................. 74,957 74,957
026 COMBAT RESCUE 61,191 45,891
HELICOPTER.
Early to need-- [-15,300]
contract delay.
027 LARGE AIRCRAFT 57,001 57,001
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
028 A-10................. 83,621 183,621
Modernization and [100,000]
Upgrades.
029 E-11 BACN/HAG........ 68,955 68,955
030 F-15................. 234,340 234,340
031 F-16................. 613,166 733,166
ANG AESA Radars.. [100,000]
HUD upgrade...... [20,000]
032 F-22A................ 424,722 384,722
Program decrease. [-40,000]
033 F-35 MODIFICATIONS... 304,135 308,935
RMIP increase.... [20,000]
TR-3/B4 delay.... [-15,200]
034 F-15 EPAW............ 149,797 149,797
036 KC-46A MDAP.......... 1,984 1,984
AIRLIFT AIRCRAFT
037 C-5.................. 25,431 25,431
038 C-17A................ 59,570 59,570
040 C-32A................ 1,949 1,949
041 C-37A................ 5,984 5,984
TRAINER AIRCRAFT
042 GLIDER MODS.......... 142 142
043 T-6.................. 8,735 8,735
044 T-1.................. 3,872 3,872
045 T-38................. 49,851 49,851
OTHER AIRCRAFT
046 U-2 MODS............. 126,809 126,809
047 KC-10A (ATCA)........ 1,902 1,902
049 VC-25A MOD........... 96 96
050 C-40................. 262 262
051 C-130................ 29,071 169,771
Modular Airborne [15,000]
Fire Fighting
Systems.
NP-2000 [75,700]
modifications.
T-56 engine [50,000]
modifications.
052 C-130J MODS.......... 110,784 116,584
Virtual reality [5,800]
maintenance
training.
053 C-135................ 61,376 61,376
054 COMPASS CALL......... 195,098 195,098
056 RC-135............... 207,596 207,596
057 E-3.................. 109,855 109,855
058 E-4.................. 19,081 19,081
059 E-8.................. 16,312 43,312
Program increase-- [27,000]
CDL.
060 AIRBORNE WARNING AND 30,327 26,627
CNTRL SYS (AWACS) 40/
45.
Block 40/45 [-3,700]
carryover.
062 H-1.................. 1,533 1,533
063 H-60................. 13,709 32,139
OLR mod early to [-1,570]
need.
Restore degraded [20,000]
visual
environment.
064 RQ-4 MODS............ 3,205 3,205
065 HC/MC-130 150,263 150,263
MODIFICATIONS.
066 OTHER AIRCRAFT....... 54,828 54,828
067 MQ-9 MODS............ 144,287 129,787
Early to need--MQ- [-11,500]
9 Upgrade.
Unjustified [-3,000]
increase--MQ-9
Upgrade other
government
support.
068 MQ-9 UAS PAYLOADS.... 40,800 40,800
069 SENIOR LEADER C3, 23,554 23,554
SYSTEM--AIRCRAFT.
070 CV-22 MODS........... 158,162 240,562
Nacelle [5,000]
improvement
program.
[[Page H4741]]
SOCOM--CV-22 [77,400]
Reliability
Acceleration.
AIRCRAFT SPARES AND
REPAIR PARTS
071 INITIAL SPARES/REPAIR 923,573 923,573
PARTS.
COMMON SUPPORT
EQUIPMENT
072 AIRCRAFT REPLACEMENT 138,761 138,761
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
073 B-2A................. 1,651 1,651
074 B-2B................. 38,811 38,811
075 B-52................. 5,602 5,602
078 F-15................. 2,324 2,324
079 F-16................. 10,456 10,456
081 RQ-4 POST PRODUCTION 24,592 24,592
CHARGES.
INDUSTRIAL
PREPAREDNESS
082 INDUSTRIAL 18,110 18,110
RESPONSIVENESS.
WAR CONSUMABLES
083 WAR CONSUMABLES...... 35,866 35,866
OTHER PRODUCTION
CHARGES
084 OTHER PRODUCTION 979,388 1,019,388
CHARGES.
Classified [40,000]
modifications--pr
ogram increase.
CLASSIFIED PROGRAMS
086A CLASSIFIED PROGRAMS.. 18,092 18,092
TOTAL AIRCRAFT 15,727,669 17,468,799
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 57,793 57,793
EQ-BALLISTIC.
BALLISTIC MISSILES
002 GROUND BASED 10,895 10,895
STRATEGIC DETERRENT.
Review of
Engineering and
Manufacturing
Development
Contract
TACTICAL
003 REPLAC EQUIP & WAR 7,681 7,681
CONSUMABLES.
004 AGM-183A AIR-LAUNCHED 160,850 110,850
RAPID RESPONSE
WEAPON.
Procurement early [-50,000]
to need.
006 JOINT AIR-SURFACE 710,550 660,550
STANDOFF MISSILE.
Program decrease. [-50,000]
008 SIDEWINDER (AIM-9X).. 107,587 107,587
009 AMRAAM............... 214,002 214,002
010 PREDATOR HELLFIRE 103,684 103,684
MISSILE.
011 SMALL DIAMETER BOMB.. 82,819 82,819
012 SMALL DIAMETER BOMB 294,649 294,649
II.
INDUSTRIAL FACILITIES
013 INDUSTR'L PREPAREDNS/ 757 757
POL PREVENTION.
CLASS IV
015 ICBM FUZE MOD........ 53,013 53,013
016 ICBM FUZE MOD AP..... 47,757 47,757
017 MM III MODIFICATIONS. 88,579 88,579
019 AIR LAUNCH CRUISE 46,799 46,799
MISSILE (ALCM).
MISSILE SPARES AND
REPAIR PARTS
020 MSL SPRS/REPAIR PARTS 14,212 14,212
(INITIAL).
021 MSL SPRS/REPAIR PARTS 63,547 63,547
(REPLEN).
022 INITIAL SPARES/REPAIR 4,045 4,045
PARTS.
SPECIAL PROGRAMS
027 SPECIAL UPDATE 30,352 30,352
PROGRAMS.
CLASSIFIED PROGRAMS
027A CLASSIFIED PROGRAMS.. 570,240 570,240
TOTAL MISSILE 2,669,811 2,569,811
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 36,597 36,597
CARTRIDGES
002 CARTRIDGES........... 169,163 164,163
Excess to need... [-5,000]
BOMBS
003 PRACTICE BOMBS....... 48,745 48,745
004 GENERAL PURPOSE BOMBS 176,565 176,565
005 MASSIVE ORDNANCE 15,500 15,500
PENETRATOR (MOP).
006 JOINT DIRECT ATTACK 124,102 124,102
MUNITION.
007 B-61................. 2,709 2,709
OTHER ITEMS
008 CAD/PAD.............. 47,210 47,210
009 EXPLOSIVE ORDNANCE 6,151 6,151
DISPOSAL (EOD).
010 SPARES AND REPAIR 535 535
PARTS.
011 MODIFICATIONS........ 292 292
012 ITEMS LESS THAN 9,164 9,164
$5,000,000.
FLARES
013 FLARES............... 95,297 95,297
FUZES
014 FUZES................ 50,795 50,795
SMALL ARMS
015 SMALL ARMS........... 12,343 12,343
TOTAL 795,168 790,168
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
[[Page H4742]]
PROCUREMENT, SPACE
FORCE
SPACE PROCUREMENT, SF
002 AF SATELLITE COMM 43,655 43,655
SYSTEM.
003 COUNTERSPACE SYSTEMS. 64,804 64,804
004 FAMILY OF BEYOND LINE- 39,444 39,444
OF-SIGHT TERMINALS.
005 GENERAL INFORMATION 3,316 9,816
TECH--SPACE.
Increase [4,700]
satellite control
capacity UPL.
Modernize Space [1,800]
Aggressor
Equipment.
006 GPSIII FOLLOW ON..... 601,418 601,418
007 GPS III SPACE SEGMENT 84,452 84,452
008 GLOBAL POSTIONING 2,274 2,274
(SPACE).
009 HERITAGE TRANSITION.. 13,529 13,529
010 SPACEBORNE EQUIP 26,245 26,245
(COMSEC).
011 MILSATCOM............ 24,333 24,333
012 SBIR HIGH (SPACE).... 154,526 154,526
013 SPECIAL SPACE 142,188 142,188
ACTIVITIES.
014 MOBILE USER OBJECTIVE 45,371 45,371
SYSTEM.
015 NATIONAL SECURITY 1,337,347 1,337,347
SPACE LAUNCH.
016 NUDET DETECTION 6,690 6,690
SYSTEM.
017 PTES HUB............. 7,406 7,406
018 ROCKET SYSTEMS LAUNCH 10,429 10,429
PROGRAM.
020 SPACE MODS........... 64,371 64,371
021 SPACELIFT RANGE 93,774 93,774
SYSTEM SPACE.
SPARES
022 SPARES AND REPAIR 1,282 1,282
PARTS.
TOTAL 2,766,854 2,773,354
PROCUREMENT,
SPACE FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 8,448 8,448
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 5,804 5,804
VEHICLE.
003 CAP VEHICLES......... 1,066 1,800
Program increase. [734]
004 CARGO AND UTILITY 57,459 49,959
VEHICLES.
Prior-year [-7,500]
underexecution.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 97,326 92,326
VEHICLE.
Excess carryover. [-5,000]
006 SECURITY AND TACTICAL 488 488
VEHICLES.
007 SPECIAL PURPOSE 75,694 75,694
VEHICLES.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 12,525 12,525
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 34,933 34,933
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 9,134 9,134
CLEANING EQU.
011 BASE MAINTENANCE 111,820 87,013
SUPPORT VEHICLES.
Insufficient [-4,807]
justification.
Program decrease. [-20,000]
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT..... 66,022 66,022
014 STRATEGIC 885,051 885,051
MICROELECTRONIC
SUPPLY SYSTEM.
INTELLIGENCE PROGRAMS
015 INTERNATIONAL INTEL 5,809 5,809
TECH & ARCHITECTURES.
016 INTELLIGENCE TRAINING 5,719 5,719
EQUIPMENT.
017 INTELLIGENCE COMM 25,844 25,844
EQUIPMENT.
ELECTRONICS PROGRAMS
018 AIR TRAFFIC CONTROL & 44,516 44,516
LANDING SYS.
019 BATTLE CONTROL 2,940 2,940
SYSTEM--FIXED.
020 THEATER AIR CONTROL 43,442 43,442
SYS IMPROVEMEN.
021 3D EXPEDITIONARY LONG- 96,186 307,686
RANGE RADAR.
ANG/Cyber [164,000]
Requirements--AF
UPL.
Build Command and [55,000]
Control Framework.
Program decrease. [-7,500]
022 WEATHER OBSERVATION 32,376 32,376
FORECAST.
023 STRATEGIC COMMAND AND 37,950 37,950
CONTROL.
024 CHEYENNE MOUNTAIN 8,258 8,258
COMPLEX.
025 MISSION PLANNING 14,717 14,717
SYSTEMS.
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 43,917 116,247
TECHNOLOGY.
EUCOM--MPE MOB/ [13,800]
FOB.
INDOPACOM Mission [30,530]
Partner
Environment.
MISO............. [28,000]
028 AF GLOBAL COMMAND & 414 414
CONTROL SYS.
030 MOBILITY COMMAND AND 10,619 10,619
CONTROL.
031 AIR FORCE PHYSICAL 101,896 91,896
SECURITY SYSTEM.
Program decrease. [-10,000]
032 COMBAT TRAINING 222,598 222,598
RANGES.
033 COMBAT TRAINING 14,730 14,730
RANGES AP.
034 MINIMUM ESSENTIAL 77,119 77,119
EMERGENCY COMM N.
[[Page H4743]]
035 WIDE AREA 38,794 38,794
SURVEILLANCE (WAS).
036 C3 COUNTERMEASURES... 131,238 131,238
037 INTEGRATED PERSONNEL 15,240 15,240
AND PAY SYSTEM.
038 GCSS-AF FOS.......... 3,959 3,959
040 MAINTENANCE REPAIR & 4,387 4,387
OVERHAUL INITIATIVE.
041 THEATER BATTLE MGT C2 4,052 4,052
SYSTEM.
042 AIR & SPACE 2,224 2,224
OPERATIONS CENTER
(AOC).
AIR FORCE
COMMUNICATIONS
043 BASE INFORMATION 58,499 58,499
TRANSPT INFRAST
(BITI) WIRED.
044 AFNET................ 65,354 65,354
045 JOINT COMMUNICATIONS 4,377 4,377
SUPPORT ELEMENT
(JCSE).
046 USCENTCOM............ 18,101 18,101
047 USSTRATCOM........... 4,226 4,226
ORGANIZATION AND BASE
048 TACTICAL C-E 162,955 156,955
EQUIPMENT.
Program decrease. [-6,000]
049 RADIO EQUIPMENT...... 14,232 12,232
Program decrease. [-2,000]
051 BASE COMM 200,797 310,797
INFRASTRUCTURE.
EUCOM--Modernize [55,000]
IT infrastructure.
Improve Space [7,000]
Digital
Integrated
Network and
Network Switches.
Modernize [55,000]
Essential
Warfighter IT
infrastructure.
MQ-9 UAV--Excess [-7,000]
carryover.
MODIFICATIONS
052 COMM ELECT MODS...... 18,607 18,607
PERSONAL SAFETY &
RESCUE EQUIP
053 PERSONAL SAFETY AND 106,449 106,449
RESCUE EQUIPMENT.
DEPOT PLANT+MTRLS
HANDLING EQ
054 POWER CONDITIONING 11,274 11,274
EQUIPMENT.
055 MECHANIZED MATERIAL 8,594 8,594
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
056 BASE PROCURED 1 1
EQUIPMENT.
057 ENGINEERING AND EOD 32,139 32,139
EQUIPMENT.
058 MOBILITY EQUIPMENT... 63,814 63,814
059 FUELS SUPPORT 17,928 17,928
EQUIPMENT (FSE).
060 BASE MAINTENANCE AND 48,534 48,534
SUPPORT EQUIPMENT.
SPECIAL SUPPORT
PROJECTS
062 DARP RC135........... 27,359 27,359
063 DCGS-AF.............. 261,070 261,070
065 SPECIAL UPDATE 777,652 777,652
PROGRAM.
CLASSIFIED PROGRAMS
065A CLASSIFIED PROGRAMS.. 20,983,908 21,183,908
Program Increase. [200,000]
SPARES AND REPAIR
PARTS
066 SPARES AND REPAIR 978 978
PARTS (CYBER).
067 SPARES AND REPAIR 9,575 9,575
PARTS.
TOTAL OTHER 25,251,137 25,790,394
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, SDA
024 MAJOR EQUIPMENT, DPAA 494 494
047 MAJOR EQUIPMENT, OSD. 31,420 31,420
048 JOINT CAPABILITY TECH 74,060 74,060
DEMONSTRATION (JCTD).
MAJOR EQUIPMENT, NSA
046 INFORMATION SYSTEMS 315 315
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, DISA
010 INFORMATION SYSTEMS 18,923 18,923
SECURITY.
011 TELEPORT PROGRAM..... 34,908 34,908
012 JOINT FORCES 1,968 1,968
HEADQUARTERS--DODIN.
013 ITEMS LESS THAN $5 42,270 42,270
MILLION.
014 DEFENSE INFORMATION 18,025 18,025
SYSTEM NETWORK.
015 WHITE HOUSE 44,522 44,522
COMMUNICATION AGENCY.
016 SENIOR LEADERSHIP 54,592 54,592
ENTERPRISE.
017 JOINT REGIONAL 62,657 62,657
SECURITY STACKS
(JRSS).
018 JOINT SERVICE 102,039 102,039
PROVIDER.
019 FOURTH ESTATE NETWORK 80,645 70,645
OPTIMIZATION (4ENO).
Program execution [-10,000]
MAJOR EQUIPMENT, DLA
021 MAJOR EQUIPMENT...... 530,896 510,896
Excess growth.... [-20,000]
MAJOR EQUIPMENT, DCSA
002 MAJOR EQUIPMENT...... 3,014 3,014
MAJOR EQUIPMENT, TJS
049 MAJOR EQUIPMENT, TJS. 7,830 7,830
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
029 THAAD................ 251,543 361,122
12 additional [109,579]
systems.
031 AEGIS BMD............ 334,621 334,621
032 AEGIS BMD AP......... 17,493 17,493
033 BMDS AN/TPY-2 RADARS. 2,738 2,738
034 SM-3 IIAS............ 295,322 336,822
Procure 2 [41,500]
additional all-up
rounds.
[[Page H4744]]
035 ARROW 3 UPPER TIER 62,000 62,000
SYSTEMS.
036 SHORT RANGE BALLISTIC 30,000 30,000
MISSILE DEFENSE
(SRBMD).
037 DEFENSE OF GUAM 40,000 40,000
PROCUREMENT.
038 AEGIS ASHORE PHASE 25,866 25,866
III.
039 IRON DOME............ 108,000 108,000
040 AEGIS BMD HARDWARE 81,791 81,791
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
004 PERSONNEL 4,042 4,042
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
026 VEHICLES............. 118 118
027 OTHER MAJOR EQUIPMENT 12,681 12,681
MAJOR EQUIPMENT,
DODEA
023 AUTOMATION/ 2,963 2,963
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT,
DMACT
022 MAJOR EQUIPMENT...... 8,498 8,498
CLASSIFIED PROGRAMS
051A CLASSIFIED PROGRAMS.. 635,338 635,338
AGILE PROCUREMENT
TRANSITION PILOT
081 AGILE PROCUREMENT 100,000
TRANSITION PILOT.
Program increase. [100,000]
AVIATION PROGRAMS
052 ARMED OVERWATCH/ 170,000 170,000
TARGETING.
053 MANNED ISR........... 2,500 2,500
054 MC-12................ 2,250 2,250
055 MH-60 BLACKHAWK...... 29,900 29,900
056 ROTARY WING UPGRADES 202,278 202,278
AND SUSTAINMENT.
057 UNMANNED ISR......... 55,951 55,951
058 NON-STANDARD AVIATION 3,282 3,282
059 U-28................. 4,176 4,176
060 MH-47 CHINOOK........ 130,485 130,485
061 CV-22 MODIFICATION... 41,762 47,572
SOCOM--CV-22 [5,810]
Reliability
Acceleration.
062 MQ-9 UNMANNED AERIAL 8,020 8,020
VEHICLE.
063 PRECISION STRIKE 165,224 165,224
PACKAGE.
064 AC/MC-130J........... 205,216 205,216
065 C-130 MODIFICATIONS.. 13,373 13,373
SHIPBUILDING
066 UNDERWATER SYSTEMS... 17,227 23,327
SOCOM--Modernized [900]
Forward Look
Sonar.
SOCOM Combat [5,200]
Diving Advanced
Equipment
Acceleration.
AMMUNITION PROGRAMS
067 ORDNANCE ITEMS <$5M.. 168,072 168,072
OTHER PROCUREMENT
PROGRAMS
068 INTELLIGENCE SYSTEMS. 131,889 123,889
Program decrease. [-8,000]
069 DISTRIBUTED COMMON 5,991 5,991
GROUND/SURFACE
SYSTEMS.
070 OTHER ITEMS <$5M..... 62,722 62,722
071 COMBATANT CRAFT 17,080 17,080
SYSTEMS.
072 SPECIAL PROGRAMS..... 44,351 75,531
SOCOM--Medium [31,180]
Fixed Wing
Mobility
Modifications.
073 TACTICAL VEHICLES.... 26,806 26,806
074 WARRIOR SYSTEMS <$5M. 284,548 304,548
Radio Integration [20,000]
System Program
Upgrade.
075 COMBAT MISSION 27,513 27,513
REQUIREMENTS.
077 OPERATIONAL 20,252 20,252
ENHANCEMENTS
INTELLIGENCE.
078 OPERATIONAL 328,569 389,872
ENHANCEMENTS.
SOCOM--Armored [33,303]
Ground Mobility
Systems (AGMS)
Acceleration.
SOCOM--Fused [28,000]
Panoramic Night
Vision Goggles
Acceleration.
CBDP
079 CHEMICAL BIOLOGICAL 167,918 167,918
SITUATIONAL
AWARENESS.
080 CB PROTECTION & 189,265 189,265
HAZARD MITIGATION.
TOTAL 5,548,212 5,885,684
PROCUREMENT,
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
007 UNDISTRIBUTED........ 950,000
Program increase.. [950,000]
TOTAL NATIONAL 950,000
GUARD AND
RESERVE
EQUIPMENT.
TOTAL 132,205,078 147,064,524
PROCUREMENT.
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
[[Page H4745]]
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2022 House
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
001 0601102A DEFENSE RESEARCH SCIENCES......... 297,241 324,288
.................................. Lightweight, High Entropy Alloy [5,000]
Research.
.................................. Program increase............... [22,047]
002 0601103A UNIVERSITY RESEARCH INITIATIVES... 66,981 72,809
.................................. Program increase............... [5,828]
003 0601104A UNIVERSITY AND INDUSTRY RESEARCH 94,003 109,003
CENTERS.
.................................. Biotechnology advancements..... [4,000]
.................................. Polar Research and Training.... [6,000]
.................................. SMART and Cognitive Research [5,000]
for RF/ Radar.
004 0601121A CYBER COLLABORATIVE RESEARCH 5,067 5,067
ALLIANCE.
005 0601601A ARTIFICIAL INTELLIGENCE AND 10,183 15,183
MACHINE LEARNING BASIC RESEARCH.
.................................. Program increase............... [5,000]
.................................. SUBTOTAL BASIC RESEARCH........ 473,475 526,350
..................................
.................................. APPLIED RESEARCH
006 0602115A BIOMEDICAL TECHNOLOGY............. 11,925 11,925
007 0602134A COUNTER IMPROVISED-THREAT ADVANCED 1,976 1,976
STUDIES.
008 0602141A LETHALITY TECHNOLOGY.............. 64,126 65,126
.................................. CPF--Research and Development [1,000]
of Next Generation Explosives
and Propellants.
009 0602142A ARMY APPLIED RESEARCH............. 28,654 28,654
010 0602143A SOLDIER LETHALITY TECHNOLOGY...... 105,168 115,168
.................................. AFC Pathfinder Partnership [10,000]
Program-Air Assault.
011 0602144A GROUND TECHNOLOGY................. 56,400 118,400
.................................. Additive Manufacturing [9,000]
Materials.
.................................. Advanced materials process..... [10,000]
.................................. Chemical and Biological [5,000]
Detection.
.................................. CPF--Army Research Lab (ARL) [5,000]
Additive Manufacturing/Machine
Learning (AM/ML) Initiative.
.................................. High performance polymers..... [10,000]
.................................. Modeling Enabled [6,000]
Multifunctional Materials
Development (MEMMD).
.................................. Program increase.............. [17,000]
012 0602145A NEXT GENERATION COMBAT VEHICLE 172,166 190,166
TECHNOLOGY.
.................................. CPF--High-efficiency Truck [2,500]
Users Forum (HTUF).
.................................. CPF--Structural Thermoplastics [4,500]
Large-Scale Low-Cost Tooling
Solutions.
.................................. Prototyping Energy Smart [8,000]
Autonomous Ground Systems.
.................................. Tactical Behaviors for [3,000]
Autonomous Maneuver.
013 0602146A NETWORK C3I TECHNOLOGY............ 84,606 136,406
.................................. Advanced fabrics for shelters. [9,000]
.................................. Alternative PNT............... [15,000]
.................................. CPF--Future Nano- and Micro- [6,800]
Fabrication - Advanced
Materials Engineering Research
Institute.
.................................. CPF--Multiple Drone, Multiple [5,000]
Sensor ISR Capabilities.
.................................. Distributed Radio Frequency [10,000]
Sensor/Effector Technology for
Strategic Defense.
.................................. Intelligent Electronic [6,000]
Protection Technologies.
014 0602147A LONG RANGE PRECISION FIRES 64,285 94,535
TECHNOLOGY.
.................................. Machine Learning for Army [10,000]
Integrated Fires.
.................................. Novel Printed Armaments [15,000]
Components.
.................................. Precision Long Range [5,250]
Integrated Strike (PLRIS).
015 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 91,411 91,411
016 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 19,316 64,316
.................................. Advancement of critical HEL [10,000]
technologies.
.................................. Cyber Electromagnetic (CEMA) [15,000]
Missile Defender.
.................................. High energy laser integration. [20,000]
017 0602180A ARTIFICIAL INTELLIGENCE AND 15,034 15,034
MACHINE LEARNING TECHNOLOGIES.
018 0602181A ALL DOMAIN CONVERGENCE APPLIED 25,967 25,967
RESEARCH.
019 0602182A C3I APPLIED RESEARCH.............. 12,406 12,406
020 0602183A AIR PLATFORM APPLIED RESEARCH..... 6,597 16,597
.................................. High density eVTOL power [10,000]
source.
021 0602184A SOLDIER APPLIED RESEARCH.......... 11,064 26,064
.................................. Advanced AI/AA analytics...... [5,000]
.................................. AFC Pathfinder Partnership [10,000]
Program.
022 0602213A C3I APPLIED CYBER................. 12,123 12,123
023 0602386A BIOTECHNOLOGY FOR MATERIALS-- 20,643 20,643
APPLIED RESEARCH.
024 0602785A MANPOWER/PERSONNEL/TRAINING 18,701 18,701
TECHNOLOGY.
025 0602787A MEDICAL TECHNOLOGY................ 91,720 95,720
.................................. CPF--Human Performance [2,000]
Optimization (HPO) Center.
.................................. CPF--Suicide Prevention with [2,000]
Focus on Rural, Remote,
Isolated, and OCONUS
Installations.
.................................. SUBTOTAL APPLIED RESEARCH...... 914,288 1,161,338
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
026 0603002A MEDICAL ADVANCED TECHNOLOGY....... 43,804 43,804
027 0603007A MANPOWER, PERSONNEL AND TRAINING 14,273 14,273
ADVANCED TECHNOLOGY.
028 0603025A ARMY AGILE INNOVATION AND 22,231 22,231
DEMONSTRATION.
029 0603040A ARTIFICIAL INTELLIGENCE AND 909 909
MACHINE LEARNING ADVANCED
TECHNOLOGIES.
030 0603041A ALL DOMAIN CONVERGENCE ADVANCED 17,743 17,743
TECHNOLOGY.
031 0603042A C3I ADVANCED TECHNOLOGY........... 3,151 3,151
032 0603043A AIR PLATFORM ADVANCED TECHNOLOGY.. 754 754
033 0603044A SOLDIER ADVANCED TECHNOLOGY....... 890 890
034 0603115A MEDICAL DEVELOPMENT............... 26,521 26,521
035 0603116A LETHALITY ADVANCED TECHNOLOGY..... 8,066 8,066
036 0603117A ARMY ADVANCED TECHNOLOGY 76,815 76,815
DEVELOPMENT.
[[Page H4746]]
037 0603118A SOLDIER LETHALITY ADVANCED 107,966 107,966
TECHNOLOGY.
038 0603119A GROUND ADVANCED TECHNOLOGY........ 23,403 63,403
.................................. Advanced Entry Control Point [5,000]
Design.
.................................. Cold weather military research [2,000]
.................................. CPF--Military Operations in a [3,000]
Permafrost Environment.
.................................. Ground Advanced Technology--3D [12,000]
Printed Structures.
.................................. Program increase.............. [10,000]
.................................. Rapid entry and sustainment [8,000]
for the Arctic.
039 0603134A COUNTER IMPROVISED-THREAT 24,747 24,747
SIMULATION.
040 0603386A BIOTECHNOLOGY FOR MATERIALS-- 53,736 53,736
ADVANCED RESEARCH.
041 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 31,426 31,426
042 0603461A HIGH PERFORMANCE COMPUTING 189,123 231,523
MODERNIZATION PROGRAM.
.................................. Program increase.............. [42,400]
043 0603462A NEXT GENERATION COMBAT VEHICLE 164,951 169,951
ADVANCED TECHNOLOGY.
.................................. Vehicle Cyber Security [5,000]
Research.
044 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 155,867 174,267
.................................. C3I Assured Position, [10,000]
Navigation, and Timing
Technology.
.................................. Infrastructure Smart [8,400]
Technology.
045 0603464A LONG RANGE PRECISION FIRES 93,909 123,909
ADVANCED TECHNOLOGY.
.................................. Extended Range Artillery [10,000]
Munition Suite (ERAMS).
.................................. Missile effects planning tool [10,000]
developlment.
.................................. Project AG5................... [10,000]
046 0603465A FUTURE VERTICAL LIFT ADVANCED 179,677 179,677
TECHNOLOGY.
047 0603466A AIR AND MISSILE DEFENSE ADVANCED 48,826 66,326
TECHNOLOGY.
.................................. Late contract award........... [-2,500]
.................................. Program increase--Missile [10,000]
Mentor.
.................................. Vehicle-mounted high-energy [10,000]
laser weapon systems
development.
048 0603920A HUMANITARIAN DEMINING............. 8,649 8,649
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,297,437 1,450,737
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
049 0603305A ARMY MISSILE DEFENSE SYSTEMS 11,702 53,702
INTEGRATION.
.................................. Electro-Magnetic Denial and [10,000]
Protect.
.................................. Flight Analysis Software [8,000]
Toolkit.
.................................. PNT Resiliency Lab............ [8,000]
.................................. Program increase.............. [10,000]
.................................. Scalable High Powered [6,000]
Microwave Technology.
050 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 18,755 21,755
.................................. Multi-Mission Synthetic [3,000]
Aperture Radar Payload
Development.
052 0603619A LANDMINE WARFARE AND BARRIER--ADV 50,314 50,314
DEV.
053 0603639A TANK AND MEDIUM CALIBER AMMUNITION 79,873 79,873
054 0603645A ARMORED SYSTEM MODERNIZATION--ADV 170,590 176,390
DEV.
.................................. Excess to need................ [-4,000]
.................................. Ground vehicle modeling and [9,800]
simulation research and
development.
055 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 2,897 2,897
056 0603766A TACTICAL ELECTRONIC SURVEILLANCE 113,365 113,365
SYSTEM--ADV DEV.
057 0603774A NIGHT VISION SYSTEMS ADVANCED 18,000 21,804
DEVELOPMENT.
.................................. Soldier Maneuver Sensors Adv [3,804]
Dev Lethality Smart System--
Army UPL.
058 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 11,921 11,921
DEM/VAL.
059 0603790A NATO RESEARCH AND DEVELOPMENT..... 3,777 3,777
060 0603801A AVIATION--ADV DEV................. 1,125,641 1,134,141
.................................. Excess to need................ [-24,500]
.................................. FLRAA risk reduction.......... [33,000]
061 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 7,055 7,055
ADV DEV.
062 0603807A MEDICAL SYSTEMS--ADV DEV.......... 22,071 22,071
063 0603827A SOLDIER SYSTEMS--ADVANCED 17,459 17,459
DEVELOPMENT.
064 0604017A ROBOTICS DEVELOPMENT.............. 87,198 75,048
.................................. Excess carryover.............. [-7,150]
.................................. Unjustified growth--other [-5,000]
support costs.
065 0604019A EXPANDED MISSION AREA MISSILE 50,674 43,674
(EMAM).
.................................. IFPC-HEL Late Contract Award.. [-7,000]
067 0604035A LOW EARTH ORBIT (LEO) SATELLITE 19,638 19,638
CAPABILITY.
068 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) 50,548 45,498
ADV DEV.
.................................. Insufficient justification.... [-5,050]
069 0604037A TACTICAL INTEL TARGETING ACCESS 28,347 28,347
NODE (TITAN) ADV DEV.
070 0604100A ANALYSIS OF ALTERNATIVES.......... 10,091 10,091
071 0604101A SMALL UNMANNED AERIAL VEHICLE 926 926
(SUAV) (6.4).
072 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 69,697 69,697
SYSTEM (FTUAS).
073 0604114A LOWER TIER AIR MISSILE DEFENSE 327,690 327,690
(LTAMD) SENSOR.
074 0604115A TECHNOLOGY MATURATION INITIATIVES. 270,124 180,324
.................................. Insufficient justification.... [-80,000]
.................................. Program decrease.............. [-9,800]
075 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 39,376 32,976
(M-SHORAD).
.................................. Excess carryover.............. [-6,400]
076 0604119A ARMY ADVANCED COMPONENT 189,483 189,483
DEVELOPMENT & PROTOTYPING.
077 0604120A ASSURED POSITIONING, NAVIGATION 96,679 96,679
AND TIMING (PNT).
078 0604121A SYNTHETIC TRAINING ENVIRONMENT 194,195 192,195
REFINEMENT & PROTOTYPING.
.................................. Prior-year carryover.......... [-2,000]
079 0604134A COUNTER IMPROVISED-THREAT 13,379 13,379
DEMONSTRATION, PROTOTYPE
DEVELOPMENT, AND TESTING.
080 0604182A HYPERSONICS....................... 300,928 300,928
081 0604403A FUTURE INTERCEPTOR................ 7,895 7,895
[[Page H4747]]
082 0604531A COUNTER--SMALL UNMANNED AIRCRAFT 19,148 19,148
SYSTEMS ADVANCED DEVELOPMENT.
083 0604541A UNIFIED NETWORK TRANSPORT......... 35,409 35,409
084 0604644A MOBILE MEDIUM RANGE MISSILE....... 286,457 281,457
.................................. Prior-year carryover.......... [-5,000]
085 0604785A INTEGRATED BASE DEFENSE (BUDGET 2,040 2,040
ACTIVITY 4).
086 0305251A CYBERSPACE OPERATIONS FORCES AND 52,988 52,988
FORCE SUPPORT.
.................................. SUBTOTAL ADVANCED COMPONENT 3,806,330 3,742,034
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
089 0604201A AIRCRAFT AVIONICS................. 6,654 6,654
090 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 30,840 26,440
.................................. Early to need................. [-4,400]
091 0604601A INFANTRY SUPPORT WEAPONS.......... 67,873 72,873
.................................. Turret Gunner Survivability [5,000]
and Simulation Environment.
092 0604604A MEDIUM TACTICAL VEHICLES.......... 11,374 11,374
093 0604611A JAVELIN........................... 7,094 7,094
094 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 31,602 31,602
095 0604633A AIR TRAFFIC CONTROL............... 4,405 4,405
096 0604642A LIGHT TACTICAL WHEELED VEHICLES... 2,055 7,655
.................................. Electric Light Recon Vehicle-- [5,600]
Army UPL.
097 0604645A ARMORED SYSTEMS MODERNIZATION 137,256 137,256
(ASM)--ENG DEV.
098 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 62,690 112,690
.................................. Transfer from Other [50,000]
Procurement, Army line 83.
099 0604713A COMBAT FEEDING, CLOTHING, AND 1,658 1,658
EQUIPMENT.
100 0604715A NON-SYSTEM TRAINING DEVICES--ENG 26,540 26,540
DEV.
101 0604741A AIR DEFENSE COMMAND, CONTROL AND 59,518 59,518
INTELLIGENCE--ENG DEV.
102 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 22,331 22,331
DEVELOPMENT.
103 0604746A AUTOMATIC TEST EQUIPMENT 8,807 8,807
DEVELOPMENT.
104 0604760A DISTRIBUTIVE INTERACTIVE 7,453 7,453
SIMULATIONS (DIS)--ENG DEV.
107 0604798A BRIGADE ANALYSIS, INTEGRATION AND 21,534 21,534
EVALUATION.
108 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 309,778 309,778
109 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 59,261 52,261
ENG DEV.
.................................. Excess carryover.............. [-7,000]
110 0604805A COMMAND, CONTROL, COMMUNICATIONS 20,121 20,121
SYSTEMS--ENG DEV.
111 0604807A MEDICAL MATERIEL/MEDICAL 44,424 44,424
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
112 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 14,137 9,137
.................................. Insufficient justification.... [-5,000]
113 0604818A ARMY TACTICAL COMMAND & CONTROL 162,704 162,704
HARDWARE & SOFTWARE.
114 0604820A RADAR DEVELOPMENT................. 127,919 127,919
115 0604822A GENERAL FUND ENTERPRISE BUSINESS 17,623 17,623
SYSTEM (GFEBS).
117 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 6,454 6,454
118 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 106,354 127,354
SYSTEMS--EMD.
.................................. Program increase for vehicle [21,000]
protection system research--
Army UPL.
120 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 122,168 122,168
121 0605018A INTEGRATED PERSONNEL AND PAY 76,936 76,936
SYSTEM-ARMY (IPPS-A).
122 0605028A ARMORED MULTI-PURPOSE VEHICLE 35,560 35,560
(AMPV).
124 0605030A JOINT TACTICAL NETWORK CENTER 16,364 16,364
(JTNC).
125 0605031A JOINT TACTICAL NETWORK (JTN)...... 28,954 28,954
128 0605035A COMMON INFRARED COUNTERMEASURES 16,630 16,630
(CIRCM).
130 0605038A NUCLEAR BIOLOGICAL CHEMICAL 7,618 7,618
RECONNAISSANCE VEHICLE (NBCRV)
SENSOR SUITE.
131 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 18,892 18,892
132 0605042A TACTICAL NETWORK RADIO SYSTEMS 28,849 28,849
(LOW-TIER).
133 0605047A CONTRACT WRITING SYSTEM........... 22,960 22,960
135 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 65,603 65,603
136 0605052A INDIRECT FIRE PROTECTION 233,512 233,512
CAPABILITY INC 2--BLOCK 1.
137 0605053A GROUND ROBOTICS................... 18,241 18,241
138 0605054A EMERGING TECHNOLOGY INITIATIVES... 254,945 254,945
139 0605143A BIOMETRICS ENABLING CAPABILITY 4,326 4,326
(BEC).
140 0605144A NEXT GENERATION LOAD DEVICE-- 15,616 15,616
MEDIUM.
141 0605145A MEDICAL PRODUCTS AND SUPPORT 962 962
SYSTEMS DEVELOPMENT.
142 0605148A TACTICAL INTEL TARGETING ACCESS 54,972 54,972
NODE (TITAN) EMD.
143 0605203A ARMY SYSTEM DEVELOPMENT & 122,175 122,175
DEMONSTRATION.
144 0605205A SMALL UNMANNED AERIAL VEHICLE 2,275 2,275
(SUAV) (6.5).
145 0605224A MULTI-DOMAIN INTELLIGENCE......... 9,313 9,313
146 0605225A SIO CAPABILITY DEVELOPMENT........ 22,713 22,713
147 0605231A PRECISION STRIKE MISSILE (PRSM)... 188,452 188,452
148 0605232A HYPERSONICS EMD................... 111,473 111,473
149 0605233A ACCESSIONS INFORMATION ENVIRONMENT 18,790 18,790
(AIE).
150 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 2,134 2,134
151 0605457A ARMY INTEGRATED AIR AND MISSILE 157,873 157,873
DEFENSE (AIAMD).
152 0605531A COUNTER--SMALL UNMANNED AIRCRAFT 33,386 33,386
SYSTEMS SYS DEV & DEMONSTRATION.
153 0605625A MANNED GROUND VEHICLE............. 225,106 203,106
.................................. Excess carryover.............. [-10,000]
.................................. Unjustified growth--other [-7,000]
support costs.
.................................. Unjustified growth--program [-5,000]
management.
154 0605766A NATIONAL CAPABILITIES INTEGRATION 14,454 14,454
(MIP).
155 0605812A JOINT LIGHT TACTICAL VEHICLE 2,564 2,564
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
156 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,201 1,201
157 0303032A TROJAN--RH12...................... 3,362 3,362
161 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 75,520 75,520
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,392,358 3,435,558
DEMONSTRATION.
[[Page H4748]]
..................................
.................................. MANAGEMENT SUPPORT
162 0604256A THREAT SIMULATOR DEVELOPMENT...... 18,439 18,439
163 0604258A TARGET SYSTEMS DEVELOPMENT........ 17,404 17,404
164 0604759A MAJOR T&E INVESTMENT.............. 68,139 68,139
165 0605103A RAND ARROYO CENTER................ 33,126 33,126
166 0605301A ARMY KWAJALEIN ATOLL.............. 240,877 240,877
167 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 79,710 79,710
169 0605601A ARMY TEST RANGES AND FACILITIES... 354,227 354,227
170 0605602A ARMY TECHNICAL TEST 49,253 69,739
INSTRUMENTATION AND TARGETS.
.................................. Modular Open System [20,486]
Architecture (MOSA)
integration research and
testing.
171 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 36,389 36,389
172 0605606A AIRCRAFT CERTIFICATION............ 2,489 2,489
173 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,689 6,689
ACTIVITIES.
174 0605706A MATERIEL SYSTEMS ANALYSIS......... 21,558 21,558
175 0605709A EXPLOITATION OF FOREIGN ITEMS..... 13,631 13,631
176 0605712A SUPPORT OF OPERATIONAL TESTING.... 55,122 55,122
177 0605716A ARMY EVALUATION CENTER............ 65,854 65,854
178 0605718A ARMY MODELING & SIM X-CMD 2,633 2,633
COLLABORATION & INTEG.
179 0605801A PROGRAMWIDE ACTIVITIES............ 96,589 96,589
180 0605803A TECHNICAL INFORMATION ACTIVITIES.. 26,808 26,808
181 0605805A MUNITIONS STANDARDIZATION, 43,042 48,042
EFFECTIVENESS AND SAFETY.
.................................. Program increase for Advanced [5,000]
Ammunition Material and
Manufacturing Technologies.
182 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 1,789 1,789
MGMT SUPPORT.
183 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 52,108 52,108
R&D - MHA.
185 0606002A RONALD REAGAN BALLISTIC MISSILE 80,952 80,952
DEFENSE TEST SITE.
186 0606003A COUNTERINTEL AND HUMAN INTEL 5,363 5,363
MODERNIZATION.
187 0606105A MEDICAL PROGRAM-WIDE ACTIVITIES... 39,041 39,041
188 0606942A ASSESSMENTS AND EVALUATIONS CYBER 5,466 5,466
VULNERABILITIES.
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,416,698 1,442,184
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
190 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 12,314 12,314
191 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,868 8,868
192 0607131A WEAPONS AND MUNITIONS PRODUCT 22,828 38,828
IMPROVEMENT PROGRAMS.
.................................. Agile Manufacturing for [16,000]
Advanced Armament Systems.
194 0607136A BLACKHAWK PRODUCT IMPROVEMENT 4,773 6,773
PROGRAM.
.................................. Program increase.............. [2,000]
195 0607137A CHINOOK PRODUCT IMPROVEMENT 52,372 62,372
PROGRAM.
.................................. Program increase--T55-714C [10,000]
acceleration.
196 0607139A IMPROVED TURBINE ENGINE PROGRAM... 275,024 315,024
.................................. Army Improved Turbine Engine [40,000]
Program.
197 0607142A AVIATION ROCKET SYSTEM PRODUCT 12,417 12,417
IMPROVEMENT AND DEVELOPMENT.
198 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 4,594 4,594
PRODUCTS.
199 0607145A APACHE FUTURE DEVELOPMENT......... 10,067 25,067
.................................. Program increase--air vehicle [15,000]
advancement and advanced
mission systems..
200 0607148A AN/TPQ-53 COUNTERFIRE TARGET 56,681 56,681
ACQUISITION RADAR SYSTEM.
201 0607150A INTEL CYBER DEVELOPMENT........... 3,611 12,471
.................................. Cyber-Info Dominance Center... [8,860]
202 0607312A ARMY OPERATIONAL SYSTEMS 28,029 28,029
DEVELOPMENT.
203 0607313A ELECTRONIC WARFARE DEVELOPMENT.... 5,673 5,673
204 0607665A FAMILY OF BIOMETRICS.............. 1,178 1,178
205 0607865A PATRIOT PRODUCT IMPROVEMENT....... 125,932 125,932
206 0203728A JOINT AUTOMATED DEEP OPERATION 25,547 25,547
COORDINATION SYSTEM (JADOCS).
207 0203735A COMBAT VEHICLE IMPROVEMENT 211,523 276,523
PROGRAMS.
.................................. Abrams tank modernization..... [65,000]
208 0203743A 155MM SELF-PROPELLED HOWITZER 213,281 208,136
IMPROVEMENTS.
.................................. Excess carryover.............. [-5,145]
210 0203752A AIRCRAFT ENGINE COMPONENT 132 132
IMPROVEMENT PROGRAM.
211 0203758A DIGITIZATION...................... 3,936 3,936
212 0203801A MISSILE/AIR DEFENSE PRODUCT 127 127
IMPROVEMENT PROGRAM.
213 0203802A OTHER MISSILE PRODUCT IMPROVEMENT 10,265 10,265
PROGRAMS.
214 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 262 262
OPERATIONAL SYSTEM DEV.
215 0205456A LOWER TIER AIR AND MISSILE DEFENSE 182 182
(AMD) SYSTEM.
216 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 63,937 63,937
SYSTEM (GMLRS).
217 0208053A JOINT TACTICAL GROUND SYSTEM...... 13,379 13,379
219 0303028A SECURITY AND INTELLIGENCE 24,531 24,531
ACTIVITIES.
220 0303140A INFORMATION SYSTEMS SECURITY 15,720 15,720
PROGRAM.
221 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 52,739 61,739
.................................. ERP Convergence............... [9,000]
222 0303142A SATCOM GROUND ENVIRONMENT (SPACE). 15,247 15,247
226 0305179A INTEGRATED BROADCAST SERVICE (IBS) 5,430 5,430
227 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 8,410 8,410
228 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 24,460 24,460
233 0307665A BIOMETRICS ENABLED INTELLIGENCE... 2,066 2,066
234 0708045A END ITEM INDUSTRIAL PREPAREDNESS 61,720 76,720
ACTIVITIES.
.................................. Digital Night Vision Cameras.. [15,000]
236A 9999999999 CLASSIFIED PROGRAMS............... 2,993 2,993
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,380,248 1,555,963
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
237 0608041A DEFENSIVE CYBER--SOFTWARE 118,811 118,811
PROTOTYPE DEVELOPMENT.
[[Page H4749]]
.................................. SUBTOTAL SOFTWARE AND DIGITAL 118,811 118,811
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 12,799,645 13,432,975
TEST & EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES... 117,448 160,136
.................................. Defense University Research [20,000]
Instrumentation Program.
.................................. Program increase.............. [22,688]
002 0601152N IN-HOUSE LABORATORY INDEPENDENT 23,399
RESEARCH.
.................................. Program increase.............. [23,399]
003 0601153N DEFENSE RESEARCH SCIENCES......... 484,421 489,406
.................................. CPF--Digital Twins for Navy [1,985]
Maintenance.
.................................. Program increase.............. [3,000]
.................................. SUBTOTAL BASIC RESEARCH........ 601,869 672,941
..................................
.................................. APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED RESEARCH. 23,013 33,013
.................................. Multi-Mission UAV-borne [10,000]
Electronic Attack.
005 0602123N FORCE PROTECTION APPLIED RESEARCH. 122,888 143,388
.................................. Program increase.............. [5,000]
.................................. Relative positioning of [5,000]
autonomous platforms.
.................................. Talent and technology for Navy [10,500]
power and energy systems.
006 0602131M MARINE CORPS LANDING FORCE 51,112 61,112
TECHNOLOGY.
.................................. Unmanned logistics solutions.. [10,000]
007 0602235N COMMON PICTURE APPLIED RESEARCH... 51,477 51,477
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 70,547 80,547
RESEARCH.
.................................. High Mobility Ground Robots to [5,000]
Assist Dismounted Infantry in
Urban Operations.
.................................. Humanoid robotics in complex [5,000]
unstructured environments.
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 85,157 85,157
RESEARCH.
010 0602435N OCEAN WARFIGHTING ENVIRONMENT 70,086 90,086
APPLIED RESEARCH.
.................................. Program increase.............. [20,000]
011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,405 6,405
RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 57,484 112,484
.................................. Academic partnerships for [16,500]
undersea vehicle research and
manufacturing.
.................................. Continuous distributed sensing [20,000]
systems.
.................................. CPF--Connected AI for [5,000]
Autonomous UUV Systems.
.................................. CPF--Persistent Maritime [5,000]
Surveillance.
.................................. Program increase.............. [8,500]
013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 173,356 193,356
RESEARCH.
.................................. Remote acoustic sensing....... [20,000]
014 0602782N MINE AND EXPEDITIONARY WARFARE 32,160 32,160
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 152,976 152,976
APPLIED RESEARCH.
016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 79,254 79,254
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH...... 975,915 1,121,415
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 21,661 21,661
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 8,146 8,146
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 224,155 264,055
DEMONSTRATION (ATD).
.................................. Low Cost Attributable Aircraft [25,000]
Technology.
.................................. Maritime Targeting Cell-- [5,300]
Expeditionary (MTC-X).
.................................. Next Generation Logistics - [9,600]
Autonomous Littoral Connector.
020 0603651M JOINT NON-LETHAL WEAPONS 13,429 13,429
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 265,299 265,299
TECHNOLOGY DEVELOPMENT.
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 57,236 57,236
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,935 4,935
TECHNOLOGY.
024 0603758N NAVY WARFIGHTING EXPERIMENTS AND 47,167 52,167
DEMONSTRATIONS.
.................................. Net-Zero and Resilient Energy [5,000]
Installations.
025 0603782N MINE AND EXPEDITIONARY WARFARE 1,981 1,981
ADVANCED TECHNOLOGY.
026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 133,779 158,779
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. Attritable Group III Ultra- [10,000]
Long Endurance Unmanned
Aircraft for Persistent ISR.
.................................. Program increase--railgun..... [15,000]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 777,788 847,688
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
027 0603128N UNMANNED AERIAL SYSTEM............ 16,879 16,879
028 0603178N MEDIUM AND LARGE UNMANNED SURFACE 144,846 144,846
VEHICLES (USVS).
029 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 27,849 27,849
030 0603216N AVIATION SURVIVABILITY............ 16,815 16,815
031 0603239N NAVAL CONSTRUCTION FORCES......... 5,290 5,290
033 0603254N ASW SYSTEMS DEVELOPMENT........... 17,612 17,612
034 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,111 3,111
035 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 32,310 32,310
036 0603502N SURFACE AND SHALLOW WATER MINE 58,013 58,013
COUNTERMEASURES.
037 0603506N SURFACE SHIP TORPEDO DEFENSE...... 1,862 1,862
038 0603512N CARRIER SYSTEMS DEVELOPMENT....... 7,182 7,182
039 0603525N PILOT FISH........................ 408,087 408,087
040 0603527N RETRACT LARCH..................... 44,197 44,197
041 0603536N RETRACT JUNIPER................... 144,541 144,541
042 0603542N RADIOLOGICAL CONTROL.............. 761 761
043 0603553N SURFACE ASW....................... 1,144 1,144
[[Page H4750]]
044 0603561N ADVANCED SUBMARINE SYSTEM 99,782 79,782
DEVELOPMENT.
.................................. Production delay.............. [-20,000]
045 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 14,059 14,059
046 0603563N SHIP CONCEPT ADVANCED DESIGN...... 111,590 111,590
047 0603564N SHIP PRELIMINARY DESIGN & 106,957 106,957
FEASIBILITY STUDIES.
048 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 203,572 203,572
049 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 78,122 78,122
050 0603576N CHALK EAGLE....................... 80,270 80,270
051 0603581N LITTORAL COMBAT SHIP (LCS)........ 84,924 84,924
052 0603582N COMBAT SYSTEM INTEGRATION......... 17,322 17,322
053 0603595N OHIO REPLACEMENT.................. 296,231 266,231
.................................. Excessive cost growth......... [-30,000]
054 0603596N LCS MISSION MODULES............... 75,995 75,995
055 0603597N AUTOMATED TEST AND RE-TEST (ATRT). 7,805 7,805
056 0603599N FRIGATE DEVELOPMENT............... 109,459 109,459
057 0603609N CONVENTIONAL MUNITIONS............ 7,296 7,296
058 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 77,065 77,065
SYSTEM.
059 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 34,785 34,785
DEVELOPMENT.
060 0603713N OCEAN ENGINEERING TECHNOLOGY 8,774 8,774
DEVELOPMENT.
061 0603721N ENVIRONMENTAL PROTECTION.......... 20,677 20,677
062 0603724N NAVY ENERGY PROGRAM............... 33,824 43,824
.................................. AR3P Auto Refueling System.... [10,000]
063 0603725N FACILITIES IMPROVEMENT............ 6,327 6,327
064 0603734N CHALK CORAL....................... 579,389 579,389
065 0603739N NAVY LOGISTIC PRODUCTIVITY........ 669 669
066 0603746N RETRACT MAPLE..................... 295,295 295,295
067 0603748N LINK PLUMERIA..................... 692,280 692,280
068 0603751N RETRACT ELM....................... 83,904 83,904
069 0603764M LINK EVERGREEN.................... 221,253 221,253
071 0603790N NATO RESEARCH AND DEVELOPMENT..... 5,805 5,805
072 0603795N LAND ATTACK TECHNOLOGY............ 4,017 4,017
073 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 29,589 29,589
074 0603860N JOINT PRECISION APPROACH AND 24,450 24,450
LANDING SYSTEMS--DEM/VAL.
075 0603925N DIRECTED ENERGY AND ELECTRIC 81,803 81,803
WEAPON SYSTEMS.
076 0604014N F/A -18 INFRARED SEARCH AND TRACK 48,793 48,793
(IRST).
077 0604027N DIGITAL WARFARE OFFICE............ 46,769 55,752
.................................. Navy Tactical Grid Development [8,983]
for JADC2.
078 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 84,676 84,676
VEHICLES.
079 0604029N UNMANNED UNDERSEA VEHICLE CORE 59,299 59,299
TECHNOLOGIES.
081 0604031N LARGE UNMANNED UNDERSEA VEHICLES.. 88,063 88,063
082 0604112N GERALD R. FORD CLASS NUCLEAR 121,509 156,509
AIRCRAFT CARRIER (CVN 78--80).
.................................. Integrated Digital [35,000]
Shipbuilding.
083 0604126N LITTORAL AIRBORNE MCM............. 18,669 69
.................................. COBRA Block II early to need.. [-18,600]
084 0604127N SURFACE MINE COUNTERMEASURES...... 13,655 13,655
085 0604272N TACTICAL AIR DIRECTIONAL INFRARED 33,246 33,246
COUNTERMEASURES (TADIRCM).
086 0604289M NEXT GENERATION LOGISTICS......... 1,071 6,071
.................................. Additive Manufacturing Part [5,000]
Screening and Selection
Software Tool.
087 0604292N FUTURE VERTICAL LIFT (MARITIME 9,825 9,825
STRIKE).
088 0604320M RAPID TECHNOLOGY CAPABILITY 6,555 6,555
PROTOTYPE.
089 0604454N LX (R)............................ 3,344 3,344
090 0604536N ADVANCED UNDERSEA PROTOTYPING..... 58,473 58,473
091 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 5,529 5,529
(C-UAS).
092 0604659N PRECISION STRIKE WEAPONS 97,944 97,944
DEVELOPMENT PROGRAM.
093 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 9,340 9,340
ARCHITECTURE/ENGINEERING SUPPORT.
094 0604786N OFFENSIVE ANTI-SURFACE WARFARE 127,756 127,756
WEAPON DEVELOPMENT.
095 0605512N MEDIUM UNMANNED SURFACE VEHICLES 60,028 101,728
(MUSVS)).
.................................. Carry out execution of CLIN [41,700]
0101.
096 0605513N UNMANNED SURFACE VEHICLE ENABLING 170,838 123,838
CAPABILITIES.
.................................. USV machinery qualification [-47,000]
insuficient justification.
097 0605514M GROUND BASED ANTI-SHIP MISSILE 102,716 102,716
(MARFORRES).
098 0605516M LONG RANGE FIRES (MARFORRES)...... 88,479 88,479
099 0605518N CONVENTIONAL PROMPT STRIKE (CPS).. 1,372,340 1,498,340
.................................. Conventional Prompt Strike [126,000]
(CPS) RDT&E.
100 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 8,571 8,571
101 0304240M ADVANCED TACTICAL UNMANNED 16,204 63,604
AIRCRAFT SYSTEM.
.................................. KMAX.......................... [12,400]
.................................. Solar-powered UAS............. [35,000]
102 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 506 506
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 7,077,987 7,236,470
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
103 0603208N TRAINING SYSTEM AIRCRAFT.......... 5,864 5,864
104 0604212N OTHER HELO DEVELOPMENT............ 56,444 49,312
.................................. AURA--excess to need.......... [-7,132]
105 0604214M AV-8B AIRCRAFT--ENG DEV........... 10,146 10,146
106 0604215N STANDARDS DEVELOPMENT............. 4,082 4,082
107 0604216N MULTI-MISSION HELICOPTER UPGRADE 46,418 56,418
DEVELOPMENT.
.................................. Program increase--MH-60 [10,000]
modernization.
108 0604221N P-3 MODERNIZATION PROGRAM......... 579 579
109 0604230N WARFARE SUPPORT SYSTEM............ 10,167 10,167
110 0604231N COMMAND AND CONTROL SYSTEMS....... 122,913 122,913
[[Page H4751]]
111 0604234N ADVANCED HAWKEYE.................. 386,860 386,860
112 0604245M H-1 UPGRADES...................... 50,158 50,158
113 0604261N ACOUSTIC SEARCH SENSORS........... 46,066 46,066
114 0604262N V-22A............................. 107,984 107,984
115 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 22,746 22,746
116 0604269N EA-18............................. 68,425 68,425
117 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 139,535 136,593
.................................. Dual Band Decoy previously [-2,942]
funded.
118 0604273M EXECUTIVE HELO DEVELOPMENT........ 45,932 45,932
119 0604274N NEXT GENERATION JAMMER (NGJ)...... 243,923 245,423
.................................. High band risk reduction...... [10,000]
.................................. Test and evaluation delays.... [-8,500]
120 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 234,434 243,417
(JTRS-NAVY).
.................................. Navy Tactical Grid Development [8,983]
for JADC2.
121 0604282N NEXT GENERATION JAMMER (NGJ) 248,096 230,100
INCREMENT II.
.................................. Contract delays............... [-17,996]
122 0604307N SURFACE COMBATANT COMBAT SYSTEM 371,575 371,575
ENGINEERING.
123 0604311N LPD-17 CLASS SYSTEMS INTEGRATION.. 904 904
124 0604329N SMALL DIAMETER BOMB (SDB)......... 46,769 46,769
125 0604366N STANDARD MISSILE IMPROVEMENTS..... 343,511 343,511
126 0604373N AIRBORNE MCM...................... 10,881 10,881
127 0604378N NAVAL INTEGRATED FIRE CONTROL-- 46,121 46,121
COUNTER AIR SYSTEMS ENGINEERING.
129 0604501N ADVANCED ABOVE WATER SENSORS...... 77,852 77,852
130 0604503N SSN-688 AND TRIDENT MODERNIZATION. 95,693 95,693
131 0604504N AIR CONTROL....................... 27,499 27,499
132 0604512N SHIPBOARD AVIATION SYSTEMS........ 8,924 8,924
133 0604518N COMBAT INFORMATION CENTER 11,631 11,631
CONVERSION.
134 0604522N AIR AND MISSILE DEFENSE RADAR 96,556 96,556
(AMDR) SYSTEM.
135 0604530N ADVANCED ARRESTING GEAR (AAG)..... 147 147
136 0604558N NEW DESIGN SSN.................... 503,252 653,252
.................................. SSN Block VI design and [150,000]
advanced capabilities.
137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 62,115 68,115
.................................. Submarine Launched UAS........ [6,000]
138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 54,829 54,829
T&E.
139 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 4,290 4,290
140 0604601N MINE DEVELOPMENT.................. 76,027 76,027
141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 94,386 94,386
142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,348 8,348
DEVELOPMENT.
143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 42,144 42,144
SYSTEMS--ENG DEV.
144 0604703N PERSONNEL, TRAINING, SIMULATION, 7,375 7,375
AND HUMAN FACTORS.
146 0604755N SHIP SELF DEFENSE (DETECT & 149,433 149,433
CONTROL).
147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 87,862 87,862
KILL).
148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 69,006 69,006
KILL/EW).
149 0604761N INTELLIGENCE ENGINEERING.......... 20,684 20,684
150 0604771N MEDICAL DEVELOPMENT............... 3,967 11,467
.................................. Program increase - autonomous [7,500]
aerial technology for
distributed logistics..
151 0604777N NAVIGATION/ID SYSTEM.............. 48,837 48,837
152 0604800M JOINT STRIKE FIGHTER (JSF)--EMD... 577 577
153 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 262 262
154 0604850N SSN(X)............................ 29,829 29,829
155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 11,277 11,277
156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 243,828 243,828
157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,426 8,426
158 0605180N TACAMO MODERNIZATION.............. 150,592 90,472
.................................. Unjustified air vehicle [-60,120]
acquisition strategy.
159 0605212M CH-53K RDTE....................... 256,903 256,903
160 0605215N MISSION PLANNING.................. 88,128 88,128
161 0605217N COMMON AVIONICS................... 60,117 92,017
.................................. MAGTF Agile Network Gateway [31,900]
Link (MANGL) Wholene Tactical.
162 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 6,320 6,320
163 0605327N T-AO 205 CLASS.................... 4,336 4,336
164 0605414N UNMANNED CARRIER AVIATION (UCA)... 268,937 268,937
165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 356 356
166 0605500N MULTI-MISSION MARITIME AIRCRAFT 27,279 27,279
(MMA).
167 0605504N MULTI-MISSION MARITIME (MMA) 173,784 173,784
INCREMENT III.
168 0605611M MARINE CORPS ASSAULT VEHICLES 80,709 80,709
SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0605813M JOINT LIGHT TACTICAL VEHICLE 2,005 2,005
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
170 0204202N DDG-1000.......................... 112,576 112,576
174 0304785N ISR & INFO OPERATIONS............. 136,140 126,140
.................................. Program decrease.............. [-10,000]
175 0306250M CYBER OPERATIONS TECHNOLOGY 26,318 26,318
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 5,910,089 6,027,782
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
176 0604256N THREAT SIMULATOR DEVELOPMENT...... 20,862 20,862
177 0604258N TARGET SYSTEMS DEVELOPMENT........ 12,113 12,113
178 0604759N MAJOR T&E INVESTMENT.............. 84,617 84,617
179 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,108 3,108
180 0605154N CENTER FOR NAVAL ANALYSES......... 38,590 38,590
183 0605804N TECHNICAL INFORMATION SERVICES.... 934 934
184 0605853N MANAGEMENT, TECHNICAL & 93,966 93,966
INTERNATIONAL SUPPORT.
185 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,538 3,538
[[Page H4752]]
186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 135,149 135,149
187 0605864N TEST AND EVALUATION SUPPORT....... 429,277 429,277
188 0605865N OPERATIONAL TEST AND EVALUATION 24,872 24,872
CAPABILITY.
189 0605866N NAVY SPACE AND ELECTRONIC WARFARE 17,653 17,653
(SEW) SUPPORT.
190 0605867N SEW SURVEILLANCE/RECONNAISSANCE 8,065 8,065
SUPPORT.
191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 47,042 44,042
.................................. Wargaming capability project [-3,000]
restructured.
192 0605898N MANAGEMENT HQ--R&D................ 35,614 35,614
193 0606355N WARFARE INNOVATION MANAGEMENT..... 38,958 38,958
194 0305327N INSIDER THREAT.................... 2,581 2,581
195 0902498N MANAGEMENT HEADQUARTERS 1,747 1,747
(DEPARTMENTAL SUPPORT ACTIVITIES).
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 998,686 995,686
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
199 0604840M F-35 C2D2......................... 515,746 464,146
.................................. TR-3/B4 cost growth........... [-51,600]
200 0604840N F-35 C2D2......................... 481,962 433,762
.................................. TR-3/B4 cost growth........... [-48,200]
201 0605520M MARINE CORPS AIR DEFENSE WEAPONS 65,381 65,381
SYSTEMS (MARFORRES).
202 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 176,486 176,486
(CEC).
203 0101221N STRATEGIC SUB & WEAPONS SYSTEM 177,098 186,098
SUPPORT.
.................................. Next Generation Strategic [9,000]
Inertial Measurement Unit.
204 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 45,775 45,775
205 0101226N SUBMARINE ACOUSTIC WARFARE 64,752 74,752
DEVELOPMENT.
.................................. MK 5 acoustic device [10,000]
countermeasure.
206 0101402N NAVY STRATEGIC COMMUNICATIONS..... 35,451 35,451
207 0204136N F/A-18 SQUADRONS.................. 189,224 193,224
.................................. Jet Noise Reduction Technology [4,000]
208 0204228N SURFACE SUPPORT................... 13,733 13,733
209 0204229N TOMAHAWK AND TOMAHAWK MISSION 132,181 132,181
PLANNING CENTER (TMPC).
210 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 84,276 84,276
211 0204313N SHIP-TOWED ARRAY SURVEILLANCE 6,261 6,261
SYSTEMS.
212 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 1,657 1,657
(DISPLACEMENT CRAFT).
213 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 21,367 68,367
ATOR).
.................................. Naval Integrated Fire Control-- [12,000]
USMC UPL.
.................................. Radar Signal Processor [12,000]
Refresh--USMC UPL.
.................................. SENSOR AN/TPS-80 Ground/Air [23,000]
Task-Oriented Radar (G/ATOR):
Air Traffic Control (ATC)
Block IV Development--USMC UPL.
214 0204571N CONSOLIDATED TRAINING SYSTEMS 56,741 56,741
DEVELOPMENT.
215 0204575N ELECTRONIC WARFARE (EW) READINESS 62,006 62,006
SUPPORT.
216 0205601N ANTI-RADIATION MISSILE IMPROVEMENT 133,520 123,520
.................................. Program decrease.............. [-10,000]
217 0205620N SURFACE ASW COMBAT SYSTEM 28,804 28,804
INTEGRATION.
218 0205632N MK-48 ADCAP....................... 114,492 114,492
219 0205633N AVIATION IMPROVEMENTS............. 132,486 132,486
220 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 113,760 113,760
221 0206313M MARINE CORPS COMMUNICATIONS 89,897 92,697
SYSTEMS.
.................................. Compact Solid State Antenna [2,800]
(CSSA)--USMC UPL.
222 0206335M COMMON AVIATION COMMAND AND 9,324 9,324
CONTROL SYSTEM (CAC2S).
223 0206623M MARINE CORPS GROUND COMBAT/ 108,235 108,235
SUPPORTING ARMS SYSTEMS.
224 0206624M MARINE CORPS COMBAT SERVICES 13,185 13,185
SUPPORT.
225 0206625M USMC INTELLIGENCE/ELECTRONIC 37,695 37,695
WARFARE SYSTEMS (MIP).
226 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 7,551 7,551
227 0207161N TACTICAL AIM MISSILES............. 23,881 23,881
228 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 32,564 32,564
MISSILE (AMRAAM).
229 0208043N PLANNING AND DECISION AID SYSTEM 3,101 3,101
(PDAS).
234 0303138N AFLOAT NETWORKS................... 30,890 44,873
.................................. Navy Tactical Grid Development [8,983]
for JADC2.
.................................. Program increase.............. [5,000]
235 0303140N INFORMATION SYSTEMS SECURITY 33,311 33,311
PROGRAM.
236 0305192N MILITARY INTELLIGENCE PROGRAM 7,514 7,514
(MIP) ACTIVITIES.
237 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 9,837 9,837
238 0305205N UAS INTEGRATION AND 9,797 9,797
INTEROPERABILITY.
239 0305208M DISTRIBUTED COMMON GROUND/SURFACE 38,800 38,800
SYSTEMS.
240 0305220N MQ-4C TRITON...................... 13,029 13,029
241 0305231N MQ-8 UAV.......................... 26,543 26,543
242 0305232M RQ-11 UAV......................... 533 533
243 0305234N SMALL (LEVEL 0) TACTICAL UAS 1,772 1,772
(STUASL0).
245 0305241N MULTI-INTELLIGENCE SENSOR 59,252 59,252
DEVELOPMENT.
246 0305242M UNMANNED AERIAL SYSTEMS (UAS) 9,274 9,274
PAYLOADS (MIP).
247 0305251N CYBERSPACE OPERATIONS FORCES AND 36,378 36,378
FORCE SUPPORT.
248 0305421N RQ-4 MODERNIZATION................ 134,323 134,323
249 0307577N INTELLIGENCE MISSION DATA (IMD)... 907 907
250 0308601N MODELING AND SIMULATION SUPPORT... 9,772 9,772
251 0702207N DEPOT MAINTENANCE (NON-IF)........ 36,880 41,880
.................................. CPF--Defense Industrial Skills [5,000]
and Technology Training.
252 0708730N MARITIME TECHNOLOGY (MARITECH).... 3,329 3,329
253A 9999999999 CLASSIFIED PROGRAMS............... 1,872,586 1,872,586
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,313,319 5,295,302
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
254 0608013N RISK MANAGEMENT INFORMATION-- 13,703 13,703
SOFTWARE PILOT PROGRAM.
[[Page H4753]]
255 0608113N NAVY NEXT GENERATION ENTERPRISE 955,151 955,151
NETWORK (NGEN)--SOFTWARE PILOT
PROGRAM.
256 0608231N MARITIME TACTICAL COMMAND AND 14,855 14,855
CONTROL (MTC2)--SOFTWARE PILOT
PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 983,709 983,709
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 22,639,362 23,180,993
TEST & EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES......... 328,303 357,823
.................................. Program increase.............. [19,520]
.................................. Space Force University [10,000]
Partnerships.
002 0601103F UNIVERSITY RESEARCH INITIATIVES... 162,403 175,714
.................................. CPF--Neural-enabled [1,500]
Prosthetics.
.................................. Program increase.............. [11,811]
.................................. SUBTOTAL BASIC RESEARCH........ 490,706 533,537
..................................
.................................. APPLIED RESEARCH
004 0602020F FUTURE AF CAPABILITIES APPLIED 79,901 79,901
RESEARCH.
005 0602102F MATERIALS......................... 113,460 160,960
.................................. CPF--Affordable [10,000]
Multifunctional Aerospace
Composites.
.................................. Digital Maintenance Advisor... [7,500]
.................................. Maturation of carbon/carbon [5,000]
thermal protection systems.
.................................. Program increase.............. [25,000]
006 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 163,032 175,532
.................................. Nano-UAS for the Military [2,500]
Warfighter.
.................................. Novel advanced agile air [10,000]
platform technologies.
007 0602202F HUMAN EFFECTIVENESS APPLIED 136,273 136,273
RESEARCH.
008 0602203F AEROSPACE PROPULSION.............. 174,683 174,683
009 0602204F AEROSPACE SENSORS................. 193,514 211,214
.................................. Chip-locking microelectronics [8,700]
security.
.................................. Cyber Assurance and Assessment [9,000]
of Electronic Hardware Systems.
011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 8,891 8,891
MAJOR HEADQUARTERS ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS............ 151,757 161,757
.................................. Advanced Propulsion Technology [10,000]
for Hypersonic Systems.
013 0602605F DIRECTED ENERGY TECHNOLOGY........ 121,869 124,369
.................................. CPF--Directed Energy Research [2,500]
and Education for Workforce
Development.
014 0602788F DOMINANT INFORMATION SCIENCES AND 169,110 171,110
METHODS.
.................................. CPF--Assessment of a National [2,000]
Laboratory for
Transformational Computing.
.................................. SUBTOTAL APPLIED RESEARCH...... 1,312,490 1,404,690
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603032F FUTURE AF INTEGRATED TECHNOLOGY 131,643 131,643
DEMOS.
018 0603112F ADVANCED MATERIALS FOR WEAPON 31,905 61,905
SYSTEMS.
.................................. Composites Research........... [15,000]
.................................. Metals affordability research. [15,000]
019 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 21,057 21,057
(S&T).
020 0603203F ADVANCED AEROSPACE SENSORS........ 44,730 54,030
.................................. Authorization Software for [9,300]
Autonomous Sensors.
021 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 70,486 85,486
.................................. Enhanced Capability Hypersonic [15,000]
Airbreathing Testbed.
022 0603216F AEROSPACE PROPULSION AND POWER 75,273 169,773
TECHNOLOGY.
.................................. CPF--Development of Advanced [5,000]
Propulsion Technologies for
Hypersonic Systems.
.................................. Ground Testing of Reusable [20,000]
High Mach Turbine Engines.
.................................. Next Generation UAS Propulsion [30,000]
Development.
.................................. Reusable High Mach Turbine [29,500]
engine.
.................................. Turbine engine technology..... [10,000]
023 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 46,591 46,591
026 0603456F HUMAN EFFECTIVENESS ADVANCED 24,589 24,589
TECHNOLOGY DEVELOPMENT.
027 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 157,423 157,423
028 0603605F ADVANCED WEAPONS TECHNOLOGY....... 28,258 33,258
.................................. LIDAR CUAS Automated Target [5,000]
Recognition.
029 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 45,259 175,259
.................................. Aerospace and defense supply [6,000]
ecosystem.
.................................. CPF--Additive Manufacturing [5,000]
and Ultra-High Performance
Concrete.
.................................. Program increase.............. [95,000]
.................................. Smart Manufacturing Digital [10,000]
Thread Initiative.
.................................. Universal robotic controller.. [6,000]
.................................. Virtual, Augmented, and Mixed [8,000]
Reality Readiness.
030 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 56,772 56,772
AND DEMONSTRATION.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 733,986 1,017,786
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
031 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 5,795 5,795
032 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 21,939 21,939
033 0603790F NATO RESEARCH AND DEVELOPMENT..... 4,114 4,114
034 0603851F INTERCONTINENTAL BALLISTIC 49,621 49,621
MISSILE--DEM/VAL.
036 0604001F NC3 ADVANCED CONCEPTS............. 6,900 6,900
037 0604002F AIR FORCE WEATHER SERVICES 986 986
RESEARCH.
038 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 203,849 178,849
(ABMS).
.................................. Program decrease.............. [-25,000]
039 0604004F ADVANCED ENGINE DEVELOPMENT....... 123,712 380,712
.................................. Project 643608--AETP.......... [257,000]
[[Page H4754]]
040 0604006F ARCHITECTURE INITIATIVES.......... 82,438 43,438
.................................. Program decrease.............. [-39,000]
041 0604015F LONG RANGE STRIKE--BOMBER......... 2,872,624 2,872,624
042 0604032F DIRECTED ENERGY PROTOTYPING....... 10,820 10,820
043 0604033F HYPERSONICS PROTOTYPING........... 438,378 438,378
044 0604201F PNT RESILIENCY, MODS, AND 39,742 39,742
IMPROVEMENTS.
045 0604257F ADVANCED TECHNOLOGY AND SENSORS... 23,745 23,745
046 0604288F SURVIVABLE AIRBORNE OPERATIONS 133,253 133,253
CENTER.
047 0604317F TECHNOLOGY TRANSFER............... 15,768 15,768
048 0604327F HARD AND DEEPLY BURIED TARGET 15,886 15,886
DEFEAT SYSTEM (HDBTDS) PROGRAM.
049 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 71,229 71,229
ACS.
050 0604776F DEPLOYMENT & DISTRIBUTION 40,103 40,103
ENTERPRISE R&D.
051 0604858F TECH TRANSITION PROGRAM........... 343,545 423,545
.................................. NORTHCOM/NORAD--Proliferated [80,000]
Low Earth Orbit Arctic
Communications (P-LEO).
052 0605230F GROUND BASED STRATEGIC DETERRENT.. 2,553,541 2,553,541
054 0207110F NEXT GENERATION AIR DOMINANCE..... 1,524,667 1,474,667
.................................. High-Risk Technology [-50,000]
Integration Plan.
055 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 50,000
(3DELRR).
.................................. Build Command and Control [50,000]
Framework.
056 0207522F AIRBASE AIR DEFENSE SYSTEMS 10,905 10,905
(ABADS).
057 0208030F WAR RESERVE MATERIEL--AMMUNITION.. 3,943 3,943
059 0305236F COMMON DATA LINK EXECUTIVE AGENT 43,881 43,881
(CDL EA).
061 0305601F MISSION PARTNER ENVIRONMENTS...... 16,420 16,420
062 0306250F CYBER OPERATIONS TECHNOLOGY 242,499 242,499
SUPPORT.
063 0306415F ENABLED CYBER ACTIVITIES.......... 16,578 16,578
066 0901410F CONTRACTING INFORMATION TECHNOLOGY 20,343 20,343
SYSTEM.
.................................. SUBTOTAL ADVANCED COMPONENT 8,937,224 9,210,224
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
078 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 23,499 23,499
PROGRAMS.
079 0604201F PNT RESILIENCY, MODS, AND 167,520 167,520
IMPROVEMENTS.
080 0604222F NUCLEAR WEAPONS SUPPORT........... 30,050 30,050
081 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 2,110 7,110
.................................. Program increase--Ultra- [5,000]
Wideband Receiver.
082 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 169,836 169,836
083 0604287F PHYSICAL SECURITY EQUIPMENT....... 8,469 8,469
085 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 9,047 9,047
086 0604604F SUBMUNITIONS...................... 2,954 2,954
087 0604617F AGILE COMBAT SUPPORT.............. 16,603 16,603
089 0604706F LIFE SUPPORT SYSTEMS.............. 25,437 25,437
090 0604735F COMBAT TRAINING RANGES............ 23,980 23,980
092 0604932F LONG RANGE STANDOFF WEAPON........ 609,042 609,042
093 0604933F ICBM FUZE MODERNIZATION........... 129,709 129,709
095 0605056F OPEN ARCHITECTURE MANAGEMENT...... 37,109 37,109
096 0605221F KC-46............................. 1 1
097 0605223F ADVANCED PILOT TRAINING........... 188,898 169,998
.................................. MS-C Delay.................... [-18,900]
098 0605229F HH-60W............................ 66,355 30,506
.................................. Early to need--capability [-35,849]
upgrades and modernization.
101 0207171F F-15 EPAWSS....................... 112,012 112,012
102 0207328F STAND IN ATTACK WEAPON............ 166,570 161,551
.................................. Program decrease.............. [-5,000]
.................................. SiAW Acq Strategy Change...... [-19]
103 0207701F FULL COMBAT MISSION TRAINING...... 7,064 16,564
.................................. Airborne Augmented Reality [9,500]
Technology.
105 0401221F KC-46A TANKER SQUADRONS........... 73,458 62,458
.................................. RVS testing early to need..... [-11,000]
107 0401319F VC-25B............................ 680,665 584,665
.................................. Early to need................. [-96,000]
108 0701212F AUTOMATED TEST SYSTEMS............ 15,445 15,445
109 0804772F TRAINING DEVELOPMENTS............. 4,482 4,482
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 2,570,315 2,418,047
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
124 0604256F THREAT SIMULATOR DEVELOPMENT...... 41,909 63,946
.................................. Commercial Physics-Based [5,000]
Simulation and Modeling
Technology.
.................................. Program increase.............. [17,037]
125 0604759F MAJOR T&E INVESTMENT.............. 130,766 133,766
.................................. Gulf Test Range and Training [3,000]
Enhancements.
126 0605101F RAND PROJECT AIR FORCE............ 36,017 36,017
128 0605712F INITIAL OPERATIONAL TEST & 12,582 12,582
EVALUATION.
129 0605807F TEST AND EVALUATION SUPPORT....... 811,032 803,032
.................................. Program decrease.............. [-8,000]
131 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 243,796 243,796
SYS.
132 0605828F ACQ WORKFORCE- GLOBAL REACH....... 435,930 435,930
133 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 435,274 435,274
BUS SYS.
135 0605831F ACQ WORKFORCE- CAPABILITY 243,806 243,806
INTEGRATION.
136 0605832F ACQ WORKFORCE- ADVANCED PRGM 103,041 103,041
TECHNOLOGY.
137 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 226,055 226,055
138 0605898F MANAGEMENT HQ--R&D................ 4,079 4,079
139 0605976F FACILITIES RESTORATION AND 70,788 70,788
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
140 0605978F FACILITIES SUSTAINMENT--TEST AND 30,057 30,057
EVALUATION SUPPORT.
[[Page H4755]]
141 0606017F REQUIREMENTS ANALYSIS AND 85,799 75,799
MATURATION.
.................................. Program decrease.............. [-10,000]
142 0606398F MANAGEMENT HQ--T&E................ 6,163 6,163
143 0303166F SUPPORT TO INFORMATION OPERATIONS 537 537
(IO) CAPABILITIES.
144 0303255F COMMAND, CONTROL, COMMUNICATION, 25,340 45,340
AND COMPUTERS (C4)--STRATCOM.
.................................. Establishment of Rapid [10,000]
Engineering Architecture
Engineering Hub--collaborative
research network.
.................................. Establishment of Rapid [10,000]
Engineering Architecture
Engineering Hub--prototype
development.
145 0308602F ENTEPRISE INFORMATION SERVICES 28,720 28,720
(EIS).
146 0702806F ACQUISITION AND MANAGEMENT SUPPORT 37,211 37,211
147 0804731F GENERAL SKILL TRAINING............ 1,506 1,506
148 0804772F TRAINING DEVELOPMENTS............. 2,957 2,957
150 1001004F INTERNATIONAL ACTIVITIES.......... 2,420 2,420
156 1206864F SPACE TEST PROGRAM (STP).......... 3 3
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 3,015,788 3,042,825
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
157 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 5,509 5,509
TRAINING.
158 0604445F WIDE AREA SURVEILLANCE............ 2,760 2,760
160 0604840F F-35 C2D2......................... 985,404 886,904
.................................. TR-3/B4 cost growth........... [-98,500]
161 0605018F AF INTEGRATED PERSONNEL AND PAY 22,010 22,010
SYSTEM (AF-IPPS).
162 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 51,492 51,492
AGENCY.
163 0605117F FOREIGN MATERIEL ACQUISITION AND 71,391 71,391
EXPLOITATION.
164 0605278F HC/MC-130 RECAP RDT&E............. 46,796 46,796
165 0606018F NC3 INTEGRATION................... 26,532 26,532
167 0101113F B-52 SQUADRONS.................... 715,811 525,811
.................................. CERP contract delay early to [-147,000]
need.
.................................. Program decrease.............. [-43,000]
168 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 453 453
169 0101126F B-1B SQUADRONS.................... 29,127 29,127
170 0101127F B-2 SQUADRONS..................... 144,047 144,047
171 0101213F MINUTEMAN SQUADRONS............... 113,622 113,622
172 0101316F WORLDWIDE JOINT STRATEGIC 15,202 15,202
COMMUNICATIONS.
174 0101328F ICBM REENTRY VEHICLES............. 96,313 96,313
176 0102110F UH-1N REPLACEMENT PROGRAM......... 16,132 16,132
177 0102326F REGION/SECTOR OPERATION CONTROL 771 771
CENTER MODERNIZATION PROGRAM.
178 0102412F NORTH WARNING SYSTEM (NWS)........ 99 25,199
.................................. NORTHCOM/NORAD--Over the [25,100]
Horizon Radar.
179 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 42,300 42,300
180 0202834F VEHICLES AND SUPPORT EQUIPMENT-- 5,889 5,889
GENERAL.
181 0205219F MQ-9 UAV.......................... 85,135 84,121
.................................. Early to need--program [-1,014]
protection technology
insertion.
182 0205671F JOINT COUNTER RCIED ELECTRONIC 3,111 3,111
WARFARE.
183 0207040F MULTI-PLATFORM ELECTRONIC WARFARE 36,607 36,607
EQUIPMENT.
184 0207131F A-10 SQUADRONS.................... 39,224 39,224
185 0207133F F-16 SQUADRONS.................... 224,573 224,573
186 0207134F F-15E SQUADRONS................... 239,616 239,616
187 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 15,855 15,855
188 0207138F F-22A SQUADRONS................... 647,296 647,296
189 0207142F F-35 SQUADRONS.................... 69,365 64,475
.................................. TR-3/B4 delay................. [-4,890]
190 0207146F F-15EX............................ 118,126 118,126
191 0207161F TACTICAL AIM MISSILES............. 32,974 32,974
192 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 51,288 51,288
MISSILE (AMRAAM).
193 0207227F COMBAT RESCUE--PARARESCUE......... 852 852
194 0207247F AF TENCAP......................... 23,685 23,685
195 0207249F PRECISION ATTACK SYSTEMS 12,083 12,083
PROCUREMENT.
196 0207253F COMPASS CALL...................... 91,266 91,266
197 0207268F AIRCRAFT ENGINE COMPONENT 103,715 103,715
IMPROVEMENT PROGRAM.
198 0207325F JOINT AIR-TO-SURFACE STANDOFF 117,325 117,325
MISSILE (JASSM).
199 0207327F SMALL DIAMETER BOMB (SDB)......... 27,109 27,109
200 0207410F AIR & SPACE OPERATIONS CENTER 3 3
(AOC).
201 0207412F CONTROL AND REPORTING CENTER (CRC) 9,875 9,875
202 0207417F AIRBORNE WARNING AND CONTROL 171,014 171,014
SYSTEM (AWACS).
203 0207418F AFSPECWAR--TACP................... 4,598 4,598
205 0207431F COMBAT AIR INTELLIGENCE SYSTEM 21,863 21,863
ACTIVITIES.
206 0207438F THEATER BATTLE MANAGEMENT (TBM) 7,905 7,905
C4I.
207 0207439F ELECTRONIC WARFARE INTEGRATED 15,000 15,000
REPROGRAMMING (EWIR).
208 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 13,081 13,081
209 0207452F DCAPES............................ 4,305 4,305
210 0207521F AIR FORCE CALIBRATION PROGRAMS.... 1,984 1,984
211 0207522F AIRBASE AIR DEFENSE SYSTEMS 7,392 7,392
(ABADS).
212 0207573F NATIONAL TECHNICAL NUCLEAR 1,971 1,971
FORENSICS.
213 0207590F SEEK EAGLE........................ 30,539 30,539
214 0207601F USAF MODELING AND SIMULATION...... 17,110 17,110
215 0207605F WARGAMING AND SIMULATION CENTERS.. 7,535 7,535
216 0207610F BATTLEFIELD ABN COMM NODE (BACN).. 32,008 32,008
217 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,007 4,007
218 0208006F MISSION PLANNING SYSTEMS.......... 92,557 92,557
219 0208007F TACTICAL DECEPTION................ 489 489
220 0208064F OPERATIONAL HQ--CYBER............. 2,115 2,115
[[Page H4756]]
221 0208087F DISTRIBUTED CYBER WARFARE 72,487 72,487
OPERATIONS.
222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 18,449 18,449
223 0208097F JOINT CYBER COMMAND AND CONTROL 79,079 79,079
(JCC2).
224 0208099F UNIFIED PLATFORM (UP)............. 101,893 101,893
228 0208288F INTEL DATA APPLICATIONS........... 493 493
229 0301025F GEOBASE........................... 2,782 2,782
231 0301113F CYBER SECURITY INTELLIGENCE 5,224 5,224
SUPPORT.
238 0301401F AIR FORCE SPACE AND CYBER NON- 2,463 2,463
TRADITIONAL ISR FOR BATTLESPACE
AWARENESS.
239 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 26,331 26,331
CENTER (NAOC).
240 0303131F MINIMUM ESSENTIAL EMERGENCY 20,700 20,700
COMMUNICATIONS NETWORK (MEECN).
242 0303140F INFORMATION SYSTEMS SECURITY 8,032 8,032
PROGRAM.
243 0303142F GLOBAL FORCE MANAGEMENT--DATA 452 452
INITIATIVE.
244 0303248F ALL DOMAIN COMMON PLATFORM........ 64,000 64,000
246 0304260F AIRBORNE SIGINT ENTERPRISE........ 97,546 93,546
.................................. Excess carryover--Special [-4,000]
projects.
247 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 3,770 8,770
.................................. CPF--Mobilizing Civilian [5,000]
Expertise for National
Security Education on Geo-
Economics, and Innovation in
the Era of Great Power
Competition.
251 0305020F CCMD INTELLIGENCE INFORMATION 1,663 1,663
TECHNOLOGY.
252 0305022F ISR MODERNIZATION & AUTOMATION 18,888 15,888
DVMT (IMAD).
.................................. Excess to need................ [-3,000]
253 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,672 4,672
(GATM).
254 0305103F CYBER SECURITY INITIATIVE......... 290 290
255 0305111F WEATHER SERVICE................... 26,228 36,228
.................................. Commercial Weather Data Pilot. [10,000]
256 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 8,749 8,749
LANDING SYSTEM (ATCALS).
257 0305116F AERIAL TARGETS.................... 1,528 1,528
260 0305128F SECURITY AND INVESTIGATIVE 223 223
ACTIVITIES.
262 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 8,733 8,733
ACTIVITIES.
264 0305179F INTEGRATED BROADCAST SERVICE (IBS) 21,335 21,335
265 0305202F DRAGON U-2........................ 17,146 36,146
.................................. ASARS processor and antenna [19,000]
development--AF UPL.
267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 71,791 167,091
.................................. ASARS processor and antenna [67,000]
development--AF UPL.
.................................. Program increase--Sensor Open [10,000]
Systems Architecture (SOSA)
High Altitude Project.
.................................. Wide Area Motion Imagery [18,300]
sensor improvements.
268 0305207F MANNED RECONNAISSANCE SYSTEMS..... 14,799 14,799
269 0305208F DISTRIBUTED COMMON GROUND/SURFACE 24,568 24,568
SYSTEMS.
270 0305220F RQ-4 UAV.......................... 83,124 83,124
271 0305221F NETWORK-CENTRIC COLLABORATIVE 17,224 17,224
TARGETING.
272 0305238F NATO AGS.......................... 19,473 19,473
273 0305240F SUPPORT TO DCGS ENTERPRISE........ 40,421 40,421
274 0305600F INTERNATIONAL INTELLIGENCE 14,473 14,473
TECHNOLOGY AND ARCHITECTURES.
275 0305881F RAPID CYBER ACQUISITION........... 4,326 4,326
276 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,567 2,567
(PRC2).
277 0307577F INTELLIGENCE MISSION DATA (IMD)... 6,169 6,169
278 0401115F C-130 AIRLIFT SQUADRON............ 9,752 9,752
279 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 17,507 17,507
280 0401130F C-17 AIRCRAFT (IF)................ 16,360 16,360
281 0401132F C-130J PROGRAM.................... 14,112 14,112
282 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 5,540 5,540
(LAIRCM).
283 0401218F KC-135S........................... 3,564 3,564
285 0401318F CV-22............................. 17,189 17,189
286 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 6,640 6,640
288 0708055F MAINTENANCE, REPAIR & OVERHAUL 26,921 26,921
SYSTEM.
289 0708610F LOGISTICS INFORMATION TECHNOLOGY 7,071 7,071
(LOGIT).
291 0804743F OTHER FLIGHT TRAINING............. 1,999 1,999
293 0901202F JOINT PERSONNEL RECOVERY AGENCY... 1,841 1,841
294 0901218F CIVILIAN COMPENSATION PROGRAM..... 3,560 3,560
295 0901220F PERSONNEL ADMINISTRATION.......... 3,368 3,368
296 0901226F AIR FORCE STUDIES AND ANALYSIS 1,248 1,248
AGENCY.
297 0901538F FINANCIAL MANAGEMENT INFORMATION 4,852 4,852
SYSTEMS DEVELOPMENT.
301 1202140F SERVICE SUPPORT TO SPACECOM 6,737 6,737
ACTIVITIES.
316A 9999999999 CLASSIFIED PROGRAMS............... 15,868,973 15,708,973
.................................. Program decrease.............. [-160,000]
.................................. SUBTOTAL OPERATIONAL SYSTEMS 21,705,541 21,398,537
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
317 0608158F STRATEGIC MISSION PLANNING AND 96,100 96,100
EXECUTION SYSTEM--SOFTWARE PILOT
PROGRAM.
318 0608410F AIR & SPACE OPERATIONS CENTER 186,915 166,915
(AOC)--SOFTWARE PILOT PROGRAM.
.................................. Program decrease.............. [-20,000]
319 0608920F DEFENSE ENTERPRISE ACCOUNTING AND 135,263 135,263
MANAGEMENT SYSTEM (DEAMS)--
SOFTWARE PILOT PRO.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 418,278 398,278
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 39,184,328 39,423,924
TEST & EVAL, AF.
..................................
.................................. RDTE, SPACE FORCE
.................................. APPLIED RESEARCH
001 1206601SF SPACE TECHNOLOGY.................. 175,796 240,796
.................................. Hybrid Space Architecture..... [20,000]
.................................. Space Power and Collection [35,000]
Technology.
[[Page H4757]]
.................................. University Consortium Space [10,000]
Technology Development.
.................................. SUBTOTAL APPLIED RESEARCH...... 175,796 240,796
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
002 1206616SF SPACE ADVANCED TECHNOLOGY 76,653 137,653
DEVELOPMENT/DEMO.
.................................. Accelerate Cislunar Flight [61,000]
Experiment UPL.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 76,653 137,653
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
003 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 434,194 434,194
(USER EQUIPMENT) (SPACE).
004 1203710SF EO/IR WEATHER SYSTEMS............. 162,274 162,274
005 1203905SF SPACE SYSTEM SUPPORT.............. 37,000 0
.................................. Surface Warfare Analysis [-37,000]
Center, insufficient
justification - partial
transfer to SSDP.
006 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 61,521 71,521
.................................. Program Increase.............. [10,000]
007 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 123,262 123,262
008 1206427SF SPACE SYSTEMS PROTOTYPE 101,851 129,851
TRANSITIONS (SSPT).
.................................. Expand Blackjack Radio [28,000]
Frequency Payloads UPL.
009 1206438SF SPACE CONTROL TECHNOLOGY.......... 32,931 32,931
010 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 56,546 81,546
.................................. Program increase.............. [15,000]
.................................. Transfer from Surface Warfare [10,000]
Analysis Center.
011 1206760SF PROTECTED TACTICAL ENTERPRISE 100,320 100,320
SERVICE (PTES).
012 1206761SF PROTECTED TACTICAL SERVICE (PTS).. 243,285 243,285
013 1206855SF EVOLVED STRATEGIC SATCOM (ESS).... 160,056 160,056
014 1206857SF SPACE RAPID CAPABILITIES OFFICE... 66,193 69,093
.................................. High Power Density Structural [2,900]
Heat Spreaders.
.................................. SUBTOTAL ADVANCED COMPONENT 1,579,433 1,608,333
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
015 1203269SF GPS III FOLLOW-ON (GPS IIIF)...... 264,265 264,265
016 1203940SF SPACE SITUATION AWARENESS 56,279 56,279
OPERATIONS.
017 1206421SF COUNTERSPACE SYSTEMS.............. 38,063 38,063
018 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 1,438 1,438
019 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 127,026 136,026
.................................. Space domain rapid innovation [9,000]
pathfinders UPL.
020 1206431SF ADVANCED EHF MILSATCOM (SPACE).... 28,218 28,218
021 1206432SF POLAR MILSATCOM (SPACE)........... 127,870 127,870
022 1206442SF NEXT GENERATION OPIR.............. 2,451,256 2,451,256
023 1206445SF COMMERCIAL SATCOM (COMSATCOM) 23,400 23,400
INTEGRATION.
024 1206853SF NATIONAL SECURITY SPACE LAUNCH 221,510 280,710
PROGRAM (SPACE)--EMD.
.................................. Liquid Oxygen Explosive Tests [9,200]
UPL.
.................................. Maintain competition for Ph3 - [50,000]
DoD unique requirements.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,339,325 3,407,525
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
025 1206116SF SPACE TEST AND TRAINING RANGE 19,319 19,319
DEVELOPMENT.
026 1206392SF ACQ WORKFORCE--SPACE & MISSILE 214,051 214,051
SYSTEMS.
027 1206398SF SPACE & MISSILE SYSTEMS CENTER-- 12,119 12,119
MHA.
028 1206759SF MAJOR T&E INVESTMENT--SPACE....... 71,503 81,503
.................................. Increase SCN Antenna Resources [10,000]
029 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM 17,769 21,769
(SPACE).
.................................. CPF--Small Rocket Program..... [4,000]
030 1206862SF TACTICALLY RESPONSIVE LAUNCH...... 50,000
.................................. Continue FY 2021 efforts...... [50,000]
031 1206864SF SPACE TEST PROGRAM (STP).......... 20,881 20,881
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 355,642 419,642
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
033 1201017SF GLOBAL SENSOR INTEGRATED ON 4,731 4,731
NETWORK (GSIN).
034 1203001SF FAMILY OF ADVANCED BLOS TERMINALS 156,788 156,788
(FAB-T).
035 1203040SF DCO-SPACE......................... 2,150 2,150
036 1203109SF NARROWBAND SATELLITE 112,012 112,012
COMMUNICATIONS.
037 1203110SF SATELLITE CONTROL NETWORK (SPACE). 36,810 36,810
038 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM 1,966 1,966
(SPACE AND CONTROL SEGMENTS).
039 1203173SF SPACE AND MISSILE TEST AND 1,699 5,699
EVALUATION CENTER.
.................................. Improve operations of payload [4,000]
adapter UPL.
040 1203174SF SPACE INNOVATION, INTEGRATION AND 18,054 33,354
RAPID TECHNOLOGY DEVELOPMENT.
.................................. NSTTR Digital Core Services [15,300]
UPL.
041 1203182SF SPACELIFT RANGE SYSTEM (SPACE).... 11,115 33,115
.................................. High-Fidelity Open-Air Scene [10,000]
Target Generator.
.................................. CPF--Tactically Responsive [7,000]
Launch/Deployable Spaceport.
.................................. Program Increase.............. [5,000]
042 1203265SF GPS III SPACE SEGMENT............. 7,207 7,207
043 1203330SF SPACE SUPERIORITY ISR............. 18,109 18,109
044 1203620SF NATIONAL SPACE DEFENSE CENTER..... 1,280 1,280
045 1203873SF BALLISTIC MISSILE DEFENSE RADARS.. 12,292 12,292
046 1203906SF NCMC--TW/AA SYSTEM................ 9,858 9,858
047 1203913SF NUDET DETECTION SYSTEM (SPACE).... 45,887 45,887
048 1203940SF SPACE SITUATION AWARENESS 64,763 64,763
OPERATIONS.
049 1206423SF GLOBAL POSITIONING SYSTEM III-- 413,766 413,766
OPERATIONAL CONTROL SEGMENT.
053 1206770SF ENTERPRISE GROUND SERVICES........ 191,713 191,713
[[Page H4758]]
053A 9999999999 CLASSIFIED PROGRAMS............... 4,474,809 4,474,809
.................................. SUBTOTAL OPERATIONAL SYSTEM 5,585,009 5,626,309
DEVELOPMENT.
..................................
.................................. SOFTWARE & DIGITAL TECHNOLOGY
PILOT PROGRAMS
054 1203614SF JSPOC MISSION SYSTEM.............. 154,529 154,529
.................................. SUBTOTAL SOFTWARE & DIGITAL 154,529 154,529
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RDTE, SPACE FORCE...... 11,266,387 11,594,787
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............... 11,828 12,705
.................................. Program increase.............. [877]
002 0601101E DEFENSE RESEARCH SCIENCES......... 395,781 454,281
.................................. Adversary Influence Operations [10,000]
(IO) - Detection, Modeling,
Mitigation..
.................................. Artificial Intelligence (AI) - [10,000]
Trustworthy, Human Integrated,
Robust.
.................................. Biotechnology for Challenging [7,000]
Environments.
.................................. CPF--Novel Analytical and [1,500]
Empirical Approaches to the
Prediction and Monitoring of
Disease Transmission.
.................................. ERI 2.0....................... [20,000]
.................................. High Assurance Software [10,000]
Systems - Resilient,
Adaptable, Trustworthy.
003 0601108D8Z HIGH ENERGY LASER RESEARCH 15,390 15,390
INITIATIVES.
004 0601110D8Z BASIC RESEARCH INITIATIVES........ 39,828 114,361
.................................. Consortium to Study Irregular [8,000]
Warfare.
.................................. CPF--Florida Memorial [400]
University Department of
Natural Sciences STEM
Equipment.
.................................. CPF--SOUTHCOM Enhanced Domain [1,300]
Awareness (EDA) Initiative.
.................................. Interagency AI Standards...... [3,300]
.................................. Minerva research initiative [13,000]
restoration.
.................................. MURI R&D Partnerships with [20,000]
allies--program enhancement.
.................................. Program increase.............. [4,533]
.................................. Providing Research and End- [24,000]
user Products to Accelerate
Readiness and Environmental
Security (PREPARES).
005 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 76,018 81,018
SCIENCE.
.................................. Assessing Immune Memory....... [5,000]
006 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 112,195 132,195
.................................. Civics education.............. [2,000]
.................................. CPF--Florida Memorial Avionics [1,000]
Smart Scholars.
.................................. SMART scholarships for AI [13,000]
related education.
.................................. SMART scholarships program [4,000]
increase.
007 0601228D8Z HISTORICALLY BLACK COLLEGES AND 31,136 73,247
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. CPF--Augmenting Quantum [1,111]
Sensing Research, Education
and Training in DoD CoE at DSU.
.................................. CPF--HBCU Training for the [1,000]
Future of Aerospace.
.................................. Diversity in SMART [20,000]
Scholarships.
.................................. Program increase.............. [20,000]
008 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 34,708 39,708
PROGRAM.
.................................. Chemically Resistant, High- [5,000]
Performance Military Cordage,
Rope, and Webbing.
.................................. SUBTOTAL BASIC RESEARCH........ 716,884 922,905
..................................
.................................. APPLIED RESEARCH
009 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,591 19,591
010 0602115E BIOMEDICAL TECHNOLOGY............. 108,698 118,698
.................................. Bridging the Gap After Spinal [5,000]
Cord Injury.
.................................. Non-Invasive Neurotechnology [5,000]
Rehabilitation Take Home
Trials.
012 0602230D8Z DEFENSE TECHNOLOGY INNOVATION..... 22,918 32,918
.................................. Artificial Intelligence (AI) - [10,000]
Trustworthy, Human Integrated,
Robust.
013 0602234D8Z LINCOLN LABORATORY RESEARCH 55,692 55,692
PROGRAM.
014 0602251D8Z APPLIED RESEARCH FOR THE 65,015 265,015
ADVANCEMENT OF S&T PRIORITIES.
.................................. AI Research and Development... [200,000]
015 0602303E INFORMATION & COMMUNICATIONS 430,363 755,363
TECHNOLOGY.
.................................. High Assurance Software [15,000]
Systems - Resilient,
Adaptable, Trustworthy.
.................................. Program increase--artificial [250,000]
intelligence.
.................................. Underexplored Approaches to [60,000]
Utility-Scale Quantum
Computing.
016 0602383E BIOLOGICAL WARFARE DEFENSE........ 31,421 31,421
017 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 206,956 213,456
PROGRAM.
.................................. Biodetection System for Joint [6,500]
Force Infrastructure
Protection.
018 0602668D8Z CYBER SECURITY RESEARCH........... 15,380 35,380
.................................. AI-enabled cyber defense [10,000]
acceleration study.
.................................. Program increase.............. [10,000]
019 0602702E TACTICAL TECHNOLOGY............... 202,515 249,515
.................................. Adapting Cross-domain Kill- [2,000]
Webs (ACK).
.................................. Adversary Influence Operations [15,000]
(IO) - Detection, Modeling,
Mitigation..
.................................. MADFIRES...................... [30,000]
020 0602715E MATERIALS AND BIOLOGICAL 317,024 398,624
TECHNOLOGY.
.................................. Adaptive Immunomodulation- [4,600]
Based Therapeutics (ElectRx).
.................................. Agile Chemical Manufacturing [20,000]
Technologies (ACMT).
.................................. Bioengineered Electronics and [6,000]
Electromagnetic Devices (Bio-
INC).
.................................. Bioremediation of Battlefields [7,000]
.................................. Maritime Materials [5,000]
Technologies (M2T).
.................................. Materiel Protection through [5,000]
Biologics.
.................................. Neuroprotection from Brain [9,000]
Injury.
.................................. Regenerative Engineering for [5,000]
Complex Tissue Regeneration &
Limb Reconstruction.
.................................. Scalable and Affordable [20,000]
Mapping of U.S. Critical
Mineral Resources.
[[Page H4759]]
021 0602716E ELECTRONICS TECHNOLOGY............ 357,384 393,384
.................................. ERI 2.0....................... [36,000]
022 0602718BR COUNTER WEAPONS OF MASS 197,011 197,011
DESTRUCTION APPLIED RESEARCH.
023 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 9,601 9,601
(SEI) APPLIED RESEARCH.
024 0602890D8Z HIGH ENERGY LASER RESEARCH........ 45,997 115,997
.................................. Directed Energy Innovation-- [50,000]
Improved beam control.
.................................. Joint Directed Energy [20,000]
Transition Office.
025 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 44,829 54,829
.................................. Brain Health Research and [5,000]
Treatment, Cognitive
Performance.
.................................. POTFF--Brain Health Research.. [5,000]
.................................. SUBTOTAL APPLIED RESEARCH...... 2,130,395 2,946,495
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
026 0603000D8Z JOINT MUNITIONS ADVANCED 23,213 23,213
TECHNOLOGY.
027 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 4,665 4,665
028 0603122D8Z COMBATING TERRORISM TECHNOLOGY 69,376 69,376
SUPPORT.
029 0603133D8Z FOREIGN COMPARATIVE TESTING....... 25,432 25,432
031 0603160BR COUNTER WEAPONS OF MASS 399,362 404,362
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
.................................. Reduced order models.......... [5,000]
032 0603176C ADVANCED CONCEPTS AND PERFORMANCE 15,800 29,700
ASSESSMENT.
.................................. BATMAA BMDS Advanced Technoloy [8,700]
.................................. Improvements to MDS [5,200]
Cybersecurity UPL.
033 0603180C ADVANCED RESEARCH................. 21,466 21,466
034 0603183D8Z JOINT HYPERSONIC TECHNOLOGY 51,340 51,340
DEVELOPMENT &TRANSITION.
035 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 19,063 19,063
DEVELOPMENT.
036 0603286E ADVANCED AEROSPACE SYSTEMS........ 174,043 273,043
.................................. Glide Breaker................. [20,000]
.................................. HAWC.......................... [27,000]
.................................. Hypersonic Air-Breathing [10,000]
Weapon Concept (HAWC).
.................................. OpFires....................... [27,000]
.................................. Tactical Boost Glide (TBG).... [15,000]
037 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 101,524 186,524
.................................. Blackjack critical risk [25,000]
reduction.
.................................. Blackjack schedule assurance.. [30,000]
.................................. Robotic Servicing of [30,000]
Geosynchronous Satellites
(RSGS).
038 0603288D8Z ANALYTIC ASSESSMENTS.............. 24,012 34,012
.................................. Analytic Assessments.......... [10,000]
039 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 51,513 56,513
CONCEPTS.
.................................. Innovative operational [5,000]
concepts.
042 0603338D8Z DEFENSE MODERNIZATION AND 115,443 138,443
PROTOTYPING.
.................................. Defense Critical Supply Chain [3,000]
Documentation and Monitoring.
.................................. WLIF AI-enabled applications.. [20,000]
043 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 31,873 31,873
044 0603375D8Z TECHNOLOGY INNOVATION............. 54,433 54,433
045 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 197,824 197,824
PROGRAM--ADVANCED DEVELOPMENT.
046 0603527D8Z RETRACT LARCH..................... 99,175 99,175
047 0603618D8Z JOINT ELECTRONIC ADVANCED 18,221 38,221
TECHNOLOGY.
.................................. Accelerating Joint Electronic [20,000]
Advanced Technologies.
048 0603648D8Z JOINT CAPABILITY TECHNOLOGY 102,669 102,669
DEMONSTRATIONS.
049 0603662D8Z NETWORKED COMMUNICATIONS 2,984 9,984
CAPABILITIES.
.................................. Cross-domain EMS [7,000]
communications capability.
050 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 134,022 476,322
AND TECHNOLOGY PROGRAM.
.................................. Additive manufacturing [5,000]
training.
.................................. Biotechnology innovation-- [200,000]
Enabling Modular and Scalable
Bioindustrial & Reusable
Assets.
.................................. CPF--Cold Spray and Rapid [1,300]
Deposition Lab.
.................................. HPC-enabled advanced [15,000]
manufacturing.
.................................. Hypersonics material [100,000]
innovation--Silicon carbide
matrix materials.
.................................. Non-destructive evaluation of [3,000]
carbon-carbon composites.
.................................. Program increase.............. [15,000]
.................................. Virtual reality-enabled smart [3,000]
installation experimentation.
051 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 37,543 68,543
.................................. Demonstration of automotive [6,000]
aftermarket capabilities.
.................................. Modeling and Simulation [10,000]
Innovation Competition.
.................................. Program increase.............. [5,000]
.................................. Steel Performance Initiative.. [10,000]
052 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY 202,400
DEVELOPMENT.
.................................. AI Fund....................... [200,000]
.................................. NORTHCOM/NORAD--Polar Over the [2,400]
Horizon Radar (POTHR).
053 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 12,418 12,418
DEMONSTRATIONS.
054 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 51,863 81,863
PROGRAM.
.................................. AFFF replacement.............. [15,000]
.................................. PFAS environmental remediation [15,000]
and disposal.
055 0603720S MICROELECTRONICS TECHNOLOGY 160,821 160,821
DEVELOPMENT AND SUPPORT.
056 0603727D8Z JOINT WARFIGHTING PROGRAM......... 2,169 2,169
057 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 116,716 140,716
.................................. ERI 2.0....................... [24,000]
058 0603760E COMMAND, CONTROL AND 251,794 345,394
COMMUNICATIONS SYSTEMS.
.................................. Classified increase........... [21,000]
.................................. Deep water active sonar....... [15,000]
.................................. Network UP.................... [5,000]
.................................. Program increase--artificial [50,000]
intelligence.
.................................. SHARE alignment with OTNK [1,100]
research.
[[Page H4760]]
.................................. SHARE ICN performance [1,500]
enhancements for operational
use.
059 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 584,771 679,246
.................................. Air Combat Evolution (ACE).... [8,200]
.................................. Assault Breaker II............ [50,000]
.................................. Classified increase........... [20,400]
.................................. Ocean of Things (OoT)......... [875]
.................................. Ocean of Things phase 3 [10,000]
demonstration.
.................................. Timely Information for [5,000]
Maritime Engagements (TIMEly).
060 0603767E SENSOR TECHNOLOGY................. 294,792 367,392
.................................. Classified increase........... [27,800]
.................................. SECTRE Munitions Digital Twin [4,400]
for in Theater/Flight Target
Additions and Performance
Improvements.
.................................. Systems of Systems-Enhanced [4,400]
Small Units (SESU).
.................................. Thermal Imaging Technology [36,000]
Experiment-Recon (TITE-R).
061 0603769D8Z DISTRIBUTED LEARNING ADVANCED 6,398 9,198
TECHNOLOGY DEVELOPMENT.
.................................. Systems of Systems-Enhanced [2,800]
Small Units (SESU).
062 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 14,677 14,977
.................................. CODE enhancements for SESU.... [300]
065 0603924D8Z HIGH ENERGY LASER ADVANCED 107,397 129,397
TECHNOLOGY PROGRAM.
.................................. Short pulse laser research.... [10,000]
.................................. Thermal management scaling.... [12,000]
066 0603941D8Z TEST & EVALUATION SCIENCE & 267,161 267,161
TECHNOLOGY.
067 0603950D8Z NATIONAL SECURITY INNOVATION 21,270 40,000
NETWORK.
.................................. Program increase.............. [18,730]
068 0604055D8Z OPERATIONAL ENERGY CAPABILITY 74,300 74,300
IMPROVEMENT.
070 0303310D8Z CWMD SYSTEMS...................... 5,000
.................................. Data storage capabilities for [5,000]
special operations forces.
071 0303367D8Z SPECTRUM ACCESS RESEARCH AND 100,000
DEVELOPMENT.
.................................. Spectrum Management Analysis.. [50,000]
.................................. Spectrum Management [20,000]
Architecture.
.................................. Spectrum Management Modules [30,000]
for Fielded Systems.
074 1160402BB SOF ADVANCED TECHNOLOGY 93,415 98,415
DEVELOPMENT.
.................................. SOF Platform Agnostic Data [5,000]
Storage Capability.
075 1206310SDA SPACE SCIENCE AND TECHNOLOGY 172,638 172,638
RESEARCH AND DEVELOPMENT.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 4,007,596 5,319,701
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
076 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 28,687 28,687
SECURITY EQUIPMENT RDT&E ADC&P.
077 0603600D8Z WALKOFF........................... 108,652 108,652
078 0603821D8Z ACQUISITION ENTERPRISE DATA & 130,000
INFORMATION SERVICES.
.................................. CDO for ADA................... [5,000]
.................................. CDO: Enterprise data sets..... [125,000]
079 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 71,429 96,429
CERTIFICATION PROGRAM.
.................................. AFFF innovation prize......... [5,000]
.................................. AFFF replacement.............. [5,000]
.................................. Environmental remediation and [10,000]
disposal.
.................................. Military Energy Resilience [5,000]
Catalyst.
080 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 277,949 277,949
DEFENSE SEGMENT.
.................................. Program increase.............. [64,567]
.................................. Unjustified request, lacking [-64,567]
acquisition strategy--LHD.
081 0603882C BALLISTIC MISSILE DEFENSE 745,144 795,144
MIDCOURSE DEFENSE SEGMENT.
.................................. Ensure BMD Interceptors do not [50,000]
fall below 40.
082 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 129,445 129,445
PROGRAM--DEM/VAL.
083 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 224,750 227,762
.................................. Improvements to MDS [3,012]
Cybersecurity UPL.
084 0603890C BMD ENABLING PROGRAMS............. 595,301 687,297
.................................. Cruise Missile Defense for HLD [27,000]
(NORTHCOM/NORAD--Elevated
Radar).
.................................. Improvements to MDS [44,830]
Cybersecurity UPL.
.................................. Pacing the Threat............. [20,166]
085 0603891C SPECIAL PROGRAMS--MDA............. 413,374 413,374
086 0603892C AEGIS BMD......................... 732,512 780,912
.................................. Navy SPY Radar Digital Upgrade [48,400]
087 0603896C BALLISTIC MISSILE DEFENSE COMMAND 603,448 609,928
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
.................................. Improvements to MDS [2,000]
Cybersecurity UPL.
.................................. JADC2 Interface............... [4,480]
088 0603898C BALLISTIC MISSILE DEFENSE JOINT 50,594 50,594
WARFIGHTER SUPPORT.
089 0603904C MISSILE DEFENSE INTEGRATION & 52,403 52,403
OPERATIONS CENTER (MDIOC).
090 0603906C REGARDING TRENCH.................. 11,952 11,952
091 0603907C SEA BASED X-BAND RADAR (SBX)...... 147,241 147,241
092 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000
093 0603914C BALLISTIC MISSILE DEFENSE TEST.... 362,906 362,906
094 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 553,334 578,334
.................................. Advanced Target Front End [5,000]
Configuration 3 Tech
Maturation.
.................................. Architecture RTS Development.. [10,000]
.................................. MDS Architecture IAC Prototype [10,000]
096 0603923D8Z COALITION WARFARE................. 5,103 5,103
097 0604011D8Z NEXT GENERATION INFORMATION 374,665 374,665
COMMUNICATIONS TECHNOLOGY (5G).
098 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,259 3,259
PROGRAM.
099 0604102C GUAM DEFENSE DEVELOPMENT.......... 78,300 272,750
.................................. Guam Defense System........... [194,450]
100 0604115C TECHNOLOGY MATURATION INITIATIVES. 34,000
[[Page H4761]]
.................................. Continue Diode Pumped Alkali [25,000]
Laser Demonstrator Development.
.................................. Short Pulse Laser Directed [9,000]
Energy Demonstration.
103 0604181C HYPERSONIC DEFENSE................ 247,931 309,931
.................................. Program increase.............. [62,000]
104 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 716,456 816,456
.................................. Mission-Based Acquisition..... [100,000]
.................................. Program decrease.............. [-8,000]
.................................. Program increase.............. [8,000]
105 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 509,195 548,995
.................................. Advanced Analog & Mixed Signal [6,800]
Microelectronics Design and
Manufacturing.
.................................. Radiation-Hardened Application [18,000]
Specific Integrated Circuits.
.................................. Trusted and Assured GaN and [15,000]
GaAs RFIC Technology.
106 0604331D8Z RAPID PROTOTYPING PROGRAM......... 103,575 182,575
.................................. ADA network resiliency/cloud.. [79,000]
107 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 11,213 26,213
PROTOTYPING.
.................................. National Security Innovation [15,000]
Capital program increase.
108 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 2,778 2,778
UNMANNED SYSTEM COMMON
DEVELOPMENT.
109 0604551BR CATAPULT.......................... 7,166 7,166
110 0604555D8Z OPERATIONAL ENERGY CAPABILITY 23,200 23,200
IMPROVEMENT--NON S&T.
111 0604672C HOMELAND DEFENSE RADAR--HAWAII 75,000
(HDR-H).
.................................. Restore program............... [75,000]
113 0604682D8Z WARGAMING AND SUPPORT FOR 3,519 3,519
STRATEGIC ANALYSIS (SSA).
114 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 17,439 17,439
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
115 0604873C LONG RANGE DISCRIMINATION RADAR 133,335 133,335
(LRDR).
116 0604874C IMPROVED HOMELAND DEFENSE 926,125 926,125
INTERCEPTORS.
117 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 32,697 32,697
DEFENSE SEGMENT TEST.
118 0604878C AEGIS BMD TEST.................... 117,055 117,055
119 0604879C BALLISTIC MISSILE DEFENSE SENSOR 77,428 77,428
TEST.
120 0604880C LAND-BASED SM-3 (LBSM3)........... 43,158 43,158
121 0604887C BALLISTIC MISSILE DEFENSE 61,424 61,424
MIDCOURSE SEGMENT TEST.
122 0202057C SAFETY PROGRAM MANAGEMENT......... 2,323 2,323
123 0300206R ENTERPRISE INFORMATION TECHNOLOGY 2,568 2,568
SYSTEMS.
125 0305103C CYBER SECURITY INITIATIVE......... 1,142 1,142
126 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND 636,179 642,179
PROTOTYPING.
.................................. Laser Communication Terminal [6,000]
Technologies.
127 1206893C SPACE TRACKING & SURVEILLANCE 15,176 15,176
SYSTEM.
128 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 292,811 292,811
SPACE PROGRAMS.
.................................. SUBTOTAL ADVANCED COMPONENT 9,854,341 10,839,479
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
129 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 5,682 5,682
SECURITY EQUIPMENT RDT&E SDD.
131 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 299,848 370,328
PROGRAM--EMD.
.................................. Joint Vaccine Acquisition [70,480]
Program.
132 0604771D8Z JOINT TACTICAL INFORMATION 9,345 9,345
DISTRIBUTION SYSTEM (JTIDS).
133 0605000BR COUNTER WEAPONS OF MASS 14,063 14,063
DESTRUCTION SYSTEMS DEVELOPMENT.
134 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 4,265 4,265
135 0605021SE HOMELAND PERSONNEL SECURITY 7,205 7,205
INITIATIVE.
136 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 5,447 5,447
137 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 16,892 34,892
.................................. ADVANA for ADA................ [18,000]
138 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT 679 679
AND DEMONSTRATION.
140 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 32,254 32,254
FINANCIAL SYSTEM.
142 0605141BR MISSION ASSURANCE RISK MANAGEMENT 5,500 5,500
SYSTEM (MARMS).
143 0605210D8Z DEFENSE-WIDE ELECTRONIC 7,148 7,148
PROCUREMENT CAPABILITIES.
144 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 113,895 113,895
146 0605772D8Z NUCLEAR COMMAND, CONTROL, & 3,991 3,991
COMMUNICATIONS.
149 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 2,227 2,227
MANAGEMENT (EEIM).
150 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 20,246 20,246
AND DEMONSTRATION.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 548,687 637,167
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
151 0603829J JOINT CAPABILITY EXPERIMENTATION.. 8,444 8,444
152 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 7,508 7,508
(DRRS).
153 0604875D8Z JOINT SYSTEMS ARCHITECTURE 7,859 7,859
DEVELOPMENT.
154 0604940D8Z CENTRAL TEST AND EVALUATION 550,140 551,040
INVESTMENT DEVELOPMENT (CTEIP).
.................................. Support Funding for Cyber [900]
Resiliency.
155 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 17,980 17,980
156 0605001E MISSION SUPPORT................... 73,145 73,145
157 0605100D8Z JOINT MISSION ENVIRONMENT TEST 71,410 71,410
CAPABILITY (JMETC).
159 0605126J JOINT INTEGRATED AIR AND MISSILE 52,671 52,671
DEFENSE ORGANIZATION (JIAMDO).
161 0605142D8Z SYSTEMS ENGINEERING............... 40,030 40,030
162 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 4,612 4,612
163 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 14,429 14,429
164 0605170D8Z SUPPORT TO NETWORKS AND 4,759 4,759
INFORMATION INTEGRATION.
165 0605200D8Z GENERAL SUPPORT TO USD 1,952 1,952
(INTELLIGENCE).
166 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 110,503 110,503
PROGRAM.
172 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,639 8,639
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
.................................. Transition education for [5,000]
DEPSCoR and underserved
communities.
173 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 25,889 63,889
.................................. Regional Secure Computing [38,000]
Enclave Pilot.
[[Page H4762]]
174 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 39,774 257,774
.................................. ISR & information operations.. [10,000]
.................................. PNT Modernization--Signals of [140,000]
Opportunity.
.................................. Spectrum Innovation--Low SWaP- [68,000]
C directional sources.
175 0605801KA DEFENSE TECHNICAL INFORMATION 61,453 61,453
CENTER (DTIC).
176 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 18,762 18,762
TESTING AND EVALUATION.
177 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 27,366 27,366
178 0605898E MANAGEMENT HQ--R&D................ 12,740 12,740
179 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,549 3,549
INFORMATION CENTER (DTIC).
180 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 15,438 15,438
181 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 2,897 2,897
ANALYSIS.
182 0606589D8W DEFENSE DIGITAL SERVICE (DDS) 918 918
DEVELOPMENT SUPPORT.
183 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY 31,638 31,638
POLICY.
184 0203345D8Z DEFENSE OPERATIONS SECURITY 2,925 2,925
INITIATIVE (DOSI).
185 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 977 977
186 0208045K C4I INTEROPERABILITY.............. 55,361 60,361
.................................. Joint Warfighting Network [5,000]
Architecture.
189 0303140SE INFORMATION SYSTEMS SECURITY 853 853
PROGRAM.
191 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM 969 969
OFFICE (DMDPO).
192 0305172K COMBINED ADVANCED APPLICATIONS.... 15,696 15,696
194 0305208K DISTRIBUTED COMMON GROUND/SURFACE 3,073 3,073
SYSTEMS.
197 0804768J COCOM EXERCISE ENGAGEMENT AND 29,530 67,530
TRAINING TRANSFORMATION (CE2T2)--
NON-MHA.
.................................. AFRICOM--Joint Exercise [18,000]
Program.
.................................. CENTCOM--CE2T2 EAGER LION [20,000]
Exercises.
198 0808709SE DEFENSE EQUAL OPPORTUNITY 689 689
MANAGEMENT INSTITUTE (DEOMI).
199 0901598C MANAGEMENT HQ--MDA................ 24,102 24,102
200 0903235K JOINT SERVICE PROVIDER (JSP)...... 2,645 2,645
201A 9999999999 CLASSIFIED PROGRAMS............... 37,520 37,520
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,383,845 1,688,745
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
202 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 5,355 5,355
203 0604532K JOINT ARTIFICIAL INTELLIGENCE..... 10,033 267,833
.................................. AI-enabled logistics and [100,000]
sustainment.
.................................. Commercial AI for Business [100,000]
Applications.
.................................. JAIC for ADA.................. [57,800]
206 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 58,189 162,189
SUSTAINMENT SUPPORT.
.................................. 3D Heterogeneous Integration [16,600]
and Advanced Packaging for
Microelectronics.
.................................. Accelerated Training in [15,400]
Defense Manufacturing (ATDM)
Pilot.
.................................. Advanced Shipbuilding [10,000]
Workforce Development.
.................................. Carbon/carbon industrial base [15,000]
enhancement.
.................................. Directed Energy Supply Chain [2,000]
Assurance.
.................................. Machine and Advanced [20,000]
Manufacturing--IACMI.
.................................. Program increase.............. [20,000]
.................................. Radar Resiliency.............. [5,000]
207 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS 18,721 18,721
DEVELOPMENT.
208 0607327T GLOBAL THEATER SECURITY 7,398 7,398
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
209 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 58,261 58,261
(OPERATIONAL SYSTEMS DEVELOPMENT).
215 0302019K DEFENSE INFO INFRASTRUCTURE 16,233 16,233
ENGINEERING AND INTEGRATION.
216 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 10,275 10,275
217 0303131K MINIMUM ESSENTIAL EMERGENCY 4,892 4,892
COMMUNICATIONS NETWORK (MEECN).
218 0303136G KEY MANAGEMENT INFRASTRUCTURE 83,751 83,751
(KMI).
219 0303140D8Z INFORMATION SYSTEMS SECURITY 49,191 49,191
PROGRAM.
220 0303140G INFORMATION SYSTEMS SECURITY 423,745 600,845
PROGRAM.
.................................. Hardening DOD Networks........ [12,100]
.................................. ISSP for GENCYBER............. [15,000]
.................................. JFHQ DODIN Staffing and Tools. [150,000]
221 0303140K INFORMATION SYSTEMS SECURITY 5,707 5,707
PROGRAM.
222 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 4,150 4,150
223 0303153K DEFENSE SPECTRUM ORGANIZATION..... 19,302 19,302
224 0303228K JOINT REGIONAL SECURITY STACKS 9,342 9,342
(JRSS).
226 0303430V FEDERAL INVESTIGATIVE SERVICES 15,326 15,326
INFORMATION TECHNOLOGY.
232 0305128V SECURITY AND INVESTIGATIVE 8,800 8,800
ACTIVITIES.
235 0305146V DEFENSE JOINT COUNTERINTELLIGENCE 3,820 3,820
ACTIVITIES.
237 0305186D8Z POLICY R&D PROGRAMS............... 4,843 4,843
238 0305199D8Z NET CENTRICITY.................... 13,471 13,471
240 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 5,994 5,994
SYSTEMS.
247 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 1,273 1,273
TRANSFER PROGRAM.
255 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,690 1,690
256 0708012S PACIFIC DISASTER CENTERS.......... 1,799 1,799
257 0708047S DEFENSE PROPERTY ACCOUNTABILITY 6,390 6,390
SYSTEM.
259 1105219BB MQ-9 UAV.......................... 19,065 19,065
261 1160403BB AVIATION SYSTEMS.................. 173,537 173,537
262 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 32,766 32,766
263 1160408BB OPERATIONAL ENHANCEMENTS.......... 145,830 213,830
.................................. AI in Small Unit Maneuver [50,000]
(AISUM).
.................................. High-energy laser technologies [5,000]
.................................. Mobile Compact High Energy [13,000]
Laser (MCHEL).
264 1160431BB WARRIOR SYSTEMS................... 78,592 82,803
.................................. SOCOM--Maritime Scalable [4,211]
Effects Acceleration.
265 1160432BB SPECIAL PROGRAMS.................. 6,486 6,486
[[Page H4763]]
266 1160434BB UNMANNED ISR...................... 18,006 18,006
267 1160480BB SOF TACTICAL VEHICLES............. 7,703 7,703
268 1160483BB MARITIME SYSTEMS.................. 58,430 58,430
270 1160490BB OPERATIONAL ENHANCEMENTS 10,990 10,990
INTELLIGENCE.
271A 9999999999 CLASSIFIED PROGRAMS............... 5,208,029 5,208,029
.................................. SUBTOTAL OPERATIONAL SYSTEMS 6,607,385 7,218,496
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
272 0604532K JOINT ARTIFICIAL INTELLIGENCE..... 186,639 186,639
273 0608197V NATIONAL BACKGROUND INVESTIGATION 123,570 123,570
SERVICES--SOFTWARE PILOT PROGRAM.
274 0608648D8Z ACQUISITION VISIBILITY--SOFTWARE 18,307 18,307
PILOT PROGRAM.
275 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 32,774 32,774
276 0308588D8Z ALGORITHMIC WARFARE CROSS 247,452 283,452
FUNCTIONAL TEAMS--SOFTWARE PILOT
PROGRAM.
.................................. MAVEN for ADA................. [36,000]
.................................. SUBTOTAL SOFTWARE AND DIGITAL 608,742 644,742
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 25,857,875 30,217,730
TEST & EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION... 105,394 105,394
002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 68,549 75,049
.................................. Thinking Red.................. [2,500]
.................................. University-based cyber and [4,000]
software centers of excellence
for Operational Test &
Evaluation.
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 42,648 42,648
ANALYSES.
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 216,591 223,091
..................................
.................................. TOTAL OPERATIONAL TEST & 216,591 223,091
EVAL, DEFENSE.
..................................
.................................. TOTAL RDT&E.................. 111,964,188 118,073,500
----------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
----------------------------------------------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2022 House
Line Item Request Authorized
----------------------------------------------------------------------------------------------------------------
OPERATING FORCES
010 MANEUVER UNITS.................................................... 3,563,856 3,317,341
OFS Drawdown.................................................. [-191,515]
Unjustified growth............................................ [-55,000]
020 MODULAR SUPPORT BRIGADES.......................................... 142,082 142,082
030 ECHELONS ABOVE BRIGADE............................................ 758,174 748,174
Unjustified growth............................................ [-10,000]
040 THEATER LEVEL ASSETS.............................................. 2,753,783 1,614,442
OFS Drawdown.................................................. [-998,027]
Program decrease.............................................. [-5,000]
Unjustified growth............................................ [-136,314]
050 LAND FORCES OPERATIONS SUPPORT.................................... 1,110,156 1,110,156
060 AVIATION ASSETS................................................... 1,795,522 1,775,522
Unjustified growth............................................ [-20,000]
070 FORCE READINESS OPERATIONS SUPPORT................................ 7,442,976 5,468,604
Advanced Bomb Suit............................................ [12,940]
Arctic Cold Weather Gloves.................................... [13,867]
Arctic OCIE for Fort Drum, Fort Carson, and Alaska bases...... [65,050]
CENTCOM--Heavy Lift Logistics................................. [40,300]
Extended Cold Weather Clothing System (ECWCS)................. [8,999]
Female/Small Stature Body Armor............................... [81,750]
Garrison Installation Facilities-Related Control Systems [13,070]
(FRCS)........................................................
Industrial Base Special Installation Control Systems.......... [14,820]
Multi-Domain Operations--Live................................. [1,500]
OFS Drawdown.................................................. [-2,144,168]
oi3 Program decrease.............................................. [-7,500]
Unjustified growth............................................ [-75,000]
080 LAND FORCES SYSTEMS READINESS..................................... 580,921 614,921
CENTCOM--COMSAT air time trasponder leases.................... [34,000]
Sustainment and maintenance of quality of life infrastructure. [20,000]
Unjustified growth............................................ [-20,000]
090 LAND FORCES DEPOT MAINTENANCE..................................... 1,257,959 1,346,976
Tactical Combat Vehicle Repair Cycle Float (RCF).............. [89,017]
100 MEDICAL READINESS................................................. 1,102,964 1,102,964
110 BASE OPERATIONS SUPPORT........................................... 8,878,603 8,916,732
Program decrease.............................................. [-14,000]
Subsistence................................................... [52,129]
120 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 4,051,869 4,503,249
Program increase.............................................. [451,380]
130 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 289,891 291,041
[[Page H4764]]
Autonomic Security Operations Center.......................... [1,150]
140 ADDITIONAL ACTIVITIES............................................. 526,517 556,517
Security Operations Center as a service....................... [30,000]
160 RESET............................................................. 397,196 392,196
Unjustified growth............................................ [-5,000]
170 US AFRICA COMMAND................................................. 384,791 468,291
AFRICOM--COMSATCOM leases..................................... [16,500]
AFRICOM Unmanned Contract ISR................................. [67,000]
180 US EUROPEAN COMMAND............................................... 293,932 335,910
EUCOM--Information Operations maintain FY21 level............. [26,765]
EUCOM--MPE BICES rapid intel capabilities..................... [4,500]
EUCOM--MPE NATO C2 NATO Response Force........................ [9,708]
EUCOM--MPE OSINT.............................................. [1,005]
190 US SOUTHERN COMMAND............................................... 196,726 204,526
SOUTHCOM--Enhanced Domain Awareness........................... [3,400]
SOUTHCOM--HUMINT in the Cyber Domain.......................... [4,400]
200 US FORCES KOREA................................................... 67,052 67,052
210 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 621,836 654,756
Critical Infrastructure Risk Management Cyber Resiliency [13,630]
Mitigations (GOCO)............................................
MRCT / Cyber I&W / Ops Cell................................... [4,660]
Security Operations Center as a Service....................... [14,630]
220 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 629,437 841,327
C-SCRM Supplier Vetting and Equipment Inspection.............. [1,200]
Cyber--Supply Chain Risk Mgmt (C-SCRM) Program................ [2,750]
Cybersecurity Control Systems Assessments..................... [89,889]
Cybersecurity Support Services Task Order (CSSTO)............. [1,320]
Data and Applications Support Task Order (DASTO).............. [12,886]
Defensive Cyber Sensors....................................... [2,900]
Harden CSS VSAT Network....................................... [10,066]
Information Technology Infrastructure Support (ITIS).......... [15,469]
Weapon System Software Readiness.............................. [75,410]
SUBTOTAL OPERATING FORCES..................................... 36,846,243 34,472,779
MOBILIZATION
230 STRATEGIC MOBILITY................................................ 353,967 385,454
APS-4 South Humanitarian Assistance-Disaster Relief Site...... [31,487]
240 ARMY PREPOSITIONED STOCKS......................................... 381,192 451,908
Second destination transportation............................. [70,716]
250 INDUSTRIAL PREPAREDNESS........................................... 3,810 3,810
SUBTOTAL MOBILIZATION......................................... 738,969 841,172
TRAINING AND RECRUITING
260 OFFICER ACQUISITION............................................... 163,568 163,568
270 RECRUIT TRAINING.................................................. 75,140 75,140
280 ONE STATION UNIT TRAINING......................................... 81,274 81,274
290 SENIOR RESERVE OFFICERS TRAINING CORPS............................ 520,973 520,973
300 SPECIALIZED SKILL TRAINING........................................ 998,869 998,869
310 FLIGHT TRAINING................................................... 1,309,556 1,309,556
320 PROFESSIONAL DEVELOPMENT EDUCATION................................ 218,651 218,651
330 TRAINING SUPPORT.................................................. 616,380 634,480
ATRRS Modernization........................................... [18,100]
340 RECRUITING AND ADVERTISING........................................ 683,569 684,963
Enterprise Technology Integration, Governance, and Engineering [1,394]
Requirements (ETIGER).........................................
350 EXAMINING......................................................... 169,442 169,442
360 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 214,923 231,078
Tuition assistance............................................ [16,155]
370 CIVILIAN EDUCATION AND TRAINING................................... 220,589 220,589
380 JUNIOR RESERVE OFFICER TRAINING CORPS............................. 187,569 187,569
SUBTOTAL TRAINING AND RECRUITING.............................. 5,460,503 5,496,152
ADMIN & SRVWIDE ACTIVITIES
400 SERVICEWIDE TRANSPORTATION........................................ 684,562 672,562
Unjustified growth............................................ [-12,000]
410 CENTRAL SUPPLY ACTIVITIES......................................... 808,895 808,895
420 LOGISTIC SUPPORT ACTIVITIES....................................... 767,053 796,153
Preserve Logistics Data Analysis Capability While [29,100]
Transitioning to an Organic Civilian Workforce................
430 AMMUNITION MANAGEMENT............................................. 469,038 469,038
440 ADMINISTRATION.................................................... 488,535 468,535
Unjustified growth............................................ [-20,000]
450 SERVICEWIDE COMMUNICATIONS........................................ 1,952,742 2,013,762
CHRA IT Cloud................................................. [5,300]
ERP Convergence............................................... [49,420]
Mission Partner Environment................................... [6,300]
460 MANPOWER MANAGEMENT............................................... 323,273 328,643
Integrated Personnel Electronic Records Management Systems.... [5,370]
470 OTHER PERSONNEL SUPPORT........................................... 663,602 694,992
Enterprise Technology Integration, Governance, and Engineering [1,390]
Requirements (ETIGER).........................................
Personnel Security Investigations............................. [30,000]
480 OTHER SERVICE SUPPORT............................................. 2,004,981 2,031,364
DFAS bill to the Army......................................... [49,983]
Unjustified growth............................................ [-23,600]
490 ARMY CLAIMS ACTIVITIES............................................ 180,178 180,178
[[Page H4765]]
500 REAL ESTATE MANAGEMENT............................................ 269,009 269,009
510 FINANCIAL MANAGEMENT AND AUDIT READINESS.......................... 437,940 437,940
520 INTERNATIONAL MILITARY HEADQUARTERS............................... 482,571 482,571
530 MISC. SUPPORT OF OTHER NATIONS.................................... 29,670 29,670
575 CLASSIFIED PROGRAMS............................................... 2,008,633 2,041,233
SOUTHCOM UPL.................................................. [32,600]
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES........................... 11,570,682 11,724,545
TOTAL OPERATION & MAINTENANCE, ARMY.......................... 54,616,397 52,534,648
OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES.......................................... 10,465 10,465
020 ECHELONS ABOVE BRIGADE............................................ 554,992 554,992
030 THEATER LEVEL ASSETS.............................................. 120,892 120,892
040 LAND FORCES OPERATIONS SUPPORT.................................... 597,718 597,718
050 AVIATION ASSETS................................................... 111,095 111,095
060 FORCE READINESS OPERATIONS SUPPORT................................ 385,506 385,506
070 LAND FORCES SYSTEMS READINESS..................................... 98,021 98,021
080 LAND FORCES DEPOT MAINTENANCE..................................... 34,368 34,368
090 BASE OPERATIONS SUPPORT........................................... 584,513 584,513
100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 342,433 342,433
110 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 22,472 22,472
120 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 2,764 2,764
130 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 7,476 7,476
SUBTOTAL OPERATING FORCES..................................... 2,872,715 2,872,715
ADMIN & SRVWD ACTIVITIES
140 SERVICEWIDE TRANSPORTATION........................................ 15,400 15,400
150 ADMINISTRATION.................................................... 19,611 19,611
160 SERVICEWIDE COMMUNICATIONS........................................ 37,458 37,458
170 MANPOWER MANAGEMENT............................................... 7,162 7,162
180 RECRUITING AND ADVERTISING........................................ 48,289 48,289
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 127,920 127,920
TOTAL OPERATION & MAINTENANCE, ARMY RES...................... 3,000,635 3,000,635
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS.................................................... 799,854 799,854
020 MODULAR SUPPORT BRIGADES.......................................... 211,561 211,561
030 ECHELONS ABOVE BRIGADE............................................ 835,709 835,709
040 THEATER LEVEL ASSETS.............................................. 101,179 101,179
050 LAND FORCES OPERATIONS SUPPORT.................................... 34,436 34,436
060 AVIATION ASSETS................................................... 1,110,416 1,110,416
070 FORCE READINESS OPERATIONS SUPPORT................................ 704,827 734,927
ARNG Weapons of Mass Destruction / Civil Support Teams (WMD- [5,100]
CST) Equipment Sustainment....................................
Program increase.............................................. [25,000]
080 LAND FORCES SYSTEMS READINESS..................................... 47,886 47,886
090 LAND FORCES DEPOT MAINTENANCE..................................... 244,439 244,439
100 BASE OPERATIONS SUPPORT........................................... 1,097,960 1,097,960
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 956,988 956,988
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 1,047,870 1,047,870
130 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 8,071 14,371
Joint Information Exchange Environment........................ [6,300]
140 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 7,828 7,828
SUBTOTAL OPERATING FORCES..................................... 7,209,024 7,245,424
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION........................................ 8,017 8,017
160 ADMINISTRATION.................................................... 76,993 83,293
ARNG Joint Information Exchange Environment................... [6,300]
170 SERVICEWIDE COMMUNICATIONS........................................ 101,113 101,113
180 MANPOWER MANAGEMENT............................................... 8,920 8,920
190 OTHER PERSONNEL SUPPORT........................................... 240,292 240,292
200 REAL ESTATE MANAGEMENT............................................ 2,850 2,850
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 438,185 444,485
TOTAL OPERATION & MAINTENANCE, ARNG.......................... 7,647,209 7,689,909
AFGHANISTAN SECURITY FORCES FUND
AFGHAN NATIONAL ARMY
010 SUSTAINMENT....................................................... 1,053,668 0
OFS Drawdown.................................................. [-1,053,668]
020 INFRASTRUCTURE.................................................... 1,818 0
OFS Drawdown.................................................. [-1,818]
030 EQUIPMENT AND TRANSPORTATION...................................... 22,911 0
OFS Drawdown.................................................. [-22,911]
040 TRAINING AND OPERATIONS........................................... 31,837 0
OFS Drawdown.................................................. [-31,837]
SUBTOTAL AFGHAN NATIONAL ARMY................................. 1,110,234 0
[[Page H4766]]
AFGHAN NATIONAL POLICE
050 SUSTAINMENT....................................................... 440,628 0
OFS Drawdown.................................................. [-440,628]
070 EQUIPMENT AND TRANSPORTATION...................................... 38,551 0
OFS Drawdown.................................................. [-38,551]
080 TRAINING AND OPERATIONS........................................... 38,152 0
OFS Drawdown.................................................. [-38,152]
SUBTOTAL AFGHAN NATIONAL POLICE............................... 517,331 0
AFGHAN AIR FORCE
090 SUSTAINMENT....................................................... 562,056 0
OFS Drawdown.................................................. [-562,056]
110 EQUIPMENT AND TRANSPORTATION...................................... 26,600 0
OFS Drawdown.................................................. [-26,600]
120 TRAINING AND OPERATIONS........................................... 169,684 0
OFS Drawdown.................................................. [-169,684]
SUBTOTAL AFGHAN AIR FORCE..................................... 758,340 0
AFGHAN SPECIAL SECURITY FORCES
130 SUSTAINMENT....................................................... 685,176 0
OFS Drawdown.................................................. [-685,176]
150 EQUIPMENT AND TRANSPORTATION...................................... 78,962 0
OFS Drawdown.................................................. [-78,962]
160 TRAINING AND OPERATIONS........................................... 177,767 0
OFS Drawdown.................................................. [-177,767]
SUBTOTAL AFGHAN SPECIAL SECURITY FORCES....................... 941,905 0
UNDISTRIBUTED
170 UNDISTRIBUTED..................................................... 325,000
Contract close-out and other close-out operations............. [350,000]
Program decrease.............................................. [-25,000]
SUBTOTAL UNDISTRIBUTED........................................ 325,000
TOTAL AFGHANISTAN SECURITY FORCES FUND....................... 3,327,810 325,000
COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)
010 IRAQ.............................................................. 345,000 345,000
020 SYRIA............................................................. 177,000 177,000
SUBTOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)............. 522,000 522,000
TOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)............... 522,000 522,000
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS............................... 6,264,654 6,545,054
Flying Hour Program (1A1A--Fleet Operations).................. [280,400]
020 FLEET AIR TRAINING................................................ 2,465,007 2,465,007
030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES.................... 55,140 55,140
040 AIR OPERATIONS AND SAFETY SUPPORT................................. 197,904 197,904
050 AIR SYSTEMS SUPPORT............................................... 1,005,932 1,005,932
060 AIRCRAFT DEPOT MAINTENANCE........................................ 1,675,356 1,897,556
Aircraft Depot Maintenance Events (Multiple Type/Model/Series) [222,200]
070 AIRCRAFT DEPOT OPERATIONS SUPPORT................................. 65,518 65,518
080 AVIATION LOGISTICS................................................ 1,460,546 1,440,546
Historical underexecution..................................... [-20,000]
090 MISSION AND OTHER SHIP OPERATIONS................................. 5,858,028 5,929,028
Resilient PNT................................................. [29,000]
Submarine Tender Overhaul..................................... [42,000]
100 SHIP OPERATIONS SUPPORT & TRAINING................................ 1,154,696 1,163,679
Navy Tactical Grid Development for JADC2...................... [8,983]
110 SHIP DEPOT MAINTENANCE............................................ 10,300,078 10,476,778
A-120 Availabilities.......................................... [39,800]
restore CG-56, CG-57, and CG-61............................... [136,900]
120 SHIP DEPOT OPERATIONS SUPPORT..................................... 2,188,454 2,188,454
130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE...................... 1,551,846 1,551,846
140 SPACE SYSTEMS AND SURVEILLANCE.................................... 327,251 327,251
150 WARFARE TACTICS................................................... 798,082 798,082
160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY.......................... 447,486 447,486
170 COMBAT SUPPORT FORCES............................................. 2,250,756 2,297,856
CENTCOM--Maintain Cyclone PCs and MK VI patrol boats.......... [47,100]
180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT................ 192,968 192,968
190 COMBATANT COMMANDERS CORE OPERATIONS.............................. 61,614 61,614
200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT....................... 198,596 504,436
INDOPACOM--Critical Manpower Positions........................ [4,620]
INDOPACOM--Enhanced ISR Augmentation.......................... [41,000]
INDOPACOM--Future fusion centers.............................. [3,300]
INDOPACOM--Movement Coordination Center....................... [500]
INDOPACOM--Pacific Multi-Domain Training and Experimentation [114,410]
Capability (PMTEC)............................................
INDOPACOM--Wargaming analytical tools......................... [88,000]
INDOPACOM Mission Partner Environment......................... [54,010]
210 MILITARY INFORMATION SUPPORT OPERATIONS........................... 8,984 36,984
[[Page H4767]]
INDOPACOM Military Information Support Operations (MISO)...... [28,000]
220 CYBERSPACE ACTIVITIES............................................. 565,926 565,926
230 FLEET BALLISTIC MISSILE........................................... 1,476,247 1,471,247
Historical underexecution..................................... [-5,000]
240 WEAPONS MAINTENANCE............................................... 1,538,743 1,513,743
Historical underexecution..................................... [-25,000]
250 OTHER WEAPON SYSTEMS SUPPORT...................................... 592,357 587,357
Historical underexecution..................................... [-5,000]
260 ENTERPRISE INFORMATION............................................ 734,970 714,970
Program decrease.............................................. [-20,000]
270 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 2,961,937 3,411,937
Program increase.............................................. [450,000]
280 BASE OPERATING SUPPORT............................................ 4,826,314 4,816,314
Program decrease.............................................. [-10,000]
SUBTOTAL OPERATING FORCES..................................... 51,225,390 52,730,613
MOBILIZATION
290 SHIP PREPOSITIONING AND SURGE..................................... 457,015 380,531
Historical underexecution..................................... [-76,484]
300 READY RESERVE FORCE............................................... 645,522 645,522
310 SHIP ACTIVATIONS/INACTIVATIONS.................................... 353,530 348,530
Historical underexecution..................................... [-5,000]
320 EXPEDITIONARY HEALTH SERVICES SYSTEMS............................. 149,384 149,384
330 COAST GUARD SUPPORT............................................... 20,639 20,639
SUBTOTAL MOBILIZATION......................................... 1,626,090 1,544,606
TRAINING AND RECRUITING
340 OFFICER ACQUISITION............................................... 172,913 172,913
350 RECRUIT TRAINING.................................................. 13,813 13,813
360 RESERVE OFFICERS TRAINING CORPS................................... 167,152 167,152
370 SPECIALIZED SKILL TRAINING........................................ 1,053,104 1,053,104
380 PROFESSIONAL DEVELOPMENT EDUCATION................................ 311,209 315,509
Sea Cadets.................................................... [4,300]
390 TRAINING SUPPORT.................................................. 306,302 306,302
400 RECRUITING AND ADVERTISING........................................ 205,219 205,219
410 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 79,053 79,053
420 CIVILIAN EDUCATION AND TRAINING................................... 109,754 109,754
430 JUNIOR ROTC....................................................... 57,323 57,323
SUBTOTAL TRAINING AND RECRUITING.............................. 2,475,842 2,480,142
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION.................................................... 1,268,961 1,221,353
Program decrease.............................................. [-75,000]
Restoration of cuts to Naval Audit Service.................... [27,392]
450 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT........................ 212,952 212,952
460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................ 562,546 562,546
470 MEDICAL ACTIVITIES................................................ 285,436 285,436
480 SERVICEWIDE TRANSPORTATION........................................ 217,782 217,782
500 PLANNING, ENGINEERING, AND PROGRAM SUPPORT........................ 479,480 479,480
510 ACQUISITION, LOGISTICS, AND OVERSIGHT............................. 741,045 741,045
520 INVESTIGATIVE AND SECURITY SERVICES............................... 738,187 726,187
Historical underexecution..................................... [-5,000]
Program decrease.............................................. [-7,000]
665 CLASSIFIED PROGRAMS............................................... 607,517 607,517
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 5,113,906 5,054,298
TOTAL OPERATION & MAINTENANCE, NAVY.......................... 60,441,228 61,809,659
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES................................................ 1,587,456 1,632,756
Plate Carrier Generation III.................................. [45,300]
020 FIELD LOGISTICS................................................... 1,532,630 1,532,630
030 DEPOT MAINTENANCE................................................. 215,949 215,949
040 MARITIME PREPOSITIONING........................................... 107,969 107,969
050 CYBERSPACE ACTIVITIES............................................. 233,486 233,486
060 SUSTAINMENT, RESTORATION & MODERNIZATION.......................... 1,221,117 1,221,117
070 BASE OPERATING SUPPORT............................................ 2,563,278 2,563,278
SUBTOTAL OPERATING FORCES..................................... 7,461,885 7,507,185
TRAINING AND RECRUITING
080 RECRUIT TRAINING.................................................. 24,729 24,729
090 OFFICER ACQUISITION............................................... 1,208 1,208
100 SPECIALIZED SKILL TRAINING........................................ 110,752 110,752
110 PROFESSIONAL DEVELOPMENT EDUCATION................................ 61,539 61,539
120 TRAINING SUPPORT.................................................. 490,975 490,975
130 RECRUITING AND ADVERTISING........................................ 223,643 223,643
140 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 49,369 49,369
150 JUNIOR ROTC....................................................... 26,065 26,065
SUBTOTAL TRAINING AND RECRUITING.............................. 988,280 988,280
ADMIN & SRVWD ACTIVITIES
[[Page H4768]]
160 SERVICEWIDE TRANSPORTATION........................................ 100,475 100,475
170 ADMINISTRATION.................................................... 410,729 410,729
215 CLASSIFIED PROGRAMS............................................... 63,422 63,422
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 574,626 574,626
TOTAL OPERATION & MAINTENANCE, MARINE CORPS.................. 9,024,791 9,070,091
OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS............................... 628,522 628,522
020 INTERMEDIATE MAINTENANCE.......................................... 9,593 9,593
030 AIRCRAFT DEPOT MAINTENANCE........................................ 135,280 135,280
040 AIRCRAFT DEPOT OPERATIONS SUPPORT................................. 497 497
050 AVIATION LOGISTICS................................................ 29,435 29,435
070 COMBAT COMMUNICATIONS............................................. 18,469 18,469
080 COMBAT SUPPORT FORCES............................................. 136,710 136,710
090 CYBERSPACE ACTIVITIES............................................. 440 440
100 ENTERPRISE INFORMATION............................................ 26,628 26,628
110 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 42,311 42,311
120 BASE OPERATING SUPPORT............................................ 103,606 103,606
SUBTOTAL OPERATING FORCES..................................... 1,131,491 1,131,491
ADMIN & SRVWD ACTIVITIES
130 ADMINISTRATION.................................................... 1,943 1,943
140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................ 12,191 12,191
150 ACQUISITION AND PROGRAM MANAGEMENT................................ 3,073 3,073
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 17,207 17,207
TOTAL OPERATION & MAINTENANCE, NAVY RES...................... 1,148,698 1,148,698
OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
010 OPERATING FORCES.................................................. 102,271 148,171
Reserve Component Individual Combat Equipment................. [45,900]
020 DEPOT MAINTENANCE................................................. 16,811 16,811
030 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 42,702 42,702
040 BASE OPERATING SUPPORT............................................ 109,210 109,210
SUBTOTAL OPERATING FORCES..................................... 270,994 316,894
ADMIN & SRVWD ACTIVITIES
050 ADMINISTRATION.................................................... 14,056 14,056
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 14,056 14,056
TOTAL OPERATION & MAINTENANCE, MC RESERVE.................... 285,050 330,950
OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES............................................. 706,860 564,412
Historical underexecution..................................... [-75,000]
OFS Drawdown.................................................. [-67,448]
020 COMBAT ENHANCEMENT FORCES......................................... 2,382,448 2,121,529
CENTCOM--MQ-9 Combat Lines.................................... [53,000]
OFS Drawdown.................................................. [-313,919]
030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS).................... 1,555,320 1,356,542
Contract Adversary Air........................................ [5,000]
Historical underexecution..................................... [-200,000]
OFS Drawdown.................................................. [-3,778]
040 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 3,661,762 3,641,762
Historical underexecution..................................... [-10,000]
Program decrease.............................................. [-10,000]
050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 3,867,114 4,317,114
Program increase.............................................. [450,000]
060 CYBERSPACE SUSTAINMENT............................................ 179,568 179,568
070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 8,457,653 8,642,653
F-35 WSS Air Force UPL........................................ [185,000]
080 FLYING HOUR PROGRAM............................................... 5,646,730 5,094,372
Cyber Training................................................ [23,300]
CYBERCOM--Acquisition Personnel............................... [4,800]
CYBERCOM--HUMINT.............................................. [500]
OFS Drawdown.................................................. [-560,958]
Program decrease.............................................. [-20,000]
090 BASE SUPPORT...................................................... 9,846,037 9,869,037
Program decrease.............................................. [-15,000]
Sustainment and maintenance of quality of life infrastructure. [20,000]
U.S. Air Force Academy IT Modernization....................... [18,000]
100 GLOBAL C3I AND EARLY WARNING...................................... 979,705 987,390
EUCOM--MPE Air Component Battle Network....................... [9,200]
OFS Drawdown.................................................. [-1,515]
110 OTHER COMBAT OPS SPT PROGRAMS..................................... 1,418,515 1,406,592
OFS Drawdown.................................................. [-11,923]
120 CYBERSPACE ACTIVITIES............................................. 864,761 864,761
150 SPACE CONTROL SYSTEMS............................................. 13,223 13,223
[[Page H4769]]
160 US NORTHCOM/NORAD................................................. 196,774 196,774
170 US STRATCOM....................................................... 475,015 475,015
180 US CYBERCOM....................................................... 389,663 389,663
190 US CENTCOM........................................................ 372,354 396,354
CENTCOM Military Information Support Operations (MISO)........ [24,000]
200 US SOCOM.......................................................... 28,733 28,733
220 CENTCOM CYBERSPACE SUSTAINMENT.................................... 1,289 1,289
230 USSPACECOM........................................................ 272,601 339,601
Bridging Space Protection Gaps--Commercial SSA................ [10,000]
Program increase.............................................. [57,000]
235 CLASSIFIED PROGRAMS............................................... 1,454,383 1,454,383
SUBTOTAL OPERATING FORCES..................................... 42,770,508 42,340,767
MOBILIZATION
240 AIRLIFT OPERATIONS................................................ 2,422,784 2,422,784
250 MOBILIZATION PREPAREDNESS......................................... 667,851 667,851
SUBTOTAL MOBILIZATION......................................... 3,090,635 3,090,635
TRAINING AND RECRUITING
260 OFFICER ACQUISITION............................................... 156,193 156,193
270 RECRUIT TRAINING.................................................. 26,072 26,072
280 RESERVE OFFICERS TRAINING CORPS (ROTC)............................ 127,693 127,693
290 SPECIALIZED SKILL TRAINING........................................ 491,286 482,056
OFS Drawdown.................................................. [-9,230]
300 FLIGHT TRAINING................................................... 718,742 718,742
310 PROFESSIONAL DEVELOPMENT EDUCATION................................ 302,092 302,092
320 TRAINING SUPPORT.................................................. 162,165 162,165
330 RECRUITING AND ADVERTISING........................................ 171,339 171,339
340 EXAMINING......................................................... 8,178 8,178
350 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 236,760 236,760
360 CIVILIAN EDUCATION AND TRAINING................................... 306,602 306,602
370 JUNIOR ROTC....................................................... 65,940 65,940
SUBTOTAL TRAINING AND RECRUITING.............................. 2,773,062 2,763,832
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS.............................................. 1,062,709 1,062,709
390 TECHNICAL SUPPORT ACTIVITIES...................................... 169,957 169,957
400 ADMINISTRATION.................................................... 1,005,827 987,327
Program decrease.............................................. [-18,500]
410 SERVICEWIDE COMMUNICATIONS........................................ 31,054 31,054
420 OTHER SERVICEWIDE ACTIVITIES...................................... 1,470,757 1,459,757
Program decrease.............................................. [-11,000]
430 CIVIL AIR PATROL.................................................. 29,128 47,300
Civil Air Patrol.............................................. [18,172]
450 INTERNATIONAL SUPPORT............................................. 81,118 81,118
455 CLASSIFIED PROGRAMS............................................... 1,391,720 1,391,720
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 5,242,270 5,230,942
TOTAL OPERATION & MAINTENANCE, AIR FORCE..................... 53,876,475 53,426,176
OPERATION & MAINTENANCE, SPACE FORCE
OPERATING FORCES
010 GLOBAL C3I & EARLY WARNING........................................ 495,615 495,615
020 SPACE LAUNCH OPERATIONS........................................... 185,700 185,700
030 SPACE OPERATIONS.................................................. 611,269 611,269
040 EDUCATION & TRAINING.............................................. 22,887 22,887
060 DEPOT MAINTENANCE................................................. 280,165 332,565
Space Force Weapons System Sustainment........................ [52,400]
070 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 213,347 279,647
Cheyenne Mountain Improvements UPL............................ [66,300]
080 CONTRACTOR LOGISTICS AND SYSTEM SUPPORT........................... 1,158,707 1,350,707
Space Force Weapons System Sustainment........................ [192,000]
090 SPACE OPERATIONS -BOS............................................. 143,520 143,520
095 CLASSIFIED PROGRAMS............................................... 172,755 172,755
SUBTOTAL OPERATING FORCES..................................... 3,283,965 3,594,665
ADMINISTRATION AND SERVICE WIDE ACTIVITIES
100 ADMINISTRATION.................................................... 156,747 156,747
SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES........... 156,747 156,747
TOTAL OPERATION & MAINTENANCE, SPACE FORCE................... 3,440,712 3,751,412
OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES............................................. 1,665,015 1,544,978
Historical underexecution..................................... [-100,000]
Program decrease.............................................. [-20,037]
020 MISSION SUPPORT OPERATIONS........................................ 179,486 169,486
Historical underexecution..................................... [-10,000]
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 530,540 510,540
Program decrease.............................................. [-20,000]
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 114,987 114,987
[[Page H4770]]
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 254,831 244,831
Program decrease.............................................. [-10,000]
060 BASE SUPPORT...................................................... 470,801 470,801
070 CYBERSPACE ACTIVITIES............................................. 1,372 1,372
SUBTOTAL OPERATING FORCES..................................... 3,217,032 3,056,995
ADMINISTRATION AND SERVICEWIDE ACTIVITIES
080 ADMINISTRATION.................................................... 91,289 91,289
090 RECRUITING AND ADVERTISING........................................ 23,181 23,181
100 MILITARY MANPOWER AND PERS MGMT (ARPC)............................ 13,966 13,966
110 OTHER PERS SUPPORT (DISABILITY COMP).............................. 6,196 6,196
120 AUDIOVISUAL....................................................... 442 442
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES............ 135,074 135,074
TOTAL OPERATION & MAINTENANCE, AF RESERVE.................... 3,352,106 3,192,069
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS............................................... 2,281,432 2,281,432
020 MISSION SUPPORT OPERATIONS........................................ 582,848 588,748
ANG HRF/CERFP Sustainment w/in WMD............................ [5,900]
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 1,241,318 1,221,318
Program decrease.............................................. [-20,000]
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 353,193 353,193
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 1,077,654 1,067,654
Program decrease.............................................. [-10,000]
060 BASE SUPPORT...................................................... 908,198 908,198
070 CYBERSPACE SUSTAINMENT............................................ 23,895 23,895
080 CYBERSPACE ACTIVITIES............................................. 17,263 17,263
SUBTOTAL OPERATING FORCES..................................... 6,485,801 6,461,701
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
090 ADMINISTRATION.................................................... 46,455 46,455
100 RECRUITING AND ADVERTISING........................................ 41,764 41,764
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES........... 88,219 88,219
TOTAL OPERATION & MAINTENANCE, ANG........................... 6,574,020 6,549,920
OPERATION AND MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF............................................. 407,240 407,240
020 JOINT CHIEFS OF STAFF--CE2T2...................................... 554,634 589,734
INDOPACOM--Joint Exercise Program............................. [35,100]
030 JOINT CHIEFS OF STAFF--CYBER...................................... 8,098 8,098
050 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES.......... 2,044,479 2,047,789
SOCOM--Armored Ground Mobility Systems (AGMS) Acceleration.... [3,310]
060 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES.................. 45,851 45,851
070 SPECIAL OPERATIONS COMMAND INTELLIGENCE........................... 1,614,757 1,614,757
080 SPECIAL OPERATIONS COMMAND MAINTENANCE............................ 1,081,869 1,090,210
Advanced Engine Performance and Restoration Program (Nucleated [2,000]
Foam).........................................................
SOCOM--Modernized Forward Look Sonar.......................... [900]
SOCOM--Personal Signature Management Acceleration............. [5,441]
090 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS.... 180,042 170,042
Program decrease.............................................. [-10,000]
100 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT.................... 1,202,060 1,205,060
JMWC.......................................................... [3,000]
110 SPECIAL OPERATIONS COMMAND THEATER FORCES......................... 3,175,789 3,185,789
Program increase.............................................. [10,000]
SUBTOTAL OPERATING FORCES..................................... 10,314,819 10,364,570
TRAINING AND RECRUITING
130 DEFENSE ACQUISITION UNIVERSITY.................................... 171,607 171,607
140 JOINT CHIEFS OF STAFF............................................. 92,905 92,905
150 PROFESSIONAL DEVELOPMENT EDUCATION................................ 31,669 31,669
SUBTOTAL TRAINING AND RECRUITING.............................. 296,181 296,181
ADMIN & SRVWIDE ACTIVITIES
170 CIVIL MILITARY PROGRAMS........................................... 137,311 228,311
National Guard Youth Challenge................................ [50,000]
STARBASE...................................................... [41,000]
190 DEFENSE CONTRACT AUDIT AGENCY..................................... 618,526 618,526
200 DEFENSE CONTRACT AUDIT AGENCY--CYBER.............................. 3,984 3,984
220 DEFENSE CONTRACT MANAGEMENT AGENCY................................ 1,438,296 1,438,296
230 DEFENSE CONTRACT MANAGEMENT AGENCY--CYBER......................... 11,999 11,999
240 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY................... 941,488 941,488
260 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY--CYBER............ 9,859 9,859
270 DEFENSE HUMAN RESOURCES ACTIVITY.................................. 816,168 886,168
Defense Suicide Prevention Office............................. [5,000]
DHRA/DSPO--support FY 2021 congressional increases............ [5,000]
DHRA/SAPRO--FY 2021 baseline restoral......................... [60,000]
280 DEFENSE HUMAN RESOURCES ACTIVITY--CYBER........................... 17,655 17,655
290 DEFENSE INFORMATION SYSTEMS AGENCY................................ 1,913,734 1,935,469
[[Page H4771]]
Cloud Migration and Technology (Milcloud 2.0)................. [11,000]
CYBERCOM--HUMINT.............................................. [2,700]
Program decrease.............................................. [-2,000]
Program increase--cloud migration and technology.............. [10,000]
Secure Congressional communications........................... [35]
310 DEFENSE INFORMATION SYSTEMS AGENCY--CYBER......................... 530,278 580,278
Hardening DODIN............................................... [50,000]
350 DEFENSE LEGAL SERVICES AGENCY..................................... 229,498 229,498
360 DEFENSE LOGISTICS AGENCY.......................................... 402,864 407,664
Procurement Technical Assistance Program...................... [4,800]
370 DEFENSE MEDIA ACTIVITY............................................ 222,655 224,655
Public Web Program............................................ [2,000]
380 DEFENSE PERSONNEL ACCOUNTING AGENCY............................... 130,174 155,174
DPAA (POW/MIA)--support FY 2021 congressional increases....... [25,000]
390 DEFENSE SECURITY COOPERATION AGENCY............................... 2,067,446 2,033,046
Baltic Security Initiative.................................... [175,000]
Offset for Baltic Security Initiative......................... [-175,000]
Program increase.............................................. [215,600]
Transfer to Ukraine Security Assistance....................... [-250,000]
420 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION........................ 39,305 39,305
440 DEFENSE THREAT REDUCTION AGENCY................................... 885,749 885,749
460 DEFENSE THREAT REDUCTION AGENCY--CYBER............................ 36,736 36,736
470 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.......................... 3,138,345 3,208,345
Impact Aid.................................................... [50,000]
Impact Aid--Students with Disabilities........................ [20,000]
490 MISSILE DEFENSE AGENCY............................................ 502,450 502,450
530 OFFICE OF THE LOCAL DEFENSE COMMUNITY COOPERATION--OSD............ 89,686 107,686
Defense Community Infrastructure Program...................... [15,000]
Oversight Personnel........................................... [3,000]
540 OFFICE OF THE SECRETARY OF DEFENSE................................ 1,766,614 1,802,414
Assistant Secretary of Defense for Energy, Installation and [10,000]
Environment oversight personnel...............................
Basic Needs Allowance......................................... [50,000]
CAPE Civilian Technical Staff Increase........................ [3,000]
CAPE cost data and software initiative increase............... [3,500]
Commission on Afghanistan..................................... [5,000]
Defense Resource Budgeting & Allocation Commission............ [4,000]
DIU Civilian Technical Staff Increase......................... [3,000]
DOT&E Civilian Technical Staff Increase....................... [3,000]
Military working dog pilot program............................ [10,000]
Program decrease.............................................. [-55,700]
550 OFFICE OF THE SECRETARY OF DEFENSE--CYBER......................... 32,851 32,851
560 SPACE DEVELOPMENT AGENCY.......................................... 53,851 53,851
570 WASHINGTON HEADQUARTERS SERVICES.................................. 369,698 340,698
Program decrease.............................................. [-29,000]
575 CLASSIFIED PROGRAMS............................................... 17,900,146 17,900,146
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES........................... 34,307,366 34,632,301
UNDISTRIBUTED
580 UNDISTRIBUTED..................................................... 1,322,055
Afghanistan withdrawal contingency costs...................... [250,000]
Depot Capital Investment...................................... [900,000]
FSRM increase for Defense-wide activities..................... [172,055]
SUBTOTAL UNDISTRIBUTED........................................ 1,322,055
TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE................ 44,918,366 46,615,107
UKRAINE SECURITY ASSISTANCE
010 UKRAINE SECURITY ASSISTANCE INITIATIVE............................ 300,000
Program increase.............................................. [50,000]
Transfer from Defense Security Cooperation Agency............. [250,000]
SUBTOTAL UKRAINE SECURITY ASSISTANCE.......................... 300,000
TOTAL UKRAINE SECURITY ASSISTANCE............................ 300,000
US COURT OF APPEALS FOR ARMED FORCES, DEF
ADMINISTRATION AND ASSOCIATED ACTIVITIES
010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE................. 15,589 15,589
SUBTOTAL ADMINISTRATION AND ASSOCIATED ACTIVITIES............. 15,589 15,589
TOTAL US COURT OF APPEALS FOR ARMED FORCES, DEF.............. 15,589 15,589
DOD ACQUISITION WORKFORCE DEVELOPMENT FUND
ACQUISITION WORKFORCE DEVELOPMENT
010 ACQ WORKFORCE DEV FD.............................................. 54,679 54,679
SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT.................... 54,679 54,679
TOTAL DOD ACQUISITION WORKFORCE DEVELOPMENT FUND............. 54,679 54,679
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
HUMANITARIAN ASSISTANCE
010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID..................... 110,051 650,051
Afghan SIV costs.............................................. [500,000]
[[Page H4772]]
Program Increase.............................................. [40,000]
SUBTOTAL HUMANITARIAN ASSISTANCE.............................. 110,051 650,051
TOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID......... 110,051 650,051
COOPERATIVE THREAT REDUCTION ACCOUNT
010 COOPERATIVE THREAT REDUCTION...................................... 239,849 344,849
Program increase.............................................. [105,000]
SUBTOTAL COOPERATIVE THREAT REDUCTION......................... 239,849 344,849
TOTAL COOPERATIVE THREAT REDUCTION ACCOUNT................... 239,849 344,849
ENVIRONMENTAL RESTORATION
DEPARTMENT OF THE ARMY
050 ENVIRONMENTAL RESTORATION, ARMY................................... 200,806 300,806
Program increase for PFAS..................................... [100,000]
SUBTOTAL DEPARTMENT OF THE ARMY............................... 200,806 300,806
DEPARTMENT OF THE NAVY
060 ENVIRONMENTAL RESTORATION, NAVY................................... 298,250 472,250
Program increase for PFAS..................................... [174,000]
SUBTOTAL DEPARTMENT OF THE NAVY............................... 298,250 472,250
DEPARTMENT OF THE AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR FORCE.............................. 301,768 476,768
Program increase for PFAS..................................... [175,000]
SUBTOTAL DEPARTMENT OF THE AIR FORCE.......................... 301,768 476,768
DEFENSE-WIDE
080 ENVIRONMENTAL RESTORATION, DEFENSE................................ 8,783 58,783
Military Munitions Response Program........................... [50,000]
SUBTOTAL DEFENSE-WIDE......................................... 8,783 58,783
DEFENSE-WIDE
090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES..................... 218,580 392,580
Program increase.............................................. [74,000]
Program increase for PFAS..................................... [100,000]
SUBTOTAL DEFENSE-WIDE......................................... 218,580 392,580
TOTAL ENVIRONMENTAL RESTORATION.............................. 1,028,187 1,701,187
TOTAL OPERATION & MAINTENANCE................................ 253,623,852 253,032,629
----------------------------------------------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2022 House
Item Request Authorized
------------------------------------------------------------------------
MERHCF................................ 9,337,175 9,337,175
MILPERS............................... 157,947,920 157,521,920
ARNG Chemical Biological 9,200
Radiological Nuclear (CBRN)
Response Forces Readiness........
Historical underexecution........ [-500,000]
Military Personnel, Navy-- 64,800
Manpower costs for CG-56, CG-57,
and CG-61........................
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2022 House
Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE................ 26,935 26,935
ARMY SUPPLY MANAGEMENT.................. 357,776 357,776
TOTAL WORKING CAPITAL FUND, ARMY..... 384,711 384,711
WORKING CAPITAL FUND, NAVY
SUPPLY MANAGEMENT--NAVY................. 150,000 150,000
TOTAL WORKING CAPITAL FUND, NAVY..... 150,000 150,000
WORKING CAPITAL FUND, AIR FORCE
SUPPLY MANAGEMENT....................... 77,453 77,453
TOTAL WORKING CAPITAL FUND, AIR FORCE 77,453 77,453
[[Page H4773]]
WORKING CAPITAL FUND, DEFENSE-WIDE
ENERGY MANAGEMENT--DEFENSE.............. 40,000 40,000
SUPPLY CHAIN MANAGEMENT--DEFENSE........ 87,765 87,765
TOTAL WORKING CAPITAL FUND, DEFENSE- 127,765 127,765
WIDE.................................
WORKING CAPITAL FUND, DECA
COMMISSARY OPERATIONS................... 1,162,071 1,162,071
TOTAL WORKING CAPITAL FUND, DECA..... 1,162,071 1,162,071
CHEM AGENTS & MUNITIONS DESTRUCTION
CHEM DEMILITARIZATION--O&M.............. 93,121 93,121
CHEM DEMILITARIZATION--RDT&E............ 1,001,231 1,001,231
TOTAL CHEM AGENTS & MUNITIONS 1,094,352 1,094,352
DESTRUCTION..........................
DRUG INTERDICTION & CTR-DRUG ACTIVITIES,
DEF
COUNTER-NARCOTICS SUPPORT............... 593,250 593,250
DRUG DEMAND REDUCTION PROGRAM........... 126,024 126,024
NATIONAL GUARD COUNTER-DRUG PROGRAM..... 96,970 96,970
NATIONAL GUARD COUNTER-DRUG SCHOOLS..... 5,664 5,664
TOTAL DRUG INTERDICTION & CTR-DRUG 821,908 821,908
ACTIVITIES, DEF......................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL......... 434,700 434,700
OFFICE OF THE INSPECTOR GENERAL--CYBER.. 1,218 1,218
OFFICE OF THE INSPECTOR GENERAL--RDTE... 2,365 2,365
OFFICE OF THE INSPECTOR GENERAL-- 80 80
PROCUREMENT............................
TOTAL OFFICE OF THE INSPECTOR GENERAL 438,363 438,363
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE........................... 9,720,004 9,757,004
DHA--reverse DWR cuts to Defense [37,000]
Health Program.....................
PRIVATE SECTOR CARE..................... 18,092,679 18,092,679
CONSOLIDATED HEALTH SUPPORT............. 1,541,122 2,316,047
Anomalous Health Incidents......... [114,925]
DHA--Global Emerging Infectious [50,000]
Surveillance System................
DHP COVID-related shortfalls....... [600,000]
Global Emerging Infectious [10,000]
Surveillance Program...............
INFORMATION MANAGEMENT.................. 2,233,677 2,233,677
MANAGEMENT ACTIVITIES................... 335,138 335,138
EDUCATION AND TRAINING.................. 333,234 708,734
DWR cut reversal to USUHS Basic [15,500]
Research Program...................
USUHS BLDG usage: ID and Vax [360,000]
Research, Pandemic Response and
Collaboration and Supply Chain
Independence.......................
BASE OPERATIONS/COMMUNICATIONS.......... 1,926,865 1,941,865
National Disaster Medical System [15,000]
Surge Partnerships.................
R&D RESEARCH............................ 9,091 9,091
R&D EXPLORATRY DEVELOPMENT.............. 75,463 75,463
R&D ADVANCED DEVELOPMENT................ 235,556 235,556
R&D DEMONSTRATION/VALIDATION............ 142,252 142,252
R&D ENGINEERING DEVELOPMENT............. 101,054 123,054
Brainscope......................... [5,000]
Freeze-dried platelets............. [10,000]
Program increase................... [7,000]
R&D MANAGEMENT AND SUPPORT.............. 49,645 49,645
R&D CAPABILITIES ENHANCEMENT............ 17,619 17,619
PROC INITIAL OUTFITTING................. 20,926 20,926
PROC REPLACEMENT & MODERNIZATION........ 250,366 250,366
PROC MILITARY HEALTH SYSTEM--DESKTOP TO 72,302 72,302
DATACENTER.............................
PROC DOD HEALTHCARE MANAGEMENT SYSTEM 435,414 435,414
MODERNIZATION..........................
TOTAL DEFENSE HEALTH PROGRAM......... 35,592,407 36,816,832
TOTAL OTHER AUTHORIZATIONS........... 39,849,030 41,073,455
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2022 House
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
Alabama
Army Anniston Army Depot Welding Facility.......... 0 25,000
Army Fort Rucker AIT Barracks Complex...... 0 66,000
Army Redstone Arsenal Propulsion Systems Lab.... 55,000 55,000
Belgium
Army Shape Headquarters Command and Control 16,000 16,000
Facility.
California
Army Fort Irwin Simulations Center........ 52,000 52,000
Georgia
[[Page H4774]]
Army Fort Gordon Cyber Instructional Fac 69,000 69,000
(Admin/Cmd), Inc. 2.
Army Fort Stewart Barracks.................. 0 100,000
Germany
Army East Camp Grafenwoehr EDI: Barracks and Dining 103,000 50,000
Facility.
Army Smith Barracks Indoor Small Arms Range... 17,500 17,500
Army Smith Barracks Live Fire Exercise 16,000 16,000
Shoothouse.
Hawaii
Army West Loch Nav Mag Ammunition Storage........ 51,000 51,000
Annex
Kansas
Army Fort Leavenworth Child Development Center.. 0 34,000
Kentucky
Army Fort Knox Child Development Center.. 0 27,000
Louisiana
Army Fort Polk, Louisiana Joint Operations Center... 55,000 55,000
Lousiana
Army Fort Polk Barracks.................. 0 56,000
Maryland
Army Aberdeen Proving Moving Target Simulator 0 29,000
Ground (Combat Systems
Simulation Laboratory).
Army Fort Detrick Medical Waste Incinerator. 0 23,981
Army Fort Detrick Medical Incinerator....... 0 23,981
Army Fort Detrick USAMRMC Headquarters...... 0 94,000
Army Fort Meade Barracks.................. 81,000 81,000
Mississippi
Army Engineer Research and Communications Center..... 0 17,000
Development Center
Army Engineer Research and Rtd&e (Risk Lab).......... 0 32,000
Development Center
New Jersey
Army Picatinny Arsenal Igloo Storage, 0 1,800
Installation.
New Mexico
Army White Sands Missile Missile Assembly Support 0 14,200
Range Facility.
Army White Sands Missile Missile Assembly Building. 0 29,000
Range
New York
Army Fort Hamilton Information Systems 26,000 26,000
Facility.
Army Watervliet Arsenal Access Control Point...... 20,000 20,000
Pennsylvania
Army Letterkenny Army Depot Fire Station.............. 21,000 21,000
South Carolina
Army Fort Jackson Reception Barracks 34,000 34,000
Complex, Ph2, Inc. 2.
Army Fort Jackson Reception Barracks, Ph1... 0 21,000
Texas
Army Fort Hood Barracks.................. 0 61,000
Army Fort Hood Barracks.................. 0 29,200
Virginia
Army Joint Base Langley- AIT Barracks Complex, Ph4. 0 16,000
Eustis
Worldwide Classified
Army Classified Location Forward Operating Site.... 31,000 31,000
Worldwide Unspecified
Army Unspecified Worldwide Host Nation Support....... 27,000 27,000
Locations
Army Unspecified Worldwide Minor Construction........ 35,543 35,543
Locations
Army Unspecified Worldwide Planning and Design....... 124,649 134,649
Locations
........................
Military Construction, Army Total 834,692 1,491,854
......................
Arizona
Navy Marine Corps Air Bachelor Enlisted Quarters 0 99,600
Station Yuma
California
Navy Air Ground Combat Wastewater Treatment 0 45,000
Center Twentynine Facility.
Palms
Navy Camp Pendleton I MEF Consolidated 19,869 19,869
Information Center Inc..
Navy Naval Air Station F-35C Hangar 6 Phase 2 75,070 50,000
Lemoore (Mod 3/4) Inc..
Navy Naval Information Reconfigurable Cyber 0 49,970
Warfare Center Laboratory.
Pacific
Navy Naval Weapons Station Missile Magazines Inc..... 10,840 10,840
Seal Beach
Navy Naval Base San Diego Pier 6 Replacement Inc.... 50,000 50,000
Navy San Nicholas Island Directed Energy Weapons 19,907 19,907
Test Facilities.
District of Columbia
Navy Naval Research Electromagnetic & Cyber 0 95,271
Laboratory Countermeasures
Laboratory.
Navy Naval Research Biomolecular Science & 0 58,940
Laboratory Synthetic Biology
Laboratory.
Florida
Navy Naval Air Station Planning and Design for 0 7,000
Jacksonville Lighterage and Small
Craft.
Navy Naval Surface Warfare Unmanned Vehicle Littoral 0 30,960
Center Panama City Combat Space.
Division
Navy Naval Surface Warfare Mine Warfare RDT&E 0 52,860
Center Panama City Facility.
Division
Navy Naval Undersea Warfare AUTEC Pier Facility 1902.. 0 37,980
Center Newport
Division
Navy Naval Undersea Warfare Array Calibration Facility 0 6,530
Center Newport
Division
[[Page H4775]]
Greece
Navy Naval Support Activity EDI: Joint Mobility 41,650 0
Souda Bay Processing Center.
Guam
Navy Andersen Air Force Aviation Admin Building... 50,890 50,890
Base
Navy Joint Region Marianas 4th Marines Regiment 109,507 80,000
Facilities.
Navy Joint Region Marianas Bachelor Enlisted Quarters 43,200 43,200
H Inc..
Navy Joint Region Marianas Combat Logistics Batallion- 92,710 92,710
4 Facility.
Navy Joint Region Marianas Consolidated Armory....... 43,470 43,470
Navy Joint Region Marianas Infantry Battalion Company 44,100 44,100
HQ.
Navy Joint Region Marianas Joint Communication 84,000 84,000
Upgrade Inc..
Navy Joint Region Marianas Marine Expeditionary 66,830 66,830
Brigade Enablers.
Navy Joint Region Marianas Principal End Item (PEI) 47,110 47,110
Warehouse.
Navy Joint Region Marianas X-Ray Wharf Berth 2....... 103,800 51,900
Hawaii
Navy Marine Corps Base Bachelor Enlisted 0 101,200
Kaneohe Quarters, Ph 2.
Idaho
Navy Naval Surface Warfare ARD Rangecraft Birthing 0 6,140
Center Carderock Facility.
Dvision
Indiana
Navy Naval Surface Warfare Strategic Systems 0 27,350
Center Crane Division Engineering & Hardware
Assurance Center.
Navy Naval Surface Warfare Corporate Operations and 0 22,910
Center Crane Division Training Center.
Navy Naval Surface Warfare Anti-Ship Missile Defense 0 36,660
Center Crane Division Life Cycle Integration
and Test Center.
Japan
Navy Fleet Activities Pier 5 (Berths 2 and 3) 15,292 15,292
Yokosuka Inc..
Navy Fleet Activities Ship Handling & Combat 49,900 49,900
Yokosuka Training Facilities.
Maine
Navy Portsmouth Naval Multi-Mission Drydock #1 250,000 250,000
Shipyard Extension Inc..
Maryland
Navy Naval Air Station Planning and Design for 0 1,500
Patuxent River Aircraft Prototyping
Facility, Ph 3.
Navy Naval Air Warfare Aircraft Prototyping 0 40,920
Center Aircraft Facility, Ph 3.
Division
Navy Naval Air Warfare Rotary Wing T&E Hangar 0 80,270
Center Aircraft Replacement.
Division
Navy Naval Surface Warfare Ship Systems Design & 0 22,090
Center Carderock Integration Facility.
Dvision
Navy Naval Surface Warfare Planning and Design for 0 1,500
Center Indian Head Contained Burn Facility.
Navy Naval Surface Warfare Energetic Systems and 0 25,210
Center Indian Head Technology Laboratory
Complex, Ph 2.
Navy Naval Surface Warfare Contained Burn Facility... 0 14,980
Center Indian Head
Navy Naval Surface Warfare Energetic Chemical Scale- 0 29,130
Center Indian Head up.
Navy Naval Surface Warfare Energetics Prototyping 0 36,230
Center Indian Head Facility.
Navy Naval Surface Warfare Energetic Systems and 0 26,480
Center Indian Head Technology Laboratory
Complex, Ph 3.
Nevada
Navy Naval Air Station Training Range Land 48,250 48,250
Fallon Acquisition--Ph 2.
North Carolina
Navy Camp Lejeune, North II MEF Operations Center 42,200 42,200
Carolina Replacement Inc..
Navy Cherry Point Marine Aircraft Maintenance 207,897 60,000
Corps Air Station Hangar.
Navy Cherry Point Marine F-35 Flightline Utilities 113,520 30,000
Corps Air Station Modernization Ph 2.
Pennsylvania
Navy Naval Surface Warfare Machinery Control 0 77,290
Center Philadelphia Development Center.
Division
Navy Naval Surface Warfare Machinery Integration Lab, 0 34,010
Center Philadelphia Ph 1.
Division
Navy Naval Surface Warfare Power & Energy Tech 0 48,740
Center Philadelphia Systems Integration Lab.
Division
Poland
Navy Redzikowo AEGIS Ashore Barracks 0 3,000
Planning and Design.
Rhode Island
Navy Naval Undersea Warfare Next Generation Secure 0 40,760
Center Newport Submarine Platform
Division Facility.
Navy Naval Undersea Warfare Next Generation Torpedo 0 12,870
Center Newport Integarion Lab.
Division
Navy Naval Undersea Warfare Submarine Payloads 0 14,430
Center Newport Integration Facility.
Division
Navy Naval Undersea Warfare Consolidation RDT&E 0 17,290
Center Newport Systems Facility.
Division
Texas
Navy Naval Air Station Planning and Design for 0 2,500
Kingsville Fire Rescue Safety Center.
Virginia
Navy Naval Station Norfolk Submarine Pier 3 Inc...... 88,923 88,923
[[Page H4776]]
Navy Naval Surface Warfare Navy Combatant Craft 0 17,210
Center Carderock Laboratory.
Dvision
Navy Naval Surface Warfare Cyber Threat & Weapon 0 60,560
Center Dahlgren Systems Engineering
Division Complex.
Navy Naval Surface Warfare High Powered Electric 0 38,110
Center Dahlgren Weapons Laboratory.
Division
Navy Nofolk Naval Shipyard Dry Dock Saltwater System 156,380 30,000
for CVN-78.
Navy Marine Corps Base Vehicle Inspection and 42,850 42,850
Quantico Visitor Control Center.
Navy Marine Corps Base Wargaming Center Inc...... 30,500 30,500
Quantico
Worldwide Unspecified
Navy Unspecified Worldwide Planning and Design....... 363,252 363,252
Locations
Navy Unspecified Worldwide Shipyard Investment 0 225,000
Locations Optimization Program.
Navy Unspecified Worldwide Shipyard Investment 0 62,820
Locations Optimization Program--
Planning and Design.
Navy Unspecified Worldwide Unspecified Minor 56,435 56,435
Locations Construction.
........................
Military Construction, Navy Total 2,368,352 3,473,699
......................
Alaska
AF Joint Base Elmendorf- Extend Runway 16/34, Inc. 79,000 79,000
Richardson 1.
Arizona
AF Davis-Monthan Air South Wilmot Gate......... 13,400 13,400
Force Base
AF Luke Air Force Base F-35A ADAL AMU Facility 28,000 28,000
Squadron #6.
AF Luke Air Force Base F-35A Squadron Operations 21,000 21,000
Facility #6.
Australia
AF Royal Australian Air Squadron Operations 7,400 7,400
Force Base Darwin Facility.
AF Royal Australian Air Aircraft Maintenance 6,200 6,200
Force Base Tindal Support Facility.
AF Royal Australian Air Squadron Operations 8,200 8,200
Force Base Tindal Facility.
California
AF Edwards Air Force Base Flight Test Engineering 4,000 4,000
Lab Complex.
AF Edwards Air Force Base Upgrade Munitions Complex. 0 28,000
AF Edwards Air Force Base Rocket Engineering, 0 75,000
Analysis, and
Collaboration HUB (REACH).
AF Vandenberg Air Force GBSD Re-Entry Vehicle 48,000 48,000
Base Facility.
AF Vandenberg Air Force GBSD Stage Processing 19,000 19,000
Base Facility.
Colorado
AF Schriever Air Force ADAL Fitness Center....... 0 30,000
Base
AF United States Air Add High Bay Vehicle 0 4,360
Force Academy Maintenance.
District of Columbia
AF Joint Base Anacostia Joint Air Defense 24,000 24,000
Bolling Operations Center Ph 2.
Florida
AF Eglin Air Force Base Weapons Technology 0 100,000
Integration Center.
AF Eglin Air Force Base HC-Blackfyre Facilities... 0 91,000
AF Eglin Air Force Base JADC2 & Abms Test Facility 0 21,000
AF Eglin Air Force Base F-35A Development/ 0 39,000
Operational Test 2-Bay
Hangar.
AF Eglin Air Force Base Integrated Control 0 73,000
Facility.
AF Eglin Air Force Base F-35A Development Test 2- 0 35,000
Bay MX Hangar.
Germany
AF Spangdahlem Air Base F/A-22 LO/Composite Repair 22,625 22,625
Facility.
Guam
AF Joint Region Marianas Airfield Damage Repair 30,000 30,000
Warehouse.
AF Joint Region Marianas Hayman Munitions Storage 9,824 9,824
Igloos, MSA2.
AF Joint Region Marianas Munitions Storage Igloos 55,000 55,000
IV.
Hawaii
AF Maui Experimental Site Secure Integration Support 0 88,000
#3 Lab W/ Land Acquisition.
Hungary
AF Kecskemet Air Base ERI: Construct Airfield 20,564 20,564
Upgrades.
AF Kecskemet Air Base ERI: Construct Parallel 38,650 38,650
Taxiway.
Japan
AF Kadena Air Base Airfield Damage Repair 38,000 38,000
Storage Facility.
AF Kadena Air Base Helicopter Rescue OPS 168,000 83,800
Maintenance Hangar.
AF Kadena Air Base Replace Munitions 26,100 26,100
Structures.
AF Misawa Air Base Airfield Damage Repair 25,000 25,000
Facility.
AF Yokota Air Base C-130J Corrosion Control 67,000 67,000
Hangar.
AF Yokota Air Base Construct CATM Facility... 25,000 25,000
Louisiana
AF Barksdale Air Force Weapons Generation 40,000 40,000
Base Facility, Inc. 1.
AF Barksdale Air Force New Entrance Road and Gate 0 36,000
Base Complex.
Maryland
AF Joint Base Andrews Fire Crash Rescue Station. 26,000 26,000
AF Joint Base Andrews Military Working Dog 0 7,800
Kennel.
Massachusetts
AF Hanscom Air Force Base NC3 Acquisitions 66,000 66,000
Management Facility.
Nebraska
AF Offutt Air Force Base Replace Trestle F312...... 0 5,000
New Mexico
[[Page H4777]]
AF Holloman Air Force RAMS Indoor Target Flip 0 26,000
Base Facility.
AF Holloman Air Force Holloman High Speed Test 0 100,000
Base Track Recapitalization.
AF Holloman Air Force ADAL Fabrication Shop..... 0 10,600
Base
AF Kirtland Air Force High Power Electromagnetic 0 58,000
Base (HPEM) Laboratory.
AF Kirtland Air Force Laser Effects & Simulation 0 58,000
Base Laboratory.
AF Kirtland Air Force ADAL Systems & Engineering 0 22,000
Base Lab.
New Jersey
AF Joint Base McGuire-Dix- SFS OPS Confinement 0 4,500
Lakehurst Facility.
Ohio
AF Wright-Patterson Air Child Development Center.. 0 24,000
Force Base
AF Wright-Patterson Air Human Performance Wing 0 40,000
Force Base Laboratory.
AF Wright-Patterson Air Bionatronics Research 0 100,000
Force Base Center Laboratory.
Oklahoma
AF Tinker Air Force Base KC-46A 3-Bay Depot 160,000 60,000
Maintenance Hangar.
South Carolina
AF Joint Base Charleston Fire and Rescue Station... 0 30,000
South Dakota
AF Ellsworth Air Force B-21 2-Bay LO Restoration 91,000 50,000
Base Facility, Inc. 2.
AF Ellsworth Air Force B-21 ADAL Flight Simulator 24,000 24,000
Base
AF Ellsworth Air Force B-21 Field Training 47,000 47,000
Base Detachment Facility.
AF Ellsworth Air Force B-21 Formal Training Unit/ 70,000 70,000
Base AMU.
AF Ellsworth Air Force B-21 Mission Operations 36,000 36,000
Base Planning Facility.
AF Ellsworth Air Force B-21 Washrack & 65,000 65,000
Base Maintenance Hangar.
Spain
AF Moron Air Base EDI-Hot Cargo Pad......... 8,542 8,542
Tennessee
AF Arnold Air Force Base Cooling Water Expansion, 0 15,500
Rowland Creek 20009.
AF Arnold Air Force Base Add/Alter Test Cell 0 14,600
Delivery Bay.
AF Arnold Air Force Base Primary Pumping Station 0 90,518
Upgrades.
Texas
AF Joint Base San Antonio BMT Recruit Dormitory 7... 141,000 40,000
AF Joint Base San Antonio BMT Recruit Dormitory 8, 31,000 31,000
Inc. 3.
AF Joint Base San Child Development Center.. 0 29,000
Antonio--Fort Sam
Houston
AF Joint Base San Directed Energy Research 0 113,000
Antonio--Fort Sam Center.
Houston
AF Joint Base San Child Development Center.. 0 22,000
Antonio--Lackland Air
Force Base
AF Sheppard Air Force Child Development Center.. 20,000 20,000
Base
United Kingdom
AF Royal Air Force EDI: Construct DABS-FEV 94,000 94,000
Fairford Storage.
AF Royal Air Force F-35A Child Development 0 24,000
Lakenheath Center.
AF Royal Air Force F-35A Munition Inspection 31,000 31,000
Lakenheath Facility.
AF Royal Air Force F-35A Weapons Load 49,000 49,000
Lakenheath Training Facility.
Utah
AF Hill Air Force Base GBSD Organic Software 31,000 31,000
Sustain Ctr, Inc. 2.
Virginia
AF Joint Base Langley- Fuel Systems Maintenance 0 24,000
Eustis Dock.
Worldwide Unspecified
AF Various Worldwide EDI: Planning & Design.... 648 25,648
Locations
AF Various Worldwide PDI: Planning & Design.... 27,200 52,200
Locations
AF Various Worldwide Planning & Design......... 201,453 161,453
Locations
AF Various Worldwide Planning & Design for 0 20,000
Locations Dormitories and Barracks.
AF Various Worldwide Intelligence, 0 20,000
Locations Surveillance, and
Reconnaissance
Infrastructure Planning
and Design.
AF Various Worldwide Unspecified Minor Military 58,884 58,884
Locations Construction.
........................
Military Construction, Air Force Total 2,102,690 3,265,368
......................
Alabama
Def-Wide Fort Rucker 10 MW RICE Generator Plant 24,000 24,000
and Microgrid Controls.
Belgium
Def-Wide Chievres Air Force Europe West District 15,000 15,000
Base Superintendent's Office.
California
Def-Wide Camp Pendleton Veterinary Treatment 13,600 13,600
Facility Replacement.
Def-Wide Naval Amphibious Base SOF ATC Operations Support 21,700 21,700
Coronado Facility.
Def-Wide Naval Amphibious Base SOF NSWG11 Operations 12,000 12,000
Coronado Support Facility.
Def-Wide Marine Corps Air Additional LFG Power Meter 4,054 4,054
Station Miramar Station.
Def-Wide Naval Air Weapons Solar Energy Storage 9,120 9,120
Station China Lake System.
Def-Wide Naval Amphibious Base SOF Training Command...... 0 20,500
Coronado
Colorado
Def-Wide Buckley Air Force Base JCC Expansion............. 20,000 20,000
District of Columbia
Def-Wide Joint Base Anacostia- DIA HQ Cooling Towers and 0 2,257
Bolling Cond Pumps.
Def-Wide Joint Base Anacostia- PV Carports............... 0 29,004
Bolling
Florida
[[Page H4778]]
Def-Wide MacDill Air Force Base Transmission and Switching 22,000 22,000
Stations.
Georgia
Def-Wide Fort Benning 4.8 MW Generation and 17,593 17,593
Microgrid.
Def-Wide Fort Benning SOF Battalion Headquarters 62,000 62,000
Facility.
Def-Wide Fort Stewart 10 MW Generation Plant, 22,000 22,000
With Microgrid Controls.
Def-Wide Kings Bay Naval Electrical Transmission 19,314 19,314
Submarine Base and Distribution.
Germany
Def-Wide Ramstein Air Base Ramstein Middle School.... 93,000 93,000
Guam
Def-Wide Naval Base Guam Inner Apra Harbor 38,300 38,300
Resiliency Upgrades Ph1.
Hawaii
Def-Wide Joint Base Pearl Veterinary Treatment 29,800 29,800
Harbor-Hickam Facility Replacement.
Idaho
Def-Wide Mountain Home Air Water Treatment Plant and 33,800 33,800
Force Base Pump Station.
Japan
Def-Wide Iwakuni Fuel Pier................. 57,700 57,700
Def-Wide Kadena Air Base Operations Support 24,000 24,000
Facility.
Def-Wide Kadena Air Base Truck Unload Facilities... 22,300 22,300
Def-Wide Misawa Air Base Additive Injection Pump 6,000 6,000
and Storage Sys.
Def-Wide Naval Air Facility Smart Grid for Utility and 3,810 3,810
Atsugi Facility Controls.
Def-Wide Yokota Air Base Hangar/AMU................ 108,253 53,000
Kuwait
Def-Wide Camp Arifjan Microgrid Controller, 1.25 15,000 15,000
MW Solar PV, and 1.5 MWH
Battery.
Maryland
Def-Wide Bethesda Naval MEDCEN Addition / 153,233 153,233
Hospital Alteration, Inc. 5.
Def-Wide Fort Meade NSAW Mission OPS and 94,000 94,000
Records Center Inc. 1.
Def-Wide Fort Meade NSAW Recap Building 4, 104,100 104,100
Inc. 1.
Def-Wide Fort Meade SOF Operations Facility... 100,000 100,000
Michigan
Def-Wide Camp Grayling 650 KW Gas-Fired Micro- 5,700 5,700
Turbine Generation System.
Mississippi
Def-Wide Camp Shelby 10 MW Generation Plant an 0 34,500
Feeder Level Microgrid
System.
Def-Wide Camp Shelby Electrical Distribution 0 11,155
Infrastructure
Undergrounding Hardening
Project.
Missouri
Def-Wide Fort Leonard Wood Hospital Replacement, Inc. 160,000 160,000
4.
New Mexico
Def-Wide Kirtland Air Force Environmental Health 8,600 8,600
Base Facility Replacement.
New York
Def-Wide Fort Drum Wellfield Expansion 0 27,000
Resiliency Project.
North Carolina
Def-Wide Fort Bragg 10 MW Microgrid Utilizing 19,464 19,464
Existing and New
Generators.
Def-Wide Fort Bragg Fort Bragg Emergency Water 0 7,705
System.
North Dakota
Def-Wide Cavalier Air Force Pcars Emergency Power 0 24,150
Station Plant Fuel Storage.
Ohio
Def-Wide Springfield-Beckley Base-Wide Microgrid With 4,700 4,700
Municipal Airport Natural Gas Generator,
Photovaltaic, and Battery
Storage.
Puerto Rico
Def-Wide Fort Allen Microgrid Conrol System, 0 12,190
690 KW PV, 275 KW Gen,
570 Kwh Bess.
Def-Wide Punta Borinquen Ramey Unit School 84,000 84,000
Replacement.
Def-Wide Ramey Unit School Microgrid Conrol System, 0 10,120
460 KW PV, 275 KW
Generator, 660 Kwh Bess.
Tennessee
Def-Wide Memphis International PV Arrays and Battery 4,780 4,780
Airport Storage.
Texas
Def-Wide Joint Base San Antonio Ambulatory Care Center Ph 35,000 35,000
4.
United Kingdom
Def-Wide Menwith Hill Station Rafmh Main Gate 20,000 20,000
Rehabilitation.
Def-Wide Royal Air Force Hospital Replacement- 19,283 19,283
Lakenheath Temporary Facilities.
Virginia
Def-Wide Fort Belvoir Veterinary Treatment 29,800 29,800
Facility Replacement.
Def-Wide National Geospatial North Campus East 0 5,299
Intelligence Agency Electrical System
Springfield Redundancy.
Def-Wide Pentagon Consolidated Maintenance 20,000 20,000
Complex (RRMC).
Def-Wide Pentagon Force Protection Perimeter 8,608 8,608
Enhancements.
Def-Wide Pentagon Public Works Support 21,935 21,935
Facility.
Def-Wide Various Locations Led Upgrade Package....... 365 365
Def-Wide Various Locations Recommisioning of Hvac 2,600 2,600
Systems, Part B.
Washington
Def-Wide Oak Harbor ACC / Dental Clinic (Oak 59,000 59,000
Harbor).
Worldwide Unspecified
Def-Wide Unspecified Worldwide DIA Planning and Design... 11,000 11,000
Locations
Def-Wide Unspecified Worldwide DODEA Planning and Design. 13,317 13,317
Locations
Def-Wide Unspecified Worldwide DODEA Unspecified Minor 8,000 8,000
Locations Construction.
Def-Wide Unspecified Worldwide ERCIP Design.............. 40,150 40,150
Locations
Def-Wide Unspecified Worldwide Exercise Related Minor 5,615 5,615
Locations Construction.
[[Page H4779]]
Def-Wide Unspecified Worldwide INDOPACOM--Planning and 0 68,200
Locations Design.
Def-Wide Unspecified Worldwide MDA Unspecified Minor 4,435 4,435
Locations Construction.
Def-Wide Unspecified Worldwide NSA Planning and Design... 83,840 83,840
Locations
Def-Wide Unspecified Worldwide NSA Unspecified Minor 12,000 12,000
Locations Construction.
Def-Wide Unspecified Worldwide Planning and Design....... 14,194 14,194
Locations
Def-Wide Unspecified Worldwide SOCOM Unspecified Minor 21,746 21,746
Locations Construction.
Def-Wide Unspecified Worldwide TJS Planning and Design... 2,000 2,000
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Def-Wide Unspecified Worldwide WHS Planning and Design... 5,275 5,275
Locations
Def-Wide Various Worldwide DHA Planning and Design... 35,099 35,099
Locations
Def-Wide Various Worldwide DLA Planning and Design... 20,862 20,862
Locations
Def-Wide Various Worldwide DLA Unspecified Minor 6,668 6,668
Locations Construction.
Def-Wide Various Worldwide SOCOM Planning and Design. 20,576 20,576
Locations
........................
Military Construction, Defense-Wide Total 1,957,289 2,154,116
......................
Worldwide Unspecified
NATO NATO Security NATO Security Investment 205,853 205,853
Investment Program Program.
........................
NATO Security Investment Program Total 205,853 205,853
......................
Alaska
Army NG Joint Base Elmendorf- Planning and Design for 0 5,000
Richardson National Guard Readiness
Center.
California
Army NG Beale Air Force Base 940 ARW SQ OPS & AMU 0 33,000
Complex.
Connecticut
Army NG Putnam National Guard Readiness 17,500 17,500
Center.
Georgia
Army NG Fort Benning Post-Initial Mil. Training 13,200 13,200
Unaccomp. Housing.
Guam
Army NG Barrigada National Guard Readiness 34,000 34,000
Center Addition.
Idaho
Army NG Jerome National Guard Readiness 15,000 15,000
Center.
Illinois
Army NG Bloomington National Guard Vehicle 15,000 15,000
Maintenance Shop.
Kansas
Army NG Topeka National Guard/Reserve 16,732 16,732
Center Building.
Louisiana
Army NG Camp Minden Collective Training 0 13,800
Unaccompanied Housing.
Army NG Lake Charles National Guard Readiness 18,500 18,500
Center.
Maine
Army NG Saco National Guard Vehicle 21,200 21,200
Maintenance Shop.
Michigan
Army NG Camp Grayling National Guard Readiness 0 16,000
Center.
Mississippi
Army NG Camp Shelby Maneuver Area Training 0 15,500
Equipment Site.
Montana
Army NG Butte National Guard Readiness 16,000 16,000
Center.
Nebraska
Army NG Camp Ashland Collective Training 0 11,000
Unaccompanied Housing.
North Dakota
Army NG Dickinson National Guard Readiness 15,500 15,500
Center.
South Carolina
Army NG Mcentire Joint Hazardous Cargo Pad....... 0 9,000
National Guard Base
Virginia
Army NG Troutville Combined Support 6,900 6,900
Maintenance Shop Addition.
Army NG Troutville National Guard Readiness 6,100 6,100
Center Addition.
Army NG Virginia Army National Aircraft Maintenance 0 5,805
Guard Sandston Hangar.
Worldwide Unspecified
Army NG Unspecified Worldwide Planning and Design....... 22,000 28,000
Locations
Army NG Unspecified Worldwide Unspecified Minor 39,471 39,471
Locations Construction.
........................
Military Construction, Army National Guard Total 257,103 372,208
......................
Michigan
Army Res Southfield Area Maintenance Support 12,000 12,000
Activity.
Ohio
[[Page H4780]]
Army Res Wright-Patterson Air AR Center Training 19,000 19,000
Force Base Building/ UHS.
Wisconsin
Army Res Fort McCoy Transient Training BN HQ.. 12,200 12,200
Army Res Fort McCoy Transient Training 0 29,200
Enlisted Barracks.
Army Res Fort McCoy Transient Training 0 29,200
Enlisted Barracks.
Army Res Fort McCoy Transient Training 0 24,000
Enlisted Barracks.
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design....... 7,167 7,167
Locations
Army Res Unspecified Worldwide Unspecified Minor 14,544 14,544
Locations Construction.
........................
Military Construction, Army Reserve Total 64,911 147,311
......................
Michigan
N/MC Res Battle Creek Reserve Center & Vehicle 49,090 49,090
Maintenance Facility.
Minnesota
N/MC Res Minneapolis Joint Reserve Intelligence 14,350 14,350
Center.
Worldwide Unspecified
N/MC Res Unspecified Worldwide MCNR Planning & Design.... 1,257 1,257
Locations
N/MC Res Unspecified Worldwide MCNR Unspecified Minor 2,359 1,359
Locations Construction.
N/MC Res Unspecified Worldwide USMCR Planning and Design. 4,748 4,748
Locations
........................
Military Construction, Naval Reserve Total 71,804 70,804
......................
Deleware
Air NG Newcastle Air National Replace Fuel Cell/ 0 17,500
Guard Base Corrosion Control Hangar.
Idaho
Air NG Boise Air National Medical Training Facility. 0 6,500
Guard Base
Illinois
Air NG Abraham Capital Civil Engineering Facility 0 10,200
Airport
Massachusetts
Air NG Barnes Air National Combined Engine/ASE/NDI 12,200 12,200
Guard Shop.
Michigan
Air NG Alpena County Regional Aircraft Maintenance 23,000 23,000
Airport Hangar/Shops.
Air NG W. K. Kellog Regional Construct Main Base 10,000 10,000
Airport Entrance.
Mississippi
Air NG Jackson International Fire Crash and Rescue 9,300 9,300
Airport Station.
New York
Air NG Schenectady Municipal C-130 Flight Simulator 10,800 10,800
Airport Facility.
Ohio
Air NG Camp Perry Red Horse Logistics 7,800 7,800
Complex.
South Carolina
Air NG Mcentire Joint F-16 Mission Training 9,800 9,800
National Guard Base Center.
South Dakota
Air NG Joe Foss Field F-16 Mission Training 9,800 9,800
Center.
Wisconsin
Air NG Truax Field F-35 3-Bay Specialized 31,000 31,000
Hangar.
Air NG Truax Field Medical Readiness Facility 13,200 13,200
Worldwide Unspecified
Air NG Unspecified Worldwide Unspecified Minor 29,068 29,068
Locations Construction.
Air NG Various Worldwide Planning and Design....... 18,402 34,402
Locations
Wyoming
Air NG Cheyenne Municipal Combined Vehicle 13,400 13,400
Airport Maintenance & ASE Complex.
........................
Military Construction, Air National Guard Total 197,770 247,970
......................
Florida
AF Res Homestead Air Force Corrosion Control Facility 14,000 14,000
Reserve Base
AF Res Patrick Air Force Base Simulator C-130J.......... 18,500 18,500
Minnesota
AF Res Minneapolis-St Paul Mission Support Group 14,000 14,000
International Airport Facility.
New York
AF Res Niagara Falls Air Main Gate................. 10,600 10,600
Reserve Station
Ohio
AF Res Youngstown Air Reserve Assault Strip Widening.... 0 8,700
Station
Worldwide Unspecified
AF Res Unspecified Worldwide Planning & Design......... 5,830 5,830
Locations
AF Res Unspecified Worldwide Unspecified Minor Military 15,444 15,444
Locations Construction.
........................
Military Construction, Air Force Reserve Total 78,374 87,074
[[Page H4781]]
......................
Italy
FH Con Army Vicenza Family Housing New 92,304 92,304
Construction.
Kwajalein Atoll
FH Con Army Kwajalein Atoll Family Housing Replacement 0 10,000
Construction.
Pennsylvania
FH Con Army Tobyhanna Army Depot Family Housing Replacement 0 7,500
Construction.
Puerto Rico
FH Con Army Fort Buchanan Family Housing Replacement 0 14,000
Construction.
Worldwide Unspecified
FH Con Army Unspecified Worldwide Family Housing P & D...... 7,545 22,545
Locations
........................
Family Housing Construction, Army Total 99,849 146,349
......................
Worldwide Unspecified
FH Ops Army Unspecified Worldwide Furnishings............... 18,077 18,077
Locations
FH Ops Army Unspecified Worldwide Housing Privitization 38,404 38,404
Locations Support.
FH Ops Army Unspecified Worldwide Leasing................... 128,110 128,110
Locations
FH Ops Army Unspecified Worldwide Maintenance............... 111,181 111,181
Locations
FH Ops Army Unspecified Worldwide Management................ 42,850 42,850
Locations
FH Ops Army Unspecified Worldwide Miscellaneous............. 556 556
Locations
FH Ops Army Unspecified Worldwide Services.................. 8,277 8,277
Locations
FH Ops Army Unspecified Worldwide Utilities................. 43,772 43,772
Locations
........................
Family Housing Operation And Maintenance, Army Total 391,227 391,227
......................
Worldwide Unspecified
FH Con Navy Unspecified Worldwide Construction Improvements. 71,884 71,884
Locations
FH Con Navy Unspecified Worldwide Planning & Design......... 3,634 3,634
Locations
FH Con Navy Unspecified Worldwide USMC DPRI/Guam Planning 2,098 2,098
Locations and Design.
........................
Family Housing Construction, Navy And Marine Corps Total 77,616 77,616
......................
Worldwide Unspecified
FH Ops Navy Unspecified Worldwide Furnishings............... 16,537 16,537
Locations
FH Ops Navy Unspecified Worldwide Housing Privatization 54,544 54,544
Locations Support.
FH Ops Navy Unspecified Worldwide Leasing................... 62,567 62,567
Locations
FH Ops Navy Unspecified Worldwide Maintenance............... 95,417 95,417
Locations
FH Ops Navy Unspecified Worldwide Management................ 54,083 54,083
Locations
FH Ops Navy Unspecified Worldwide Miscellaneous............. 285 285
Locations
FH Ops Navy Unspecified Worldwide Services.................. 17,637 17,637
Locations
FH Ops Navy Unspecified Worldwide Utilities................. 56,271 56,271
Locations
........................
Family Housing Operation And Maintenance, Navy And Marine Corps Total 357,341 357,341
......................
Georgia
FH Con AF Robins Air Force Base Robins 2 MHPI Restructure. 6,000 6,000
Nebraska
FH Con AF Offutt Air Force Base Offutt MHPI Restructure... 50,000 50,000
Worldwide Unspecified
FH Con AF Unspecified Worldwide Construction Improvements. 49,258 49,258
Locations
FH Con AF Unspecified Worldwide Planning & Design......... 10,458 10,458
Locations
........................
Family Housing Construction, Air Force Total 115,716 115,716
......................
Worldwide Unspecified
[[Page H4782]]
FH Ops AF Unspecified Worldwide Furnishings............... 26,842 26,842
Locations
FH Ops AF Unspecified Worldwide Housing Privatization..... 23,275 23,275
Locations
FH Ops AF Unspecified Worldwide Leasing................... 9,520 9,520
Locations
FH Ops AF Unspecified Worldwide Maintenance............... 141,754 141,754
Locations
FH Ops AF Unspecified Worldwide Management................ 70,062 70,062
Locations
FH Ops AF Unspecified Worldwide Miscellaneous............. 2,200 2,200
Locations
FH Ops AF Unspecified Worldwide Services.................. 8,124 8,124
Locations
FH Ops AF Unspecified Worldwide Utilities................. 43,668 43,668
Locations
........................
Family Housing Operation And Maintenance, Air Force Total 325,445 325,445
......................
Worldwide Unspecified
FH Ops DW Unspecified Worldwide DIA Furnishings........... 656 656
Locations
FH Ops DW Unspecified Worldwide DIA Leasing............... 31,430 31,430
Locations
FH Ops DW Unspecified Worldwide DIA Utilities............. 4,166 4,166
Locations
FH Ops DW Unspecified Worldwide Maintenance............... 49 49
Locations
FH Ops DW Unspecified Worldwide NSA Furnishings........... 83 83
Locations
FH Ops DW Unspecified Worldwide NSA Leasing............... 13,387 13,387
Locations
FH Ops DW Unspecified Worldwide NSA Utilities............. 14 14
Locations
........................
Family Housing Operation And Maintenance, Defense-Wide Total 49,785 49,785
......................
Worldwide Unspecified
FHIF Unspecified Worldwide Administrative Expenses-- 6,081 6,081
Locations FHIF.
........................
Unaccompanied Housing Improvement Fund Total 6,081 6,081
......................
Worldwide Unspecified
UHIF Unspecified Worldwide Administrative Expenses-- 494 494
Locations UHIF.
........................
Unaccompanied Housing Improvement Fund Total 494 494
......................
Worldwide Unspecified
BRAC Base Realignment & Base Realignment and 65,301 115,301
Closure, Army Closure.
........................
Base Realignment and Closure--Army Total 65,301 115,301
......................
Worldwide Unspecified
BRAC Unspecified Worldwide Base Realignment & Closure 111,155 161,155
Locations
........................
Base Realignment and Closure--Navy Total 111,155 161,155
......................
Worldwide Unspecified
BRAC Unspecified Worldwide DOD BRAC Activities--Air 104,216 154,216
Locations Force.
........................
Base Realignment and Closure--Air Force Total 104,216 154,216
......................
Worldwide Unspecified
BRAC Unspecified Worldwide Int-4: DLA Activities..... 3,967 3,967
Locations
........................
Base Realignment and Closure--Defense-wide Total 3,967 3,967
......................
Total, Military Construction 9,847,031 13,420,950
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
[[Page H4783]]
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2022 House
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy........................ 149,800 149,800
Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities.................. 15,484,295 15,944,295
Defense nuclear nonproliferation.... 1,934,000 1,994,500
Naval reactors...................... 1,860,705 1,860,705
Federal salaries and expenses....... 464,000 464,000
Total, National Nuclear Security 19,743,000 20,263,500
Administration...........................
Environmental and other defense
activities:
Defense environmental cleanup....... 6,841,670 6,848,170
Other defense activities............ 1,170,000 920,000
Total, Environmental & other defense 8,011,670 7,768,170
activities...............................
Total, Atomic Energy Defense Activities... 27,754,670 28,031,670
Total, Discretionary Funding.............. 27,904,470 28,181,470
Nuclear Energy
Idaho sitewide safeguards and security.... 149,800 149,800
Total, Nuclear Energy..................... 149,800 149,800
Stockpile Management
Stockpile Major Modernization
B61-12 Life extension program......... 771,664 771,664
W88 Alteration Program................ 207,157 207,157
W80-4 Life extension program.......... 1,080,400 1,080,400
W80-4 ALT SLCM........................ 10,000 10,000
W87-1 Modification Program............ 691,031 691,031
W93 Program........................... 72,000 72,000
Total, Stockpile Major Modernization...... 2,832,252 2,832,252
Stockpile services
Production Operations............... 568,941 568,941
Stockpile Sustainment............... 1,180,483 1,128,483
No funds for B83 service life [-52,000]
extension........................
Weapons Dismantlement and 51,000 51,000
Disposition........................
Subtotal, Stockpile Services.............. 1,800,424 1,748,424
Total, Stockpile Management............... 4,632,676 4,580,676
Weapons Activities
Production Modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos Plutonium Modernization
Los Alamos Plutonium Operations... 660,419 660,419
21-D-512 Plutonium Pit Production 350,000 350,000
Project, LANL....................
Subtotal, Los Alamos Plutonium 1,010,419 1,010,419
Modernization............................
Savannah River Plutonium
Modernization
Savannah River Plutonium 128,000 128,000
Operations.......................
21-D-511 Savannah River Plutonium 475,000 475,000
Processing Facility, SRS.........
Subtotal, Savannah River Plutonium 603,000 603,000
Modernization............................
Enterprise Plutonium Support........ 107,098 107,098
Total, Plutonium Modernization............ 1,720,517 1,720,517
High Explosives and Energetics........ 68,785 68,785
Total, Primary Capability Modernization... 1,789,302 1,789,302
Secondary Capability Modernization...... 488,097 488,097
Tritium and Domestic Uranium Enrichment. 489,017 489,017
Non-Nuclear Capability Modernization.... 144,563 144,563
Total, Production Modernization........... 2,910,979 2,910,979
Stockpile Research, Technology, and
Engineering
Assessment Science...................... 689,578 689,578
Engineering and Integrated Assessments.. 336,766 351,766
Program increase for plutonium aging [15,000]
assessments..........................
Inertial Confinement Fusion............. 529,000 600,000
Program Increase...................... [71,000]
Advanced Simulation and Computing....... 747,012 747,012
Weapon Technology and Manufacturing 292,630 292,630
Maturation.............................
Academic Programs....................... 85,645 85,645
Total, Stockpile Research, Technology, and 2,680,631 2,766,631
Engineering..............................
Infrastructure and Operations
Operations of facilities................ 1,014,000 1,014,000
Safety and environmental operations..... 165,354 165,354
Maintenance and repair of facilities.... 670,000 1,020,000
Program increase...................... [350,000]
[[Page H4784]]
Recapitalization:
Infrastructure and safety............. 508,664 508,664
Capability based investments.......... 143,066 143,066
Total, Recapitalization................... 651,730 651,730
Construction:
22-D-513 Power Sources Capability, SNL 13,827 13,827
21-D-510, HE Synthesis, Formulation, 44,500 44,500
and Production Facility, PX..........
18-D-690, Lithium Processing Facility, 171,902 171,902
Y-12.................................
18-D-650, Tritium Finishing Facility, 27,000 27,000
SRS..................................
17-D-640, U1a Complex Enhancements 135,000 135,000
Project, NNSS........................
15-D-302, TA-55 Reinvestment Project-- 27,000 27,000
Phase 3, LANL........................
06-D-141, Uranium Processing Facility, 524,000 600,000
Y-12.................................
Program increase.................... [76,000]
04-D-125, Chemistry and Metallurgy 138,123 138,123
Research Replacement Project, LANL...
22-D-514 Digital Infrastructure 8,000 8,000
Capability Expansion.................
Total, Construction....................... 1,089,352 1,165,352
Total, Infrastructure and operations...... 3,590,436 4,016,436
Secure transportation asset
Operations and equipment................ 213,704 213,704
Program direction....................... 123,060 123,060
Total, Secure transportation asset........ 336,764 336,764
Defense Nuclear Security
Construction:........................... 824,623 824,623
17-D-710 West end protected area 23,000 23,000
reduction project, Y-12..............
Total, Defense nuclear security........... 847,623 847,623
Information technology and cybersecurity.. 406,530 406,530
Legacy contractor pensions................ 78,656 78,656
Total, Weapons Activities................. 15,484,295 15,944,295
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation Programs
Global material security
International nuclear security........ 79,939 79,939
Domestic radiological security........ 158,002 158,002
International radiological security... 85,000 85,000
Nuclear smuggling detection and 175,000 175,000
deterrence...........................
Total, Global material security........... 497,941 497,941
Material management and minimization
Conversion............................ 100,660 100,660
Nuclear material removal.............. 42,100 42,100
Material disposition.................. 200,186 200,186
Total, Material management & minimization. 342,946 342,946
Nonproliferation and arms control....... 184,795 184,795
National Technical Nuclear Forensics R&D 45,000 45,000
Defense nuclear nonproliferation R&D
Proliferation Detection............... 269,407 299,407
Nuclear verification and detection, [30,000]
next-gen technologies..............
Nuclear Detonation Detection.......... 271,000 271,000
Nonproliferation Stewardship Program.. 87,329 105,829
Program increase.................... [18,500]
Total, Defense nuclear nonproliferation 627,736 676,236
R&D......................................
Nonproliferation Construction:
18-D-150 Surplus Plutonium Disposition 156,000 149,500
Project, SRS.........................
Program decrease.................... [-6,500]
Total, Nonproliferation construction...... 156,000 149,500
Total, Defense Nuclear Nonproliferation 1,854,418 1,896,418
Programs.................................
Legacy contractor pensions................ 38,800 38,800
Nuclear counterterrorism and incident 356,185 374,685
response program.........................
Program increase........................ [18,500]
Emergency Operations...................... 14,597 14,597
Use of prior-year MOX balances............ -330,000 -330,000
Total, Defense Nuclear Nonproliferation... 1,934,000 1,994,500
Naval Reactors
Naval reactors development................ 635,684 635,684
Columbia-Class reactor systems development 55,000 55,000
S8G Prototype refueling................... 126,000 126,000
Naval reactors operations and 599,017 599,017
infrastructure...........................
[[Page H4785]]
Construction:
22-D-532 Security Upgrades KL........... 5,100 5,100
22-D-531 KL Chemistry & Radiological 41,620 41,620
Health Building........................
14-D-901 Spent Fuel Handling 348,705 348,705
Recapitalization Project, NRF..........
Use of prior year balances.............. -6,000 -6,000
Total, Construction....................... 389,425 389,425
Program direction......................... 55,579 55,579
Total, Naval Reactors..................... 1,860,705 1,860,705
Federal Salaries And Expenses
Program direction......................... 464,000 464,000
Total, Office Of The Administrator........ 464,000 464,000
Defense Environmental Cleanup
Closure sites:
Closure sites administration............ 3,987 3,987
Richland:
River corridor and other cleanup 196,000 196,000
operations.............................
Central plateau remediation............. 689,776 689,776
Richland community and regulatory 5,121 5,121
support................................
Construction:
18-D-404 Modification of Waste 8,000 8,000
Encapsulation and Storage Facility...
22-D-401 L-888, 400 Area Fire Station. 15,200 15,200
22-D-402 L-897, 200 Area Water 12,800 12,800
Treatment Facility...................
Total, Construction....................... 36,000 36,000
Total, Hanford site....................... 926,897 926,897
Office of River Protection:
Waste Treatment Immobilization Plant 50,000 50,000
Commissioning..........................
Rad liquid tank waste stabilization and 817,642 817,642
disposition............................
Tank farm activities.................... 0
Construction:
18-D-16 Waste treatment and 586,000 586,000
immobilization plant--LBL/Direct feed
LAW..................................
01-D-16D High-Level Waste Facility.... 60,000 60,000
01-D-16E Pretreatment Facility........ 20,000 20,000
Total, Construction....................... 666,000 666,000
ORP Low-level waste offsite disposal.... 7,000 7,000
Total, Office of River Protection......... 1,540,642 1,540,642
Idaho National Laboratory:
Idaho cleanup and waste disposition..... 358,925 358,925
Idaho excess facilities R&D
Idaho community and regulatory support.. 2,658 2,658
Construction:
22-D-403 Idaho Spent Nuclear Fuel 3,000 3,000
Staging Facility...................
22-D-404 Additional ICDF Landfill 5,000 5,000
Disposal Cell and Evaporation Ponds
Project............................
Total, Construction....................... 8,000 8,000
Total, Idaho National Laboratory.......... 369,583 369,583
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory.. 1,806 1,806
LLNL Excess Facilities D&D.............. 35,000 35,000
Nuclear facility D & D
Separations Process Research Unit..... 15,000 15,000
Nevada................................ 60,737 60,737
Sandia National Laboratories.......... 4,576 4,576
Los Alamos National Laboratory........ 275,119 275,119
Los Alamos Excess Facilities D&D...... 58,381 58,381
Total, NNSA sites and Nevada off-sites.... 450,619 450,619
Oak Ridge Reservation:
OR Nuclear facility D & D............... 274,923 274,923
Total, OR Nuclear facility D & D.......... 274,923 274,923
U233 Disposition Program................ 55,000 55,000
OR cleanup and disposition.............. 73,725 73,725
Construction:
17-D-401 On-site waste disposal 12,500 12,500
facility...........................
Total, Construction....................... 12,500 12,500
Total, OR cleanup and waste disposition... 141,225 141,225
OR community & regulatory support....... 5,096 5,096
OR technology development and deployment 3,000 3,000
Total, Oak Ridge Reservation.............. 424,244 424,244
Savannah River Sites:
[[Page H4786]]
Savannah River risk management
operations
Nuclear Material.................... 312,760 312,760
Solid Waste Stabilization and 45,968 45,968
Disposition........................
Soil and Water Remediation.......... 55,439 55,439
Risk Reduction Deactivation and 21,000 21,000
Surveillance.......................
Infrastructure and Land Management.. 17,557 17,557
Construction:
18-D-402 Emergency Operations Center 8,999 8,999
Replacement, SR....................
Total, risk management operations......... 461,723 461,723
Savannah River Legacy Pensions.......... 130,882 130,882
SR community and regulatory support..... 5,805 12,305
Program increase...................... [6,500]
Radioactive liquid tank waste 890,865 890,865
stabilization and disposition..........
Construction:
20-D-401 Saltstone Disposal Unit 19,500 19,500
#10, 11, 12........................
19-D-701 SR Security sytem 5,000 5,000
replacement........................
18-D-402 Saltstone Disposal Unit #8/ 68,000 68,000
9..................................
Total, Construction....................... 92,500 92,500
Total, Savannah River site................ 1,581,775 1,588,275
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant............. 350,424 350,424
Construction:
15-D-411 Safety significant 55,000 55,000
confinement ventilation system, WIPP.
15-D-412 Exhaust Shaft, WIPP.......... 25,000 25,000
Total, Construction....................... 80,000 80,000
Total, Waste Isolation Pilot Plant........ 430,424 430,424
Program direction......................... 293,106 293,106
Program support........................... 62,979 62,979
Technology development.................... 25,000 25,000
Safeguards and Security................... 316,744 316,744
Federal Contribution to the Uranium 415,670 415,670
Enrichment D&D Fund......................
Total, Defense Environmental Cleanup...... 6,841,670 6,848,170
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and security 130,809 130,809
Program direction....................... 75,511 75,511
Total, Environment, Health, safety and 206,320 206,320
security.................................
Independent enterprise assessments
Independent enterprise assessments...... 27,335 27,335
Program direction....................... 56,049 56,049
Total, Independent enterprise assessments. 83,384 83,384
Specialized security activities........... 283,500 283,500
Office of Legacy Management
Legacy management....................... 408,797 158,797
Rejection of proposed transfer of [-250,000]
FUSRAP...............................
Program direction....................... 19,933 19,933
Total, Office of Legacy Management........ 428,730 178,730
Defense related administrative support.... 163,710 163,710
Office of hearings and appeals............ 4,356 4,356
Subtotal, Other defense activities........ 1,170,000 920,000
Total, Other Defense Activities........... 1,170,000 920,000
------------------------------------------------------------------------
DIVISION E--NON-DEPARTMENT OF DEFENSE MATTERS
TITLE L--BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION
MODERNIZATION ACT
SEC. 5001. SHORT TITLE.
This title may be cited as the ``Barry Goldwater
Scholarship and Excellence in Education Modernization Act of
2021''.
SEC. 5002. CLARIFYING AMENDMENTS TO DEFINITIONS.
Section 1403 of the Barry Goldwater Scholarship and
Excellence in Education Act (20 U.S.C. 4702) is amended--
(1) by striking paragraph (5) and inserting the following:
``(5) The term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
the United States Virgin Islands, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau.''; and
(2) in paragraph (6), by inserting ``, a resident of a
State,'' after ``national of the United States''.
SEC. 5003. BARRY GOLDWATER SCHOLARSHIP AND EXCELLENCE IN
EDUCATION AWARDS.
(a) Award of Scholarships, Fellowships, and Research
Internships.--Section 1405(a) of the Barry Goldwater
Scholarship and Excellence in Education Act (20 U.S.C.
4704(a)) is amended--
(1) in the subsection heading, by striking ``Award of
Scholarships and Fellowships'' and inserting ``Award of
Scholarships, Fellowships, and Research Internships'';
(2) in paragraph (1)--
(A) by striking ``scholarships and fellowships'' and
inserting ``scholarships, fellowships, and research
internships''; and
(B) by striking ``science and mathematics'' and inserting
``the natural sciences, engineering, and mathematics'';
(3) in paragraph (2), by striking ``mathematics and the
natural sciences'' and inserting ``the natural sciences,
engineering, and mathematics, which shall be prioritized for
students attending community colleges and minority-serving
institutions specified in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a))'';
(4) in paragraph (3), by striking ``mathematics and the
natural sciences'' and inserting ``the
[[Page H4787]]
natural sciences, engineering, and mathematics'';
(5) by redesignating paragraph (4) as paragraph (5);
(6) in paragraph (5), as so redesignated, by striking
``scholarships and fellowships'' and inserting
``scholarships, fellowships, and research internships''; and
(7) by inserting after paragraph (3) the following:
``(4) Research internships shall be awarded to outstanding
undergraduate students who intend to pursue careers in the
natural sciences, engineering, and mathematics, which shall
be prioritized for students attending community colleges and
minority-serving institutions specified in section 371(a) of
the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).''.
(b) Barry Goldwater Scholars and Research Interns.--Section
1405(b) of the Barry Goldwater Scholarship and Excellence in
Education Act (20 U.S.C. 4704(b)) is amended--
(1) in the subsection heading, by adding ``and Research
Interns'' after ``Scholars''; and
(2) by adding at the end the following: ``Recipients of
research internships under this title shall be known as
`Barry Goldwater Interns'.''.
SEC. 5004. STIPENDS.
Section 1406 of the Barry Goldwater Scholarship and
Excellence in Education Act (20 U.S.C. 4705) is amended by
adding at the end the following: ``Each person awarded a
research internship under this title shall receive a stipend
as may be prescribed by the Board, which shall not exceed the
maximum stipend amount awarded for a scholarship or
fellowship.''.
SEC. 5005. SCHOLARSHIP AND RESEARCH INTERNSHIP CONDITIONS.
Section 1407 of the Barry Goldwater Scholarship and
Excellence in Education Act (20 U.S.C. 4706) is amended--
(1) in the section heading, by inserting ``and research
internship'' after ``scholarship'';
(2) in subsection (a), by striking the subsection heading
and inserting ``Scholarship Conditions'';
(3) in subsection (b), by striking the subsection heading
and inserting ``Reports on Scholarships''; and
(4) by adding at the end the following:
``(c) Research Internship Conditions.--A person awarded a
research internship under this title may receive payments
authorized under this title only during such periods as the
Foundation finds that the person is maintaining satisfactory
proficiency and is not engaging in gainful employment other
than employment approved by the Foundation pursuant to
regulations of the Board.
``(d) Reports on Research Internships.--The Foundation may
require reports containing such information in such form and
to be filed at such times as the Foundation determines to be
necessary from any person awarded a research internship under
this title. Such reports may be accompanied by a certificate
from an appropriate official at the institution of higher
education or internship employer, approved by the Foundation,
stating that such person is maintaining satisfactory progress
in the internship, and is not engaged in gainful employment,
except as otherwise provided in subsection (c).''.
SEC. 5006. SUSTAINABLE INVESTMENTS OF FUNDS.
Section 1408 of the Barry Goldwater Scholarship and
Excellence in Education Act (20 U.S.C. 4707) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Investment in Securities.--Notwithstanding subsection
(b), the Secretary of the Treasury may invest up to 40
percent of any public or private funds received by the
Foundation after the date of enactment of the Barry Goldwater
Scholarship and Excellence in Education Modernization Act of
2021 in securities other than public debt securities of the
United States, if--
``(1) the Secretary receives a determination from the Board
that such investments are necessary to enable the Foundation
to carry out the purposes of this title; and
``(2) the securities in which such funds are invested are
traded in established United States markets.
``(d) Construction.--Nothing in this section shall be
construed to limit the authority of the Board to increase the
number of scholarships provided under section 4704, or to
increase the amount of the stipend authorized by section
4705, as the Board considers appropriate and is otherwise
consistent with the requirements of this title.''.
SEC. 5007. ADMINISTRATIVE PROVISIONS.
Section 1411(a) of the Barry Goldwater Scholarship and
Excellence in Education Act (20 U.S.C. 4710(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) appoint and fix the rates of basic pay of not more
than three employees (in addition to the Executive Secretary
appointed under section 4709) to carry out the provisions of
this title, without regard to the provisions in chapter 33 of
title 5, United States Code, governing appointment in the
competitive service or the provisions of chapter 51 and
subchapter III of chapter 53 of such title, except that--
``(A) a rate of basic pay set under this paragraph may not
exceed the maximum rate provided for employees in grade GS-15
of the General Schedule under section 5332 of title 5, United
States Code; and
``(B) the employee shall be entitled to the applicable
locality-based comparability payment under section 5304 of
title 5, United States Code, subject to the applicable
limitation established under subsection (g) of such
section;'';
(2) in paragraph (2), by striking ``grade GS-18 under
section 5332 of such title'' and inserting ``level IV of the
Executive Schedule'';
(3) in paragraph (7), by striking ``and'' at the end;
(4) by redesignating paragraph (8) as paragraph (10); and
(5) by inserting after paragraph (7) the following:
``(8) expend not more than 5 percent of the Foundation's
annual operating budget on programs that, in addition to or
in conjunction with the Foundation's scholarship financial
awards, support the development of Goldwater Scholars
throughout their professional careers;
``(9) expend not more than 5 percent of the Foundation's
annual operating budget to pay the costs associated with
fundraising activities, including public and private
gatherings; and''.
TITLE LI--FINANCIAL SERVICES MATTERS
SEC. 5101. ENHANCED PROTECTION AGAINST DEBT COLLECTOR
HARASSMENT OF SERVICEMEMBERS.
(a) Communication in Connection With Debt Collection.--
Section 805 of the Fair Debt Collection Practices Act (15
U.S.C. 1692c) is amended by adding at the end the following:
``(e) Communications Concerning Servicemember Debts.--
``(1) Definition.--In this subsection, the term `covered
member' means--
``(A) a covered member or a dependent as defined in section
987(i) of title 10, United States Code; and
``(B)(i) an individual who was separated, discharged, or
released from duty described in such section 987(i)(1), but
only during the 365-day period beginning on the date of
separation, discharge, or release; or
``(ii) a person, with respect to an individual described in
clause (i), described in subparagraph (A), (D), (E), or (I)
of section 1072(2) of title 10, United States Code.
``(2) Prohibitions.--A debt collector may not, in
connection with the collection of any debt of a covered
member--
``(A) threaten to have the covered member reduced in rank;
``(B) threaten to have the covered member's security
clearance revoked; or
``(C) threaten to have the covered member prosecuted under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice).''.
(b) Unfair Practices.--Section 808 of the Fair Debt
Collection Practices Act (15 U.S.C. 1692f) is amended by
adding at the end the following:
``(9) The representation to any covered member (as defined
under section 805(e)(1)) that failure to cooperate with a
debt collector will result in--
``(A) a reduction in rank of the covered member;
``(B) a revocation of the covered member's security
clearance; or
``(C) prosecution under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice).''.
SEC. 5102. COMPTROLLER GENERAL STUDY ON ENHANCED PROTECTION
AGAINST DEBT COLLECTOR HARASSMENT OF
SERVICEMEMBERS.
(a) Study.--The Comptroller General of the United States
shall conduct a study of the effects of the amendments made
by section 5101 on--
(1) the timely delivery of information to a covered member
(as defined in section 805(e) of the Fair Debt Collection
Practices Act, as added by such section);
(2) military readiness; and
(3) national security, including the extent to which
covered members with security clearances would be affected by
uncollected debt.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit
to the Committee on Financial Services, the Committee on
Armed Services, and Committee on Transportation and
Infrastructure of the House of Representatives a report on
the study required under subsection (a).
SEC. 5103. SUPPORT TO ENHANCE THE CAPACITY OF INTERNATIONAL
MONETARY FUND MEMBERS TO EVALUATE THE LEGAL AND
FINANCIAL TERMS OF SOVEREIGN DEBT CONTRACTS.
(a) In General.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p-262p-13) is amended by
adding at the end the following:
``SEC. 1630. SUPPORT TO ENHANCE THE CAPACITY OF FUND MEMBERS
TO EVALUATE THE LEGAL AND FINANCIAL TERMS OF
SOVEREIGN DEBT CONTRACTS.
``The Secretary of the Treasury shall instruct the United
States Executive Director at the International Monetary Fund
to use the voice and vote of the United States to advocate
that the Fund promote international standards and best
practices with respect to sovereign debt contracts and
provide technical assistance to Fund members, and in
particular to lower middle-income countries and countries
eligible to receive assistance from the International
Development Association, seeking to enhance their capacity to
evaluate the legal and financial terms of sovereign debt
contracts with multilateral, bilateral, and private sector
creditors.''.
(b) Report to the Congress.--Within 1 year after the date
of the enactment of this Act, and annually thereafter for the
next 4 years, the Secretary of the Treasury shall report to
the Committee on Financial Services of the House of
Representatives and the Committee on Foreign Relations of the
Senate on--
(1) the activities of the International Monetary Fund in
the then most recently completed fiscal year to provide
technical assistance described in section 1630 of the
International Financial Institutions Act, including the
ability of the Fund to meet the demand for the assistance;
and
[[Page H4788]]
(2) the efficacy of efforts by the United States to achieve
the policy goal described in such section and any further
actions that should be taken, if necessary, to implement that
goal.
(c) Sunset.--The amendment made by subsection (a) shall
have no force or effect after the 5-year period that begins
with the date of the enactment of this Act.
SEC. 5104. ADVERSE INFORMATION IN CASES OF TRAFFICKING.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C.
1681 et seq.) is amended by inserting after section 605B the
following:
``Sec. 605C. Adverse information in cases of trafficking
``(a) In General.--A consumer reporting agency may not
furnish a consumer report containing any adverse item of
information about a consumer that resulted from a severe form
of trafficking in persons or sex trafficking if the consumer
has provided trafficking documentation to the consumer
reporting agency.
``(b) Rulemaking.--
``(1) In general.--The Director shall, not later than 180
days after the date of the enactment of this section, issue a
rule to implement subsection (a).
``(2) Contents.--The rule issued pursuant to paragraph (1)
shall establish a method by which consumers shall submit
trafficking documentation to consumer reporting agencies.
``(c) Definitions.--
``(1) Trafficking documentation.--The term trafficking
documentation means--
``(A) documentation of either--
``(i) a determination by a Federal or State government
entity that a consumer is a victim of trafficking; or
``(ii) a determination by a court of competent jurisdiction
that a consumer is a victim of trafficking; and
``(B) documentation that identifies items of adverse
information that should not be furnished by a consumer
reporting agency because the items resulted from the severe
form of trafficking in persons or sex trafficking of which
such consumer is a victim.
``(2) Victim of trafficking.--For the purposes of this
section, the term ``victim of trafficking'' means a person
who is a victim of a severe form of trafficking in persons or
sex trafficking, as such terms are defined in section 103 of
the Trafficking Victims Protection Act of 2000.''.
(b) Table of Contents Amendment.--The table of contents of
the Fair Credit Reporting Act is amended by inserting after
the item relating to section 605B the following new item:
``605C. Adverse information in cases of trafficking.''.
(c) Effective Date.--The amendments made by this section
shall apply on the date that is 30 days after the date on
which the Director of the Bureau of Consumer Financial
Protection issues a rule pursuant to section 605C(b) of the
Fair Credit Reporting Act.
SEC. 5105. UNITED STATES POLICY REGARDING INTERNATIONAL
FINANCIAL INSTITUTION ASSISTANCE WITH RESPECT
TO ADVANCED WIRELESS TECHNOLOGIES.
(a) In General.--The Secretary of the Treasury (in this
section referred to as the ``Secretary'') shall instruct the
United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of
the International Financial Institutions Act) that it is the
policy of the United States to--
(1) support assistance by the institution with respect to
advanced wireless technologies (such as 5th generation
wireless technology for digital cellular networks and related
technologies) only if the technologies provide appropriate
security for users;
(2) proactively encourage assistance with respect to
infrastructure or policy reforms that facilitate the use of
secure advanced wireless technologies; and
(3) cooperate, to the maximum extent practicable, with
member states of the institution, particularly with United
States allies and partners, in order to strengthen
international support for such technologies.
(b) Waiver Authority.--The Secretary may waive subsection
(a) on a case-by-case basis, on reporting to the Committee on
Financial Services of the House of Representatives and the
Committee on Foreign Relations of the Senate that the
waiver--
(1) will allow the United States to effectively promote the
objectives of the policy described in subsection (a); or
(2) is in the national interest of the United States, with
an explanation of the reasons therefor.
(c) Progress Report.--The Chairman of the National Advisory
Council on International Monetary and Financial Policies
shall include in the annual report required by section 1701
of the International Financial Institutions Act a description
of progress made toward advancing the policy described in
subsection (a) of this section.
(d) Sunset.--The preceding provisions of this section shall
have no force or effect after the earlier of--
(1) the date that is 7 years after the date of the
enactment of this Act; or
(2) the date that the Secretary reports to the committees
specified in subsection (b) that terminating the
effectiveness of the provisions is important to the national
interest of the United States, with a detailed explanation of
the reasons therefor.
TITLE LII--RECOMMENDATIONS OF THE NATIONAL SECURITY COMMISSION ON
ARTIFICIAL INTELLIGENCE
SEC. 5201. MODIFICATION OF NATIONAL DEFENSE SCIENCE AND
TECHNOLOGY STRATEGY.
Section 218(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1679) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``Not later than February 4, 2019, the Secretary of Defense
shall develop a strategy'' and inserting ``The Under
Secretary of Defense for Research and Engineering, pursuant
to guidance provided by the Deputy Secretary of Defense for
purposes of this section and in coordination with the
entities specified in paragraph (3), shall develop a
strategy--'';
(B) in subparagraph (A), by striking ``and'' at the end;
(C) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(C) to establish an integrated and enduring approach to
the identification, prioritization, development, and fielding
of emerging capabilities and technologies, including
artificial intelligence-enabled applications.'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``be aligned with the
National Defense Strategy and'' and inserting ``inform the
development of each National Defense Strategy under section
113(g) of title 10, United States Code, and be aligned
with'';
(B) in subparagraph (B), in the matter preceding clause
(i), by inserting ``investments,'' after ``goals,'';
(C) in subparagraph (C), by striking ``and'' at the end;
(D) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(E) by adding at the end the following new subparagraphs:
``(E) identify critical capabilities and technological
applications required to address operational challenges
outlined in the National Defense Strategy;
``(F) assess existing capabilities and technologies,
including dual-use commercial technologies;
``(G) based on the determinations made under subparagraphs
(E) and (F), inform the agenda of the Department's research
and development organizations, including the Defense Advanced
Research Projects Agency, the defense laboratories,
university affiliated research centers, and federally funded
research and development centers, by identifying potentially
disruptive and useful technologies and applications that
warrant long-term, exploratory investment;
``(H) employ a portfolio management approach for pursuing
such technologies and applications;
``(I) build a framework for the rapid integration of
existing capabilities and technologies to close near-term
capability gaps;
``(J) provide informed consideration of which technical
areas the Department should be working to advance, and which
areas the Department should work to incorporate commercial
technology; and
``(K) develop a consistent and transparent approach to
strategic defense technology priorities to enable industry to
invest deliberately in emerging technologies to build and
broaden the capabilities of the industrial base.''.
(3) by striking paragraphs (3) and (4);
(4) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively;
(5) by inserting after paragraph (2) the following new
paragraphs:
``(3) Coordination.--The Under Secretary of Defense for
Research and Engineering shall develop the strategy under
paragraph (1) in coordination with relevant entities within
the Office of the Secretary of Defense, the military
departments, the research organizations of Defense Agencies
and Department of Defense Field Activities, the intelligence
community, defense and technology industry partners, research
and development partners, other Federal research agencies,
and allies and partners of the United States.
``(4) Considerations.--In developing the strategy under
paragraph (1), the Under Secretary of Defense for Research
and Engineering shall--
``(A) be informed by the operational challenges identified
in the National Defense Strategy and the technological
threats and opportunities identified through the global
technology review and assessment activities of the Department
of Defense, the intelligence community, and other technology
partners;
``(B) support the deliberate development of capabilities
based on military requirements and the opportunistic
development of capabilities based on emerging technologies;
``(C) synchronize and integrate the perspectives of members
of the covered Armed Forces and technologists;
``(D) work to align the Department of Defense and the
intelligence community to improve interoperability and
promote efficiencies;
``(E) balance investments based on near-term and long-term
time horizons and technology maturation, including--
``(i) mature and commercially available technologies and
applications to address near-term capability gaps and
operational requirements;
``(ii) disruptive technologies to enable transformative
capabilities and operational concepts over the longer-term;
and
``(iii) foundational research and development and
technologies required for long-term innovation;
``(F) provide strategic guidance to the research,
engineering, and acquisition communities of the Department of
Defense and to the defense and technology industries that
support the Department; and
``(G) consider the ethical and responsible development and
use of emerging technologies.
``(5) Reports and updates.--
``(A) Initial report.--Not later than 60 days after the
date on which the Under Secretary of Defense for Research and
Engineering completes the development of the initial strategy
under
[[Page H4789]]
paragraph (1), the Under Secretary shall submit to the
congressional defense committees a report that includes such
strategy.
``(B) Subsequent reports and updates.--Not later than the
first Monday in February of the year following each fiscal
year during which the National Defense Strategy is submitted
under section 113(g) of title 10, United States Code, the
Under Secretary of Defense for Research and Engineering shall
submit to the congressional defense committees a report that
includes an updated version of the strategy under paragraph
(1). Each update to such strategy shall be prepared for
purposes of such report based on emerging requirements,
technological developments in the United States, and
technical intelligence derived from global technology reviews
conducted by the Secretary of Defense
``(C) Form of reports.--The reports submitted under
subparagraphs (A) and (B) shall be submitted in unclassified
form, but may include a classified annex.'';
(6) in paragraph (6), as so redesignated--
(A) by striking ``14 days'' and inserting ``90 days''; and
(B) by striking ``the Secretary'' and inserting ``the Under
Secretary of Defense for Research and Engineering''; and
(7) by adding at the end the following new paragraph:
``(8) Covered armed force defined.--In this section, the
term `covered Armed Force' means the Army, Navy, Air Force,
Marine Corps, and Space Force.''.
SEC. 5202. DEPARTMENT OF DEFENSE PLAN TO COMPETE IN THE
GLOBAL INFORMATION ENVIRONMENT.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report containing the plan of the
Secretary for the Department of Defense to compete and win in
the global information environment. Such plan shall address
the global information environment as an arena of competition
that is vital to the national security and defense of the
United States.
(b) Issues to Be Addressed.--The report required by
subsection (a) shall address each of the following:
(1) How the Department will prioritize the global
information environment as an arena for international
competition, including a plan for how it will support the
larger whole-of-government efforts.
(2) How adversarial foreign countries and non-state actors
are attempting to define and control the global information
environment to shape global opinion and achieve strategic
advantage.
(3) The critical role of artificial intelligence-enabled
malign information in the efforts of adversarial foreign
countries and non-state actors to shape global opinion and
achieve strategic advantage.
(4) Actions to defend, counter, and compete against malign
information operations as a national security threat while
proactively influencing and deterring adversaries in the
global information environment, including a prioritization of
such actions.
(5) If the Secretary determines necessary, critical weapon
systems and infrastructure designations to update sector-
specific plans to reflect emerging technologies.
(6) An evaluation of the sufficiency of Department of
Defense organizational structures and resources to counter
and compete against threats and challenges in the global
information environment.
SEC. 5203. RESOURCING PLAN FOR DIGITAL ECOSYSTEM.
(a) Plan Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
develop a plan detailing the requisite investments required
to develop and implement Department of Defense strategy and
guidance documents for a modern, robust digital ecosystem.
(b) Documents for Implementation.--The plan required under
subsection (a) shall include a description of the aggregated
and consolidated financial and personnel requirements
necessary to implement each of the following Department of
Defense documents:
(1) The Department of Defense Digital Modernization
Strategy.
(2) The Department of Defense Data Strategy.
(3) The Department of Defense Cloud Strategy.
(4) The Department of Defense Software Modernization
Strategy.
(5) The Department-wide software science and technology
strategy required under section 255 of the National Defense
Authorization Act for Fiscal Year 2020.
(6) The Department of Defense Artificial Intelligence Data
Initiative.
(7) The Joint All-Domain Command and Control Strategy.
(8) Such other documents as the Secretary determines
appropriate.
(c) Contents of Plan.--The plan required under subsection
(a) shall include each of the following:
(1) A description of the resources, personnel, processes,
reforms, and other requisite components to enable
development, testing, fielding, and continuous update of
artificial intelligence-powered applications at speed and
scale from headquarters to the tactical edge.
(2) An evolving reference design and guidance for needed
technical investments in the proposed digital ecosystem that
addresses issues, including common interfaces,
authentication, applications, platforms, software, hardware,
and data infrastructure.
(3) A governance structure, together with associated
policies and guidance, to drive the implementation of the
plan throughout the Department of Defense on a federated
basis.
(d) Submission to Congress.--Not later than seven days
after the completion of the plan required under subsection
(a), the Secretary of Defense shall submit the plan to the
congressional defense committees.
SEC. 5204. DIGITAL TALENT RECRUITING OFFICER.
(a) Digital Talent Recruiting for the Department of
Defense.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
designate a chief digital recruiting officer within the
office of the Under Secretary of Defense for Personnel and
Readiness to carry out the responsibilities set forth in
paragraph (2).
(2) Responsibilities.--The chief digital recruiting officer
shall be responsible for--
(A) identifying Department of Defense needs for, and skills
gaps in, specific types of civilian digital talent;
(B) recruiting individuals with the skill that meet the
needs and skills gaps identified in paragraph (2)(A), in
partnership with the military services and defense
components, including by attending conferences and career
fairs, and actively recruiting on university campuses and
from the private sector;
(C) ensuring Federal scholarship for service programs are
incorporated into civilian recruiting strategies;
(D) when appropriate and within authority granted under
other Federal law, offering recruitment and referral bonuses;
and
(E) partnering with human resource teams in the military
services and defense components to help train all Department
of Defense human resources staff on the available hiring
flexibilities to accelerate the hiring of individuals with
the skills that fill the needs and skills gaps identified in
paragraph (2)(A).
(3) Resources.--The Secretary of Defense shall ensure that
the chief digital recruiting officer is provided with
personnel and resources sufficient to carry out the duties
set forth in paragraph (2).
(4) Role of chief human capital officer.--
(A) In general.--The chief digital recruiting officer shall
report directly to the Chief Human Capital Officer.
(B) Incorporation.--The Chief Human Capital Officer shall
ensure that the chief digital recruiting officer is
incorporated into the agency human capital operating plan and
recruitment strategy. In carrying out this paragraph, the
Chief Human Capital Officer shall ensure that the chief
digital recruiting officer's responsibilities are
deconflicted with any other recruitment initiatives and
programs.
(b) Digital Talent Defined.--For the purposes of this
section, the term ``digital talent'' includes positions and
capabilities in, or related to, software development,
engineering, and product management; data science; artificial
intelligence; autonomy; data management; product and user
experience design; and cybersecurity.
SEC. 5205. OCCUPATIONAL SERIES FOR DIGITAL CAREER FIELDS.
Not later than 270 days after the date of the enactment of
this Act, the Director of the Office of Personnel Management
shall, pursuant to chapter 51 of title 5, United States Code,
establish or update one or more occupational series covering
Federal Government positions in the fields of software
development, software engineering, data science, and data
management.
SEC. 5206. ARTIFICIAL INTELLIGENCE READINESS GOALS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
review the potential applications of artificial intelligence
and digital technology to Department of Defense platforms,
processes and operations, and establish performance
objectives and accompanying metrics for the incorporation of
artificial intelligence and digital readiness into such
platforms, processes, and operations.
(b) Skills Gaps.--As a part of the review required by
subsection (a), the Secretary shall direct the military
departments and defense components to--
(1) conduct a comprehensive review of skill gaps in the
fields of software development, software engineering,
knowledge management, data science, and artificial
intelligence;
(2) assess the number and qualifications of civilian
personnel needed for both management and specialist tracks in
such fields; and
(3) establish recruiting, training, and talent management
goals to achieve and maintain staffing levels needed to fill
identified gaps and meet the Department's needs for skilled
personnel.
(c) Report to Congress.--Not later than 120 days after the
completion of the review required by subsection (a), the
Secretary shall report to Congress on the findings of the
review and any action taken or proposed to be taken by the
Secretary to address such findings.
SEC. 5207. PILOT PROGRAM TO FACILITATE THE AGILE ACQUISITION
OF TECHNOLOGIES FOR WARFIGHTERS.
(a) Establishment.--Subject to the availability of
appropriations in a program element for this purpose, the
Secretary of Defense shall establish and carry out a pilot
program to be known as the ``Warfighter Innovation Transition
Project'' (referred to in this section as the ``Project'').
Under the Project, the Secretary shall seek to make grants
to, or enter into contracts or other agreements with,
technology producers--
(1) to facilitate the agile acquisition of technologies,
including capabilities, software, and services, to support
warfighters; and
(2) to transition such technologies, including technologies
developed from pilot programs, prototype projects, or other
research and development programs, from the prototyping phase
to production for implementation within the Department of
Defense.
[[Page H4790]]
(b) Administration.--The Deputy Secretary of Defense shall
administer the Project in coordination with the Joint Staff,
the service acquisition executive of each military
department, Under Secretary of Defense for Research and
Engineering, and the Under Secretary of Defense for
Acquisition and Sustainment.
(c) Activities.--A technology producer that receives a
grant, contract, or other agreement under the Project may
conduct the following activities under such grant, contract,
or other agreement:
(1) To provide commercially available technologies to each
Secretary of a military department and commanders of
combatant commands to support warfighters.
(2) To build and strengthen relationships of the Department
of Defense with nontraditional defense contractors (as
defined in section 2302 of title 10, United States Code) in
the technology industry that may have unused or underused
solutions to the specific operational challenges of the
Department.
(d) Subsequent Awards.--A technology producer may receive a
subsequent grant, contract, or other agreement under the
Project if--
(1) the duration of such subsequent grant, contract, or
other agreement is not more than three years; and
(2) the amount of such subsequent grant, contract, or other
agreement is not greater than $50,000,000 per fiscal year.
(e) Priority of Awards.--In providing assistance under the
Project, the Deputy Secretary of Defense shall give
preference to technology producers that--
(1) offer commercial products or commercial services, as
required by section 2377 of title 10, United States Code; and
(2) are developing a technology or a potential technology
that has received a grant, contract, or other agreement
from--
(A) the Small Business Innovation Research Program or Small
Business Technology Transfer Program (as such terms are
defined, respectively, in section 9 of the Small Business Act
(15 U.S.C. 638)); or
(B) another acquisition program of the Department of
Defense.
(f) Data Collection.--
(1) Plan required before implementation.--The Secretary of
Defense may not commence the Project until the date on which
the Secretary--
(A) completes a plan for carrying out the data collection
required under paragraph (2); and
(B) submits the plan to the congressional defense
committees.
(2) Data collection required.--The Secretary of Defense
shall collect and analyze data on the Project for the
purposes of--
(A) developing and sharing best practices for achieving the
objectives of the Project;
(B) providing information to the Secretary of Defense on
the implementation of the Project and related policy issues;
and
(C) reporting to the congressional defense committees as
required under subsection (g).
(g) Biannual Reports.--Not later than March 1 and September
1 of each year beginning after the date of the enactment of
this Act until the termination of the Project, the Secretary
of Defense, in coordination with the Joint Staff, the
applicable service acquisition executive of each military
department, Under Secretary of Defense for Research and
Engineering, and the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the congressional
defense committees a report on the use of funds under the
Project. Each such report shall include the following:
(1) An explanation how grants, contracts, or other
agreements made under the Project met mission requirements
during the period covered by the report, including--
(A) the value of each grant, contract, or other agreement
made under the Project;
(B) a description of the technology funded with such grant,
contract, or other agreement; and
(C) the estimate future costs of such technology for the
successful transition of such technology to implementation
within the Department of Defense.
(2) A description of the capabilities being tested under
the Project as of the date of the report and the proposed
path to implement such capabilities within the Department.
(3) The data and analysis required under subsection (f).
(4) A list and detailed description of lessons learned from
the Project as of the date of the report.
(h) Termination.--The Project shall terminate on December
31, 2026.
(i) Definitions.--In this section:
(1) The term ``agile acquisition'' means acquisition using
agile or iterative development.
(2) The term ``agile or iterative development''--
(A) means acquisition pursuant to a method for delivering
multiple, rapid, incremental capabilities to the user for
operational use, evaluation, and feedback not exclusively
linked to any single, proprietary method or process; and
(B) involves--
(i) the incremental development and fielding of
capabilities which can be measured in short timeframe; and
(ii) continuous participation and collaboration by users,
testers, and requirements authorities.
(3) The term ``technology producer'' means an individual or
entity engaged in the research, development, production, or
distribution of science or technology that--
(A) the Secretary of Defense determines may be of use to
the Department of Defense;
(B) at the time of receipt of a grant, contract, or other
agreement under the Project, has performed or is performing
one or more contracts with the Department of Defense, where
such contracts have a total value that does not exceed
$500,000,000.
(4) The term ``warfighter'' means a member of the Armed
Forces (other than the Coast Guard).
SEC. 5208. SHORT COURSE ON EMERGING TECHNOLOGIES FOR SENIOR
CIVILIAN LEADERS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
establish a short course on emerging technologies for senior
executive-level civilian leaders. The short course shall be
taught on an iterative, two-year cycle and shall address the
most recent, most relevant technologies and how these
technologies may be applied to military and business outcomes
in the Department of Defense.
(b) Throughput Objectives.--In assessing participation in
the short course authorized by subsection (a), the Secretary
of Defense shall ensure that--
(1) in the first year that the course is offered, no fewer
than twenty percent of senior executive-level civilian
leaders are certified as having passed the short course
required by subsection (a); and
(2) in each subsequent year, an additional ten percent of
senior executive-level civilian leaders are certified as
having passed such course, until such time as eighty percent
of such leaders are so certified.
TITLE LIII--GREAT LAKES WINTER SHIPPING
SEC. 5301. GREAT LAKES WINTER SHIPPING.
(a) Short Title.--This section may be cited as the ``Great
Lakes Winter Shipping Act of 2021''.
(b) Great Lakes Icebreaking Operations.--
(1) GAO report.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on Coast Guard icebreaking in the
Great Lakes.
(B) Elements.--The report required under subparagraph (A)
shall--
(i) evaluate--
(I) the economic impact related to vessel delays or
cancellations associated with ice coverage on the Great
Lakes;
(II) the impact the standards proposed in paragraph (2)
would have on Coast Guard operations in the Great Lakes if
such standards were adopted;
(III) the fleet mix of medium icebreakers and icebreaking
tugs necessary to meet the standards proposed in paragraph
(2); and
(IV) the resources necessary to support the fleet described
in subclause (III), including billets for crew and operating
costs; and
(ii) make recommendations to the Commandant for
improvements to the Great Lakes icebreaking program,
including with respect to facilitating shipping and meeting
all Coast Guard mission needs.
(2) Proposed standards for icebreaking operations.--The
proposed standards, the impact of the adoption of which is
evaluated in subclauses (II) and (III) of paragraph
(1)(B)(i), are the following:
(A) Except as provided in subparagraph (B), that ice-
covered waterways in the Great Lakes shall be open to
navigation not less than 90 percent of the hours that vessels
engaged in commercial service and ferries attempt to transit
such ice-covered waterways.
(B) In a year in which the Great Lakes are not open to
navigation as described in subparagraph (A) because of ice of
a thickness that occurs on average only once every 10 years,
ice-covered waterways in the Great Lakes shall be open to
navigation at least 70 percent of the hours that vessels
engaged in commercial service and ferries attempt to transit
such ice-covered waterways.
(3) Report by commandant.--Not later than 90 days after the
date on which the Comptroller General submits the report
under paragraph (1), the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that includes the
following:
(A) A plan for Coast Guard implementation of any
recommendation made by the Comptroller General under
paragraph (1)(B)(ii) with which the Commandant concurs.
(B) With respect to any recommendation made under paragraph
(1)(B)(ii) with which the Commandant does not concur, an
explanation of the reasons why the Commandant does not
concur.
(C) A review of, and a proposed implementation plan for,
the results of the fleet mix analysis under paragraph
(1)(B)(i)(III).
(D) Any proposed modifications to current Coast Guard
Standards for icebreaking operations in the Great Lakes.
(4) Pilot program.--During the 5 ice seasons following the
date of enactment of this Act, the Coast Guard shall conduct
a pilot program to determine the extent to which the current
Coast Guard Great Lakes icebreaking cutter fleet can meet the
proposed standards described in paragraph (2).
(c) Data on Icebreaking Operations in the Great Lakes.--
(1) In general.--The Commandant shall collect, during ice
season, archive, and disseminate data on icebreaking
operations and transits on ice-covered waterways in the Great
Lakes of vessels engaged in commercial service and ferries.
(2) Elements.--Data collected, archived, and disseminated
under paragraph (1) shall include the following:
(A) Voyages by vessels engaged in commercial service and
ferries to transit ice-covered waterways in the Great Lakes
that are delayed or cancelled because of the nonavailability
of a suitable icebreaking vessel.
[[Page H4791]]
(B) Voyages attempted by vessels engaged in commercial
service and ferries to transit ice-covered waterways in the
Great Lakes that do not reach their intended destination
because of the nonavailability of a suitable icebreaking
vessel.
(C) The period of time that each vessel engaged in
commercial service or ferry was delayed in getting underway
or during a transit of ice-covered waterways in the Great
Lakes due to the nonavailability of a suitable icebreaking
vessel.
(D) The period of time elapsed between each request for
icebreaking assistance by a vessel engaged in commercial
service or ferry and the arrival of a suitable icebreaking
vessel and whether such icebreaking vessel was a Coast Guard
or commercial asset.
(E) The percentage of hours that Great Lakes ice-covered
waterways were open to navigation, as defined by this
section, while vessels engaged in commercial service and
ferries attempted to transit such waterways for each ice
season after the date of enactment of this section.
(F) Relevant communications of each vessel engaged in
commercial service or ferry with the Coast Guard or
commercial icebreaking service providers with respect to
subparagraphs (A) through (D).
(G) A description of any mitigating circumstance, such as
Coast Guard Great Lakes icebreaker diversions to higher
priority missions, that may have contributed to the amount of
time described in subparagraphs (C) and (D) or the percentage
of time described in subparagraph (E).
(3) Voluntary reporting.--Any reporting by operators of
commercial vessels engaged in commercial service or ferries
under this Act shall be voluntary.
(4) Public availability.--The Commandant shall make the
data collected, archived and disseminated under this
subsection available to the public on a publicly accessible
internet website of the Coast Guard.
(5) Consultation with industry.--With respect to the Great
Lakes icebreaking operations of the Coast Guard and the
development of the data collected, archived, and disseminated
under this subsection, the Commandant shall consult operators
of vessel engaged in commercial service and ferries.
(6) Definitions.--In this subsection:
(A) Vessel.--The term ``vessel'' has the meaning given such
term in section 3 of title 1, United States Code.
(B) Commercial service.--The term ``commercial service''
has the meaning given such term in section 2101(4) of title
46, United States Code.
(C) Great lakes.--The term ``Great Lakes''--
(i) has the meaning given such term in section 118 of the
Federal Water Pollution Control Act (33 U.S.C. 1268); and
(ii) includes harbors adjacent to such waters.
(D) Ice-covered waterway.--The term ``ice-covered
waterway'' means any portion of the Great Lakes, as defined
by subparagraph (C), in which vessels engaged in commercial
service or ferries operate that is 70 percent or greater
covered by ice, but does not include any waters adjacent to
piers or docks for which commercial icebreaking services are
available and adequate for the ice conditions.
(E) Open to navigation.--The term ``open to navigation''
means navigable to the extent necessary to meet the
reasonable demands of shipping, minimize delays to passenger
ferries, extricate vessels and persons from danger, prevent
damage due to flooding, and conduct other Coast Guard
missions as required.
(F) Reasonable demands of shipping.--The term ``reasonable
demands of shipping'' means the safe movement of vessels
engaged in commercial service and ferries transiting ice-
covered waterways in the Great Lakes to their intended
destination, regardless of type of cargo.
(d) Great Lakes Icebreaker Acquisition.--Of the amounts
authorized to be appropriated under section 4902(2)(A)(ii) of
title 14, United States Code--
(1) for fiscal year 2022, $350,000,000 shall be made
available to the Commandant for the acquisition of a Great
Lakes icebreaker at least as capable as Coast Guard Cutter
Mackinaw (WLBB-30); and
(2) for fiscal year 2023, $20,000,000 shall be made
available to the Commandant for the design and selection of
icebreaking cutters for operation in the Great Lakes, the
Northeastern United States, and the Arctic, as appropriate,
that are at least as capable as the Coast Guard 140-foot
icebreaking tugs.
(e) Prohibition on Contract or Use of Funds for Development
of Common Hull Design.--Section 8105 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283) is amended by striking subsection
(b) and inserting the following:
``(b) Report.--Not later than 90 days after the date of the
enactment of this subsection, the Commandant shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representative a report on the operational
benefits and limitations of a common hull design for
icebreaking cutters for operation in the Great Lakes, the
Northeastern United States, and the Arctic, as appropriate,
that are at least as capable as the Coast Guard 140-foot
icebreaking tugs.''.
TITLE LX--OTHER MATTERS
SEC. 6001. FAA RATING OF CIVILIAN PILOTS OF THE DEPARTMENT OF
DEFENSE.
(a) Eligibility for Certain Ratings.--Not later than 18
months after the date of the enactment of this Act, the
Administrator of the Federal Aviation Administration shall
revise section 61.73 of title 14, Code of Federal Regulations
to ensure that a Department of Defense civilian pilot is
eligible for a rating based on qualifications earned as a
Department of Defense pilot, pilot instructor, or pilot
examiner in the same manner that a military pilot is eligible
for such a rating based on qualifications earned as a
military pilot, pilot instructor, or pilot examiner.
(b) Definitions.--In this section:
(1) The term ``Department of Defense civilian pilot''--
(A) means an individual, other than a military pilot, who
is employed as a pilot by the Department of Defense; and
(B) does not include a contractor of the Department of
Defense.
(2) The term ``military pilot'' means a military pilot, as
such term is used in section 61.73 of title 14, Code of
Federal Regulations (as in effect on the date of the
enactment of this Act).
SEC. 6002. PROPERTY DISPOSITION FOR AFFORDABLE HOUSING.
Section 5334(h)(1) of title 49, United States Code, is
amended to read as follows:
``(1) In general.--If a recipient of assistance under this
chapter decides an asset acquired under this chapter at least
in part with that assistance is no longer needed for the
purpose for which such asset was acquired, the Secretary may
authorize the recipient to transfer such asset to--
``(A) a local governmental authority to be used for a
public purpose with no further obligation to the Government
if the Secretary decides--
``(i) the asset will remain in public use for at least 5
years after the date the asset is transferred;
``(ii) there is no purpose eligible for assistance under
this chapter for which the asset should be used;
``(iii) the overall benefit of allowing the transfer is
greater than the interest of the Government in liquidation
and return of the financial interest of the Government in the
asset, after considering fair market value and other factors;
and
``(iv) through an appropriate screening or survey process,
that there is no interest in acquiring the asset for
Government use if the asset is a facility or land; or
``(B) a local governmental authority, nonprofit
organization, or other third party entity to be used for the
purpose of transit-oriented development with no further
obligation to the Government if the Secretary decides--
``(i) the asset is a necessary component of a proposed
transit-oriented development project;
``(ii) the transit-oriented development project will
increase transit ridership;
``(iii) at least 40 percent of the housing units offered in
the transit-oriented development, including housing units
owned by nongovernmental entities, are legally binding
affordability restricted to tenants with incomes at or below
60 percent of the area median income and owners with incomes
at or below 60 percent the area median income, which shall
include at least 20 percent of such housing units offered
restricted to tenants with incomes at or below 30 percent of
the area median income and owners with incomes at or below 30
percent the area median income;
``(iv) the asset will remain in use as described in this
section for at least 30 years after the date the asset is
transferred; and
``(v) with respect to a transfer to a third party entity--
``(I) a local government authority or nonprofit
organization is unable to receive the property;
``(II) the overall benefit of allowing the transfer is
greater than the interest of the Government in liquidation
and return of the financial interest of the Government in the
asset, after considering fair market value and other factors;
and
``(III) the third party has demonstrated a satisfactory
history of construction or operating an affordable housing
development.''.
SEC. 6003. REQUIREMENT TO ESTABLISH A NATIONAL NETWORK FOR
MICROELECTRONICS RESEARCH AND DEVELOPMENT.
Section 9903(b)(1) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021
(Public Law 116-283) is amended in the matter preceding
subparagraph (A) by striking ``may'' and inserting ``shall''.
SEC. 6004. DEFINITION OF STATE FOR PURPOSES OF OMNIBUS CRIME
CONTROL AND SAFE STREETS ACT OF 1968.
Section 901(a)(2) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10251(a)(2)) is
amended by striking ``Northern Mariana Islands'' and all that
follows through ``Commonwealth of the Northern Mariana
Islands.'' and inserting ``Northern Mariana Islands;''.
SEC. 6005. ADVANCING MUTUAL INTERESTS AND GROWING OUR
SUCCESS.
(a) Nonimmigrant Traders and Investors.--For purposes of
clauses (i) and (ii) of section 101(a)(15)(E) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)),
Portugal shall be considered to be a foreign state described
in such section if the Government of Portugal provides
similar nonimmigrant status to nationals of the United
States.
(c) Modification of Eligibility Criteria for E Visas.--
Section 101(a)(15)(E) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(E)) is amended--
(1) in the matter preceding clause (i)--
(A) by inserting ``(or, in the case of an alien who
acquired the relevant nationality through a financial
investment and who has not previously been granted status
under this subparagraph, the foreign state of which the alien
is a national and in which the alien has been domiciled for a
continuous period of not less than 3 years at any point
before applying for a nonimmigrant visa under this
subparagraph)'' before ``, and the spouse''; and
(B) by striking ``him'' and inserting ``such alien''; and
[[Page H4792]]
(2) by striking ``he'' each place such term appears and
inserting ``the alien''.
SEC. 6006. DEPARTMENT OF VETERANS AFFAIRS GOVERNORS CHALLENGE
GRANT PROGRAM.
(a) Governors Challenge Program.--The Secretary of Veterans
Affairs shall carry out a grant program to be known as the
``Governors Challenge Program'' under which the Secretary
shall provide technical assistance to States and American
Indian and Alaska Native tribes for the development of
veteran suicide prevention activities.
(b) Governors Challenge Implementation Grant Program.--
(1) Authority.--The Secretary of Veterans Affairs shall
carry out a grant program, to be known as the ``Governors
Challenge Implementation Grant Program'' under which the
Secretary shall make grants to eligible entities for the
purpose of developing and implementing plans developed by the
entities to prevent veteran suicides.
(2) Eligible entities.--For purposes of the grant program
under paragraph (1), an eligible entity is a State or an
American Indian or Alaska Native tribe--
(A) that--
(i) in the case of a State, develops a veteran suicide
prevention plan, known as a ``Governors Challenge Action
Plan''; or
(ii) in the case of an American Indian or Alaska Native
tribe, develops a veteran suicide prevention plan; and
(B) that submits to the Secretary a proposal for the
implementation of such plan that contains such information
and assurances as the Secretary may require.
(3) Award of grant.--The Secretary shall award grants under
this subsection as follows:
(A) For fiscal year 2022, the Secretary shall award grants
to 20 eligible entities.
(B) For each of fiscal years 2023 and 2024, the Secretary
shall award grants to 24 eligible entities.
(4) Amount of grant; limitation.--
(A) Amount.--The recipient of a grant under this subsection
shall receive an amount of not more than $500,000 for any
fiscal year for a maximum of three years.
(B) Limitation on use of funds.--The recipient of a grant
under this subsection may not use more than ten percent of
the amount of the grant for administrative costs.
(5) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
carry out this subsection--
(i) $10,000,000 for fiscal year 2022;
(ii) $12,000,000 for fiscal year 2023; and
(iii) $14,000,000 for fiscal year 2024.
(B) Relationship to other amounts.--Amounts authorized to
be appropriated pursuant to subparagraph (A) shall be in
addition to any other amounts otherwise available for the
Governors Challenge Program.
SEC. 6007. FOREIGN CORRUPTION ACCOUNTABILITY.
(a) Findings.--Congress finds the following:
(1) When public officials and their allies use the
mechanisms of government to engage in extortion or bribery,
they impoverish their countries' economic health and harm
citizens.
(2) By empowering the United States Government to hold to
account foreign public officials and their associates who
engage in extortion or bribery, the United States can deter
malfeasance and ultimately serve the citizens of fragile
countries suffocated by corrupt bureaucracies.
(3) The Special Inspector General for Afghan
Reconstruction's 2016 report ``Corruption in Conflict:
Lessons from the U.S. Experience in Afghanistan'' included
the recommendation, ``Congress should consider enacting
legislation that authorizes sanctions against foreign
government officials or their associates who engage in
corruption.''.
(b) Authorization of Imposition of Sanctions.--
(1) In general.--The President may impose the sanctions
described in paragraph (2) with respect to any foreign person
who is an individual the President determines--
(A) engages in public corruption activities against a
United States person, including--
(i) soliciting or accepting bribes;
(ii) using the authority of the state to extort payments;
or
(iii) engaging in extortion; or
(B) conspires to engage in, or knowingly and materially
assists, sponsors, or provides significant financial,
material, or technological support for any of the activities
described in subparagraph (A).
(2) Sanctions described.--
(A) Inadmissibility to united states.--A foreign person who
is subject to sanctions under this section shall be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry documentation of a
foreign person who is subject to sanctions under this section
shall be revoked regardless of when such visa or other entry
documentation is issued.
(ii) Effect of revocation.--A revocation under clause (i)
shall--
(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry
documentation that is in the foreign person's possession.
(3) Exception to comply with law enforcement objectives and
agreement regarding headquarters of united nations.--
Sanctions described under paragraph (2) shall not apply to a
foreign person if admitting the person into the United
States--
(A) would further important law enforcement objectives; or
(B) is necessary to permit the United States to comply with
the Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and entered
into force November 21, 1947, between the United Nations and
the United States, or other applicable international
obligations of the United States.
(4) Termination of sanctions.--The President may terminate
the application of sanctions under this subsection with
respect to a foreign person if the President determines and
reports to the appropriate congressional committees not later
than 15 days before the termination of the sanctions that--
(A) the person is no longer engaged in the activity that
was the basis for the sanctions or has taken significant
verifiable steps toward stopping the activity;
(B) the President has received reliable assurances that the
person will not knowingly engage in activity subject to
sanctions under this part in the future; or
(C) the termination of the sanctions is in the national
security interests of the United States.
(5) Regulatory authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry
out this subsection.
(6) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on the Judiciary, the Committee on
Financial Services, and the Committee on Foreign Affairs of
the House of Representatives; and
(B) the Committee on the Judiciary, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Foreign Relations of the Senate.
(c) Reports to Congress.--
(1) In general.--The President shall submit to the
appropriate congressional committees, in accordance with
paragraph (2), a report that includes--
(A) a list of each foreign person with respect to whom the
President imposed sanctions pursuant to subsection (b) during
the year preceding the submission of the report;
(B) the number of foreign persons with respect to which the
President--
(i) imposed sanctions under subsection (b)(1) during that
year; and
(ii) terminated sanctions under subsection (b)(4) during
that year;
(C) the dates on which such sanctions were imposed or
terminated, as the case may be;
(D) the reasons for imposing or terminating such sanctions;
(E) the total number of foreign persons considered under
subsection (b)(3) for whom sanctions were not imposed; and
(F) recommendations as to whether the imposition of
additional sanctions would be an added deterrent in
preventing public corruption.
(2) Dates for submission.--
(A) Initial report.--The President shall submit the initial
report under paragraph (1) not later than 120 days after the
date of the enactment of this Act.
(B) Subsequent reports.--The President shall submit a
subsequent report under paragraph (1) on December 10, or the
first day thereafter on which both Houses of Congress are in
session, of--
(i) the calendar year in which the initial report is
submitted if the initial report is submitted before December
10 of that calendar year; and
(ii) each calendar year thereafter.
(3) Form of report.--
(A) In general.--Each report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(B) Exception.--The name of a foreign person to be included
in the list required by paragraph (1)(A) may be submitted in
the classified annex authorized by subparagraph (A) only if
the President--
(i) determines that it is vital for the national security
interests of the United States to do so; and
(ii) uses the annex in a manner consistent with
congressional intent and the purposes of this Act.
(4) Public availability.--
(A) In general.--The unclassified portion of the report
required by paragraph (1) shall be made available to the
public, including through publication in the Federal
Register.
(B) Nonapplicability of confidentiality requirement with
respect to visa records.--The President shall publish the
list required by paragraph (1)(A) without regard to the
requirements of section 222(f) of the Immigration and
Nationality Act (8 U.S.C. 1202(f)) with respect to
confidentiality of records pertaining to the issuance or
refusal of visas or permits to enter the United States.
(5) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Appropriations, the Committee on
Foreign Affairs, the Committee on Financial Services, and the
Committee on the Judiciary of the House of Representatives;
and
(B) the Committee on Appropriations, the Committee on
Foreign Relations, the Committee on Banking, Housing, and
Urban Affairs, and the Committee on the Judiciary of the
Senate.
(d) Sunset.--
(1) In general.--The authority to impose sanctions under
subsection (b) and the requirements to submit reports under
subsection (c) shall terminate on the date that is 6 years
after the date of enactment of this Act.
(2) Continuation in effect of sanctions.--Sanctions imposed
under subsection (b) on or before the date specified in
paragraph (1), and in effect as of such date, shall remain in
effect until terminated in accordance with the requirements
of subsection (b)(4).
(e) Definitions.--In this section:
[[Page H4793]]
(1) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization.
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) United states person.--The term ``United States
person'' means a person that is a United States citizen,
permanent resident alien, entity organized under the laws of
the United States or any jurisdiction within the United
States (including foreign branches), or any person in the
United States.
(4) Person.--The term ``person'' means an individual or
entity.
(5) Public corruption.--The term ``public corruption''
means the unlawful exercise of entrusted public power for
private gain, including by bribery, nepotism, fraud, or
embezzlement.
SEC. 6008. JUSTICE FOR VICTIMS OF KLEPTOCRACY.
(a) Forfeited Property.--
(1) In general.--Chapter 46 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 988. Accounting of certain forfeited property
``(a) Accounting.--The Attorney General shall make
available to the public an accounting of any property
relating to foreign government corruption that is forfeited
to the United States under section 981 or 982.
``(b) Format.--The accounting described under subsection
(a) shall be published on the website of the Department of
Justice in a format that includes the following:
``(1) A heading as follows: `Assets stolen from the people
of ______ and recovered by the United States', the blank
space being filled with the name of the foreign government
that is the target of corruption.
``(2) The total amount recovered by the United States on
behalf of the foreign people that is the target of corruption
at the time when such recovered funds are deposited into the
Department of Justice Asset Forfeiture Fund or the Department
of the Treasury Forfeiture Fund
``(c) Updated Website.--The Attorney General shall update
the website of the Department of Justice to include an
accounting of any new property relating to foreign government
corruption that has been forfeited to the United States under
section 981 or 982 not later than 14 days after such
forfeiture, unless such update would compromise an ongoing
law enforcement investigation.''.
(2) Clerical amendment.--The table of sections for chapter
46 of title 18, United States Code, is amended by adding at
the end the following:
``988. Accounting of certain forfeited property.''.
(b) Sense of Congress.--It is the sense of Congress that
recovered assets be returned for the benefit of the people
harmed by the corruption under conditions that reasonably
ensure the transparent and effective use, administration and
monitoring of returned proceeds.
SEC. 6009. EXPANSION OF SCOPE OF DEPARTMENT OF VETERANS
AFFAIRS OPEN BURN PIT REGISTRY TO INCLUDE OPEN
BURN PITS IN EGYPT AND SYRIA.
Section 201(c)(2) of the Dignified Burial and Other
Veterans' Benefits Improvement Act of 2012 (Public Law 112-
260; 38 U.S.C. 527 note) is amended, in the matter before
subparagraph (A), by striking ``or Iraq'' and inserting ``,
Iraq, Egypt, or Syria''.
SEC. 6010. EXTENSION OF PERIOD OF ELIGIBILITY BY REASON OF
SCHOOL CLOSURES DUE TO EMERGENCY AND OTHER
SITUATIONS UNDER DEPARTMENT OF VETERANS AFFAIRS
TRAINING AND REHABILITATION PROGRAM FOR
VETERANS WITH SERVICE-CONNECTED DISABILITIES.
Section 3103 of title 38, United States Code, is amended--
(1) in subsection (a), by striking ``or (g)'' and inserting
``(g), or (h)''; and
(2) by adding at the end the following new subsection:
``(h)(1) In the case of a veteran who is eligible for a
vocational rehabilitation program under this chapter and who
is prevented from participating in the vocational
rehabilitation program within the period of eligibility
prescribed in subsection (a) because of a covered reason, as
determined by the Secretary, such period of eligibility--
``(A) shall not run during the period the veteran is so
prevented from participating in such program; and
``(B) shall again begin running on a date determined by the
Secretary that is--
``(i) not earlier than the first day after the veteran is
able to resume participation in a vocational rehabilitation
program under this chapter; and
``(ii) not later than 90 days after that day.
``(2) In this subsection, a covered reason is--
``(A) the temporary or permanent closure of an educational
institution by reason of an emergency situation; or
``(B) another reason that prevents the veteran from
participating in the vocational rehabilitation program, as
determined by the Secretary.''.
SEC. 6011. EXTENSION OF TIME LIMITATION FOR USE OF
ENTITLEMENT UNDER DEPARTMENT OF VETERANS
AFFAIRS EDUCATIONAL ASSISTANCE PROGRAMS BY
REASON OF SCHOOL CLOSURES DUE TO EMERGENCY AND
OTHER SITUATIONS.
(a) Montgomery GI Bill.--Section 3031 of title 38, United
States Code, is amended--
(1) in subsection (a), by inserting ``and subsection (i)''
after ``through (g)''; and
(2) by adding at the end the following new subsection:
``(i)(1) In the case of an individual eligible for
educational assistance under this chapter who is prevented
from pursuing the individual's chosen program of education
before the expiration of the 10-year period for the use of
entitlement under this chapter otherwise applicable under
this section because of a covered reason, as determined by
the Secretary, such 10-year period--
``(A) shall not run during the period the individual is so
prevented from pursuing such program; and
``(B) shall again begin running on a date determined by the
Secretary that is--
``(i) not earlier than the first day after the individual
is able to resume pursuit of a program of education with
educational assistance under this chapter; and
``(ii) not later than 90 days after that day.
``(2) In this subsection, a covered reason is--
``(A) the temporary or permanent closure of an educational
institution by reason of an emergency situation; or
``(B) another reason that prevents the individual from
pursuing the individual's chosen program of education, as
determined by the Secretary.''.
(b) Post-9/11 Educational Assistance.-- Section 3321(b)(1)
of such title is amended--
(1) by inserting ``(A)'' before ``Subsections'';
(2) by striking ``and (d)'' and inserting ``(d), and (i)'';
and
(3) by adding at the end the following new subparagraph:
``(B) Subsection (i) of section 3031 of this title shall
apply with respect to the running of the 15-year period
described in paragraphs (4)(A) and (5)(A) of this subsection
in the same manner as such subsection applies under section
3031 with respect to the running of the 10-year period
described in section 3031(a).''.
SEC. 6012. EXEMPTION OF CERTAIN HOMELAND SECURITY FEES FOR
CERTAIN IMMEDIATE RELATIVES OF AN INDIVIDUAL
WHO RECEIVED THE PURPLE HEART.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall include on a certain application or petition an
opportunity for certain immediate relatives of an individual
who was awarded the Purple Heart to identify themselves as
such an immediate relative.
(b) Fee Exemption.--The Secretary shall exempt certain
immediate relatives of an individual who was awarded the
Purple Heart, who identifies as such an immediate relative on
a certain application or petition, from a fee with respect to
a certain application or petition and any associated fee for
biometrics.
(c) Pending Applications and Petitions.--The Secretary of
Homeland Security may waive fees for a certain application or
petition and any associated fee for biometrics for certain
immediate relatives of an individual who was awarded the
Purple Heart, if such application or petition is submitted
not more than 90 days after the date of the enactment of this
Act.
(d) Definition.--In this section:
(1) Certain application or petition.--The term ``certain
application or petition'' means--
(A) an application using Form-400, Application for
Naturalization (or any successor form); or
(B) a petition using Form I-360, Petition for Amerasian,
Widow(er), or Special Immigrant (or any successor form).
(2) Certain immediate relatives of an individual who was
awarded the purple heart.--The term ``certain immediate
relatives of an individual who was awarded the Purple Heart''
means an immediate relative of a living or deceased member of
the Armed Forces who was awarded the Purple Heart and who is
not a person ineligible for military honors pursuant to
section 985(a) of title 10, United States Code.
(3) Immediate relative.--The term ``immediate relative''
has the meaning given such term in section 201(b) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)).
=========================== NOTE ===========================
September 21, 2021, on page H4793, the following appeared: Amend
the title so as to read: ``A bill to 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.''
The online version has been corrected to delete the entire
section.
========================= END NOTE =========================
The SPEAKER pro tempore. The bill, as amended, is debatable for 1
hour equally divided and controlled by the chair and the ranking
minority member of the Committee on Armed Services or their respective
designees.
The gentleman from Washington (Mr. Smith) and the gentleman from
Alabama (Mr. Rogers) each will control 30 minutes.
The Chair recognizes the gentleman from Washington.
General Leave
Mr. SMITH of Washington. Madam Speaker, I ask unanimous consent that
all Members may have 5 legislative days in which to revise and extend
their remarks and include extraneous material on H.R. 4350.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. SMITH of Washington. Madam Speaker, I yield myself 4 minutes.
Madam Speaker, we have before us the National Defense Authorization
Act for Fiscal Year 2022, and I highly recommend it to the Members of
the House and urge everybody to support this incredibly important and
very well put together piece of legislation.
[[Page H4794]]
The first thing I will say is thank you to all of the staff,
certainly on the Armed Services Committee, but the Rules Committee as
well, and the leadership staff. This has been a truly bipartisan
legislative process.
We had our markup in committee which lasted, I will do a little quick
math in my head, something like 16 hours. We considered over 800
amendments, with a variety of different variations, and we got that
number up closer to 1100. And then before the Rules Committee there
were, again, over 800 amendments submitted, and we have worked with
Members of this body, Democrats and Republicans, members on the
committee and off, to craft what I think is a very good piece of
legislation.
I think it is incredibly important, first of all, that we pass this
bill so that Congress continues to exercise its authority to exercise
oversight over the Department of Defense.
I know Members on both sides of this aisle have lamented throughout
the years the degree to which the executive branch has exerted more
power over the years, where the legislative branch has exhibited less.
Now, granted, you find that issue more troubling when the opposite
party is in charge of the White House, but we are all troubled by that
phenomena.
We need to exercise our authority; this bill does that. To my mind,
Congress does not pass enough authorizing bills, but we do do so in the
Department of Defense, and have done so for over 60 straight years, and
should do so again.
This bill, I think, is particularly important because we are at an
important moment in defense of this country and in dealing with our
role in the world. We have never faced a more complex threat
environment. We have threats from Russia, China, Iran, North Korea, and
transnational terrorist groups.
In addition, we are now coming out of 20 years of war fought in Iraq
and Afghanistan, both countries of which our military now is out and
not fighting those wars, and we have a whole bunch of change to deal
with.
At the same time, innovation has never been more important in
properly defending this country. We need to update and modernize our
armed forces, everything from our information systems, to our command
and control, to our platforms, to the support we give to our
servicemembers. I am very proud that this bill reflects those
priorities.
And the work has been done between Mr. Rogers and myself and members
of the committee to produce that product. And I want to take a moment
here to thank Mr. Rogers, the ranking member, he has been a terrific
partner in this process, as has his staff and as has his members.
I think this bill reflects those priorities. It figures out how to
improve our ability to update the military more quickly, to better buy
software, to better innovate, to better embrace the innovative
technologies that we need.
Madam Speaker, I want to particularly thank Mr. Langevin, as the
subcommittee chair, who has taken the lead on the AI task force that
looks at this question in great specificity. This bill really puts us
in a position to modernize the force as we need to.
One other crucial issue that we do in this is we address the issue of
sexual assault in the military that continues to be a scourge upon
service in the military. We have worked for years to try to address
this issue, we have not been successful.
This year, thanks in large part to the leadership of Congresswoman
Speier, we have updated the UCMJ to create a special victims'
prosecutor to give sexual assault and sex crimes the attention they
deserve to make sure that we are protecting the men and women who serve
in the military. It is a crucial aspect of this bill, and I strongly
urge Members to support it.
Lastly, let me just say that as you pore over this bill, everybody
here will find something that they do not like. Everybody here will
also find something that they wish was in there that is not. There is
no doubt about that, because it is a very large bill, and it was a
collaborative process.
But it is the nature of the legislative process that you don't get
absolutely everything that you want. I hope Members will keep that in
mind. But it is also the nature of the legislative process, in this
case, that we have produced a product that everybody in this House can
be proud of.
And, again, I want to thank my Republican counterpart. We have worked
together to produce this. I urge support from all Members. This is a
bill every Member, Democrat and Republican, can enthusiastically
support, and I reserve the balance of my time.
House of Representatives,
Committee on House Administration,
Washington, DC, September 8, 2021.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
4350, the National Defense Authorization Act for Fiscal Year
2022. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on House
Administration.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on House
Administration does not waive any future jurisdictional claim
over the subject matters contained in the bill which fall
within its Rule X jurisdiction. I request that you urge the
Speaker to name members of this committee to any conference
committee which is named to consider such provisions.
Please place this letter into the committee report on H.R.
4350 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Zoe Lofgren,
Chairperson.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, September 9, 2021.
Hon. Zoe Lofgren,
Chairperson, Committee on House Administration, House of
Representatives, Washington, DC.
Dear Chairperson Lofgren: Thank you for your letter
regarding H.R. 4350, the National Defense Authorization Act
for Fiscal Year 2022. I agree that the Committee on House
Administration has valid jurisdictional claims to certain
provisions in this important legislation, and I am most
appreciative of your decision not to request a referral in
the interest of expediting consideration of the bill. I agree
that by foregoing a sequential referral, the Committee on
House Administration is not waiving its jurisdiction.
Further, this exchange of letters will be included in the
committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Agriculture,
Washington, DC, September 8, 2021.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
4350, the National Defense Authorization Act for Fiscal Year
2022. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on
Agriculture.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on Agriculture does
not waive any future jurisdictional claim over the subject
matters contained in the bill which fall within its Rule X
jurisdiction. I request that you urge the Speaker to name
members of this committee to any conference committee which
is named to consider such provisions.
Please place this letter into the committee report on H.R.
4350 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
David Scott,
Chairman.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, September 9, 2021.
Hon. David Scott,
Chairman, Committee on Agriculture,
House of Representatives, Washington, DC.
Dear Chairman Scott: Thank you for your letter regarding
H.R. 4350, the National Defense Authorization Act for Fiscal
Year 2022. I agree that the Committee on Agriculture has
valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Agriculture
is not waiving its jurisdiction. Further, this exchange of
letters
[[Page H4795]]
will be included in the committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Appropriations,
Washington, DC, September 9, 2021.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
4350, the National Defense Authorization Act for Fiscal Year
2022. There are certain provisions in the legislation that
fall within the rule X jurisdiction of the Committee on
Appropriations.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on Appropriations
does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
rule X jurisdiction. I request that you urge the Speaker to
name members of this Committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
4350 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Rosa L. DeLauro,
Chair.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, September 9, 2021.
Hon. Rosa L. DeLauro,
Chair, Committee on Appropriations,
House of Representatives, Washington, DC.
Dear Chair DeLauro: Thank you for your letter regarding
H.R. 4350, the National Defense Authorization Act for Fiscal
Year 2022. I agree that the Committee on Appropriations has
valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on
Appropriations is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on the Budget,
Washington, DC, September 7, 2021.
Hon. Adam Smith
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
4350, the National Defense Authorization Act for Fiscal Year
2022. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the House Budget
Committee.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Budget Committee does not
waive any future jurisdictional claim over the subject
matters contained in the bill which fall within its Rule X
jurisdiction. I request that you urge the Speaker to name
members of this committee to any conference committee which
is named to consider such provisions.
Please place this letter into the committee report on H.R.
4350 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
John Yarmuth,
Chair, House Budget Committee.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, September 9, 2021.
Hon. John Yarmuth,
Chair, Committee on the Budget,
House of Representatives, Washington, DC.
Dear Chair Yarmuth: Thank you for your letter regarding
H.R. 4350, the National Defense Authorization Act for Fiscal
Year 2022. I agree that the Budget Committee has valid
jurisdictional claims to certain provisions in this important
legislation, and I am most appreciative of your decision not
to request a referral in the interest of expediting
consideration of the bill. I agree that by foregoing a
sequential referral, the Budget Committee is not waiving its
jurisdiction. Further, this exchange of letters will be
included in the committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Education and Labor,
Washington, DC, September 8, 2021.
Hon. Adam Smith,
Chairman, House Committee on Armed Services, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
4350, the National Defense Authorization Act for Fiscal Year
2022. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on
Education and Labor.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on Education and
Labor does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
Rule X jurisdiction. I request that you urge the Speaker to
name members of this committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
4350 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Robert C. ``Bobby'' Scott,
Chairman.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, September 9, 2021.
Hon. Robert C. ``Bobby'' Scott,
Chairman, Committee on Education and Labor,
House of Representatives, Washington, DC.
Dear Chairman Scott: Thank you for your letter regarding
H.R. 4350, the National Defense Authorization Act for Fiscal
Year 2022. I agree that the Committee on Education and Labor
has valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Education
and Labor is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, September 7, 2021.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
4350, the National Defense Authorization Act for Fiscal Year
2022. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on
Energy and Commerce.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on Energy and
Commerce does not waive any future jurisdictional claim over
the subject matters contained in the bill which fall within
its Rule X jurisdiction. I request that you urge the Speaker
to name members of this committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
4350 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Frank Pallone, Jr.,
Chairman.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, September 9, 2021.
Hon. Frank Pallone, Jr.,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Chairman Pallone: Thank you for your letter regarding
H.R. 4350, the National Defense Authorization Act for Fiscal
Year 2022. I agree that the Committee on Energy and Commerce
has valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Energy and
Commerce is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Financial Services,
Washington, DC, September 7, 2021.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
4350, the National Defense Authorization Act for Fiscal Year
2022. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on
Financial Services.
[[Page H4796]]
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on Financial
Services does not waive any future jurisdictional claim over
the subject matters contained in the bill which fall within
its Rule X jurisdiction. I request that you urge the Speaker
to name members of this committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
4350 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Maxine Waters,
Chairwoman.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, September 9, 2021.
Hon. Maxine Waters,
Chairwoman, Committee on Financial Services, House of
Representatives, Washington, DC.
Dear Chairwoman Waters: Thank you for your letter regarding
H.R. 4350, the National Defense Authorization Act for Fiscal
Year 2022. I agree that the Committee on Financial Services
has valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Financial
Services is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
September 8, 2021.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
4350, the National Defense Authorization Act for Fiscal Year
2022. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the House Committee on
Foreign Affairs.
In the interest of permitting expeditious consideration of
this legislation, I am willing to waive this committee's
right to sequential referral. I do so with the understanding
that by waiving consideration of the bill, the Committee on
Foreign Affairs does not waive any future jurisdictional
claim over the subject matters contained in the bill which
fall within its Rule X jurisdiction. I request that you urge
the Speaker to name members of this committee to any
conference committee which is named to consider such
provisions.
Please place this letter into the committee report on H.R.
4350 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and the House Foreign Affairs looks forward to
continue working the House Armed Services Committee on the FY
2022 National Defense Authorization Act.
Sincerely,
Gregory W. Meeks,
Chair.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, September 9, 2021.
Hon. Gregory W. Meeks,
Chair, Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Chair Meeks: Thank you for your letter regarding H.R.
4350, the National Defense Authorization Act for Fiscal Year
2022. I agree that the Committee on Foreign Affairs has valid
jurisdictional claims to certain provisions in this important
legislation, and I am most appreciative of your decision not
to request a referral in the interest of expediting
consideration of the bill. I agree that by foregoing a
sequential referral, the Committee on Foreign Affairs is not
waiving its jurisdiction. Further, this exchange of letters
will be included in the committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Homeland Security,
Washington, DC, September 8, 2021.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
4350, the National Defense Authorization Act for Fiscal Year
2022. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on
Homeland Security.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on Homeland Security
does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
Rule X jurisdiction. I request that you urge the Speaker to
name members of this committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
4350 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Bennie G. Thompson,
Chairman,
Committee on Homeland Security.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, September 9, 2021.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Chairman Thompson: Thank you for your letter regarding
H.R. 4350, the National Defense Authorization Act for Fiscal
Year 2022. I agree that the Committee on Homeland Security
has valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Homeland
Security is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on the Judiciary,
Washington, DC, September 8, 2021.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
4350, the National Defense Authorization Act for Fiscal Year
2022. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the House Judiciary
Committee.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the House Judiciary Committee does
not waive any future jurisdictional claim over the subject
matters contained in the bill which fall within its Rule X
jurisdiction. I request that you urge the Speaker to name
members of this committee to any conference committee which
is named to consider such provisions.
Please place this letter into the committee report on H.R.
4350 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Jerrold Nadler,
Chairman.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, September 9, 2021.
Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Chairman Nadler: Thank you for your letter regarding
H.R. 4350, the National Defense Authorization Act for Fiscal
Year 2022. I agree that the House Judiciary Committee has
valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the House Judiciary
Committee is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Natural Resources,
Washington, DC, September 8, 2021.
Hon. Adam Smith,
Chair, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chair Smith: In recognition of the goal of expediting
consideration of H.R. 4350, the ``National Defense
Authorization Act for Fiscal Year 2022,'' the Committee on
Natural Resources agrees to waive formal consideration of the
bill as to provisions that fall within the Rule X
jurisdiction of the Committee on Natural Resources.
The Committee on Natural Resources takes this action with
the mutual understanding that, in doing so, we do not waive
any jurisdiction over the subject matter contained in this or
similar legislation, and that the Committee will be
appropriately consulted and involved as the bill or similar
legislation moves forward so that we may address any
remaining issues within our jurisdiction. Our Committee also
reserves the right to seek appointment of conferees to any
House-Senate conference involving this or similar
legislation.
[[Page H4797]]
Thank you for agreeing to include our exchange of letters
in the Congressional Record. I appreciate your cooperation
regarding this legislation and look forward to continuing to
work with you as this measure moves through the legislative
process.
Sincerely,
Raul M. Grijalva,
Chair, House Natural Resources Committee.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, September 9, 2021.
Hon. Raul M. Grijalva,
Chair, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Chairman Grijalva: Thank you for your letter regarding
H.R. 4350, the National Defense Authorization Act for Fiscal
Year 2022. I agree that the Committee on Natural Resources
has valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Natural
Resources is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Oversight and Reform,
Washington, DC, September 8, 2021.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
4350, the National Defense Authorization Act for Fiscal Year
2022. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on
Oversight and Reform.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee does not waive any
future jurisdictional claim over the subject matters
contained in the bill that fall within its Rule X
jurisdiction. I request that you urge the Speaker to name
members of this committee to any conference committee that is
named to consider such provisions.
Please place this letter into the committee report on H.R.
4350 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Carolyn B. Maloney,
Chairwoman.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, September 9, 2021.
Hon. Carolyn B. Maloney,
Chairwoman, Committee on Oversight and Reform, House of
Representatives, Washington, DC.
Dear Chairwoman Maloney: Thank you for your letter
regarding H.R. 4350, the National Defense Authorization Act
for Fiscal Year 2022. I agree that the Committee on Oversight
and Reform has valid jurisdictional claims to certain
provisions in this important legislation, and I am most
appreciative of your decision not to request a referral in
the interest of expediting consideration of the bill. I agree
that by foregoing a sequential referral, the Committee on
Oversight and Reform is not waiving its jurisdiction.
Further, this exchange of letters will be included in the
committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives, Committee on Science, Space,
and Technology,
Washington, DC, September 7, 2021.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
4350, the National Defense Authorization Act for Fiscal Year
2022. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on
Science, Space, and Technology.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on Science, Space,
and Technology does not waive any future jurisdictional claim
over the subject matters contained in the bill which fall
within its Rule X jurisdiction. I request that you urge the
Speaker to name members of this committee to any conference
committee which is named to consider such provisions.
Please place this letter into the committee report on H.R.
4350 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Eddie Bernice Johnson,
Chairwoman.
____
House of Representatives,
Commitiee on Armed Services,
Washington, DC, September 9, 2021.
Hon. Eddie Bernice Johnson,
Chairwoman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
Dear Chairwoman Johnson: Thank you for your letter
regarding H.R. 4350, the National Defense Authorization Act
for Fiscal Year 2022. I agree that the Committee on Science,
Space, and Technology has valid jurisdictional claims to
certain provisions in this important legislation, and I am
most appreciative of your decision not to request a referral
in the interest of expediting consideration of the bill. I
agree that by foregoing a sequential referral, the Committee
on Science, Space, and Technology is not waiving its
jurisdiction. Further, this exchange of letters will be
included in the committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Small Business,
Washington, DC, September 3, 2021.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
4350, the National Defense Authorization Act for Fiscal Year
2022. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on Small
Business.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on Small Business
does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
Rule X jurisdiction. I request that you urge the Speaker to
name members of this committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
4350 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Nydia M. Velazquez,
Chairman,
Committee Small Business.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, September 9, 2021.
Hon. Nydia M. Velazquez,
Chairwoman, Committee on Small Business,
House of Representatives, Washington, DC.
Dear Chairwoman Velazquez: Thank you for your letter
regarding H.R. 4350, the National Defense Authorization Act
for Fiscal Year 2022. I agree that the Committee on Small
Business has valid jurisdictional claims to certain
provisions in this important legislation, and I am most
appreciative of your decision not to request a referral in
the interest of expediting consideration of the bill. I agree
that by foregoing a sequential referral, the Committee on
Small Business is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, September 2, 2021.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
4350, the National Defense Authorization Act for Fiscal Year
2022. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on
Transportation and Infrastructure.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on Transportation
and Infrastructure does not waive any future jurisdictional
claim over the subject matters contained in the bill which
fall within its Rule X jurisdiction. I request that you urge
the Speaker to name members of this committee to any
conference committee which is named to consider such
provisions.
Please place this letter into the committee report on H.R.
4350 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Peter A. DeFazio,
Chair.
[[Page H4798]]
____
House of Representatives,
Committee on Armed Services,
Washington, DC, September 9, 2021.
Hon. Peter A. DeFazio,
Chair, Committee on Transportation and Infrastructure, House
of Representatives, Washington, DC.
Dear Chair DeFazio: Thank you for your letter regarding
H.R. 4350, the National Defense Authorization Act for Fiscal
Year 2022. I agree that the Committee on Transportation and
Infrastructure has valid jurisdictional claims to certain
provisions in this important legislation, and I am most
appreciative of your decision not to request a referral in
the interest of expediting consideration of the bill. I agree
that by foregoing a sequential referral, the Committee on
Transportation and Infrastructure is not waiving its
jurisdiction. Further, this exchange of letters will be
included in the committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Veterans' Affairs,
Washington, DC, September 8, 2021.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
4350, the National Defense Authorization Act for Fiscal Year
2022. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on
Veterans' Affairs.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on Veterans' Affairs
does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
Rule X jurisdiction. I request that you urge the Speaker to
name members of this committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
4350 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Mark Takano,
Chairman.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, September 9, 2021.
Hon. Mark Takano,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Chairman Takano: Thank you for your letter regarding
H.R. 4350, the National Defense Authorization Act for Fiscal
Year 2022. I agree that the Committee on Veterans' Affairs
has valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Veterans'
Affairs is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives, Permanent Select Committee on
Intelligence,
September 8, 2021.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I write in response to your
committee's request, and concerning H.R. 4350, the National
Defense Authorization Act for Fiscal Year 2022. Certain
provisions in the legislation fall within the jurisdiction of
the Permanent Select Committee on Intelligence (the
``Committee''), as established by Rule X of the Rules of the
House of Representatives for the 117th Congress.
In the interest of expediting floor consideration of this
important bill, I am willing to waive the Committee's right
to request a sequential referral. By doing so, the Committee
does not waive any future claim over subjects addressed in
the bill which fall within the Committee's jurisdiction. I
also request that you urge the Speaker to name members of the
Committee to any conference committee on the bill.
Please place this letter into the committee report on H.R.
4350 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely.
Adam B. Schiff,
Chairman.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, September 9, 2021.
Hon. Adam B. Schiff,
Chairman, Permanent Select Committee on Intelligence,
Washington, DC.
Dear Chairman Schiff: Thank you for your letter regarding
H.R. 4350, the National Defense Authorization Act for Fiscal
Year 2022. I agree that the Permanent Select Committee on
Intelligence has valid jurisdictional claims to certain
provisions in this important legislation, and I am most
appreciative of your decision not to request a referral in
the interest of expediting consideration of the bill. I agree
that by foregoing a sequential referral, the Permanent Select
Committee on Intelligence is not waiving its jurisdiction.
Further, this exchange of letters will be included in the
committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
Mr. ROGERS of Alabama. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, I, too, rise in strong support of H.R. 4350, the
fiscal year National Defense Authorization Act.
H.R. 4350 represents a truly bipartisan bill, and I want to thank
Chairman Smith for his tremendous leadership and cooperation in helping
fashion it. This has been a truly bipartisan endeavor.
{time} 2115
Over the last few months, we have seen the best of our soldiers,
sailors, airmen, marines, and guardians. They have performed in the
toughest of environments with the greatest level of skill and
professionalism. Many gave their lives so others would have a chance
for a better life. Without a doubt, our military is the greatest force
the world has ever seen.
Providing the authorities and resources for our service that our
servicemembers need to defend our Nation and defeat our adversaries is
the greatest responsibility we have here in Congress. We accomplished
that responsibility with the bill before us today. H.R. 4350 ensures
our warfighters are the best equipped and trained in the world.
The bill puts our servicemembers first, providing a 2.7 percent pay
increase and expanding benefits for their families. It also puts
American workers first with historic investments in our defense
industrial base. It also begins divesting legacy systems that will not
help us deter future threats. Instead, it invests in new technologies
like AI, hypersonics, and quantum computing that will help us stay
ahead of our adversaries.
That is important because Russia and China are rapidly modernizing
their militaries. China is outpacing us with advancements in emerging
technologies and weapons systems, and we know China isn't building
these capabilities purely for defense. In recent years, we have seen
China use its military to push out its borders, threaten our allies,
and gain footholds on new continents.
H.R. 4350 is laser-focused on preparing our military to prevail in a
conflict with China. It makes critical investments in new systems
capable of surviving in a contested environment. It includes provisions
that will remove China from our defense supply chain, and it reaffirms
our support to allies in the region, especially Taiwan. Unfortunately,
threats from near peer adversaries like China and Russia are not the
only ones we face. Terrorists continue their plots to destroy our way
of life, and we must continue to take the fight to them anywhere and
anytime they threaten us. With strong investments in new capabilities
and readiness, this bill enables our warfighters to do just that.
Finally, regardless of how you feel about the war in Afghanistan,
Madam Speaker, I think we are all horrified by its disastrous
withdrawal. This bill includes over 20 provisions to provide
accountability to get us answers to questions we have been asking for
here for months.
This is a strong, bipartisan bill that will enhance our oversight of
the DOD and ensure our military is properly resourced and equipped to
defend our Nation and our allies.
Madam Speaker, I urge all Members to support the bill, and I reserve
the balance of my time.
Mr. SMITH of Washington. Madam Speaker, I yield 2 minutes to the
gentleman from Rhode Island (Mr. Langevin).
Mr. LANGEVIN. Madam Speaker, I thank the chairman for yielding.
Madam Speaker, I rise in strong support of the National Defense
Authorization Act. I commend Chairman Smith and Ranking Member Rogers
[[Page H4799]]
for their bipartisan cooperation in bringing the bill to the floor. I
also want to thank Ranking Member Banks and former Ranking Member
Stefanik for their bipartisan collaboration this year. I would also
like to thank the members of the Cyber, Innovative Technologies, and
Information Systems Subcommittee for their hard work, particularly Vice
Chair Houlahan.
Thanks to the work of my subcommittee, this legislation harnesses
cutting-edge technology to benefit our warfighters and our national
security. This legislation includes a 36 percent increase in defense-
wide basic and applied research and development and significant
increases for historically Black colleges and universities.
This bill also includes many provisions recommended by the National
Security Commission on Artificial Intelligence, which I offered as a
package of amendments during our committee markup. We are taking
important steps in addressing the promises and challenges of this
powerful technology, and I am thankful for the commission cochairs,
Secretary Bob Work and Dr. Eric Schmidt, and members of that committee
as well for their service.
The NDAA builds off the important work of the Cyberspace Solarium
Commission by establishing the Joint Collaborative Environment at the
Cybersecurity and Infrastructure Security Agency, called CISA. This
program, which will live at the newly established Joint Cyber Defense
Collaborative, or JCDC, will facilitate public-private cooperation in
analyzing cyber threats.
Beyond the CITI provisions, the NDAA fully funds the Virginia-class
and Columbia-class submarine programs which are crucial to our
deterrence posture against China. I am so proud to represent the Rhode
Islanders who construct these amazing vessels and do their part in
keeping us safe.
I am also proud of the reforms we made to the Uniform Code of
Military Justice to address sexual assault and extremism and of our
efforts to defend our military infrastructure against climate change.
These achievements would not be possible, of course, without the work
of my subcommittee staff: staff lead Michael Hermann; Bess Dopkeen,
Troy Nienberg, and Josh Stiefel.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. SMITH of Washington. Madam Speaker, I yield the gentleman from
Rhode Island an additional 30 seconds.
Mr. LANGEVIN. I also thank minority staff, Sarah Moxley. Our clerk,
Caroline Kehrli, is departing the subcommittee, and her work has been
incredibly invaluable. My legislative director, Caroline Goodson, and
military fellow, Juliann Hitt, also made significant contributions to
the bill.
Madam Speaker, Chairman Smith has, once again, done a masterful job
leading us through this process, and I urge all of my colleagues to
support the NDAA.
Mr. ROGERS of Alabama. Madam Speaker, I yield 2 minutes to the
gentleman from Ohio (Mr. Turner).
Mr. TURNER. Madam Speaker, I support the National Defense
Authorization Act for Fiscal Year 2022. Thanks to the leadership of
Chairman Smith and Ranking Member Rogers, as well as the chairman of
the Strategic Forces Subcommittee, Jim Cooper, this year's NDAA was,
once again, compiled and reported for consideration on the floor today
in a bipartisan manner. This bill is also the product of the diligent
work of the committee staff whom I would like to thank including the
Strategic Forces Subcommittee's PSMs, Maria Vastola, Grant Schneider,
Ryan Tully, Whitney Verett, and Zach Taylor, as well as the committee's
majority staff director, Paul Arcangeli, and minority staff director,
Chris Vieson.
Admiral Richard, the Commander of U.S. Strategic Command, has told us
we are facing a situation our Nation has not encountered before. We
must deter two peer nuclear-capable competitors simultaneously and must
do so with each being deterred differently. I am confident that the FY
2022 NDAA before us today places us on the right path to properly
observe both Russia and China.
First and foremost, the bill increases top line defense spending by
nearly $25 billion, reversing the harmful and reckless cuts from the
President's budget, ensuring an annual growth of 5 percent over the
previous year, and funding the DOD's most critical unfunded priorities.
Next, with one exception, the NDAA continues to fully fund programs
within the Department of Defense and Department of Energy that
modernize the Nation's nuclear triad and modernize the nuclear command,
control, and communications systems. This is especially critical to
maintaining a safe, secure, and reliable strategic deterrent while
China is undergoing an unprecedented and massive nuclear build-up and
Russia is undertaking significant modernization of all three legs of
its triad. Also, both Russia and China are developing brand-new, novel
nuclear delivery systems.
This NDAA fully funds capabilities necessary for the defense of Guam
and prohibits reduction of our ICBM inventory while simultaneously
halting efforts to retire or reconvert our low-yield nuclear warheads,
which are currently deployed in defense of our Nation. And this NDAA
reverses President Biden's detrimental and dangerous budgetary cuts to
our missile defense systems.
Madam Speaker, I encourage all Members to support this bill.
Mr. SMITH of Washington. Madam Speaker, I yield 2 minutes to the
gentleman from Maine (Mr. Golden), who is a member of the committee.
Mr. GOLDEN. Madam Speaker, I rise in support of the National Defense
Authorization Act for Fiscal Year 2022.
This measure, which passed out of our committee with a strong
bipartisan vote, reflects our commitment to strengthening our national
security and serving those who serve all of us.
I am particularly proud of the efforts of the Seapower and Projection
Forces Subcommittee. This bill reflects the constructive input of
members of the subcommittee from both sides of the aisle and makes a
strong mark on our national security priorities on, above, and below
the seas.
For shipbuilding, the bill expands on the budget request to authorize
13 battle force ships. This reflects our committee's focused effort to
scrub the budget and our shipbuilding plans to augment our Navy fleet
responsibly and consistently in a manner which our industrial base can
support to respond to emerging threats around the world. This includes
the sustained construction of two Virginia-class submarines a year and
continued production of the Columbia-class submarine program. We
augment our surface capabilities by authorizing three new DDG 51
destroyers, one of our most capable surface platforms, and authorizing
the Navy to seek a new contract for up to 15 ships over the next 5
years.
This bill also continues the committee's efforts to provide the Navy
and Defense Department with tools needed to concurrently build the new
12 sub Columbia class without suffocating the rest of the Navy's fleet.
Specifically, the bill expands the authority of the National Sea-Based
Deterrence Fund to allow for multiyear, continuous production of key
components. Recent data from the Navy shows that the use of this
authority since our subcommittee enacted it in 2015 has already saved
the Navy $1.4 billion in the Columbia program to the tune of over $100
million per boat. This bill will increase those cost savings by
expanding the scope of those tools to other components of the platform.
The bill also includes full funding to start the new sealift Tanker
Security Program, an initiative we passed last year to get more U.S.-
built tankers to sea. The bill supports the budget request for the
fifth planned National Security Multi-Mission Vessel, another
initiative to boost maritime training and sealift capacity.
At every step of the way, our subcommittee and the full committee
accommodated many bipartisan initiatives throughout this process. That
is how the legislative process should work, and we are proud that our
committee remains a place for constructive bipartisan collaboration.
Madam Speaker, on behalf of our Nation's security, I urge support for
the bill.
Mr. ROGERS of Alabama. Madam Speaker, I yield 2 minutes to the
gentleman from Colorado (Mr. Lamborn), who is the ranking member of the
Readiness Subcommittee.
Mr. LAMBORN. Madam Speaker, I thank the gentleman for yielding.
[[Page H4800]]
Madam Speaker, I rise today in support of H.R. 4350. We have
maintained the bipartisan tradition of the Armed Services Committee.
Now, while this administration promotes weakness abroad and tyranny
at home, robust support for defense in this bill ensures that our
adversaries understand that our military has the resources required to
stymy their aggressive ambitions which will guarantee that our military
will succeed if called upon.
This legislation will enhance readiness by funding the unfunded
requests of the services and the co-coms. It will maintain our
commitment to the nuclear triad and modernization and aggressively
enhance our space capabilities. It protects our troops against
punishment for personal politics, prohibits dishonorable discharge for
COVID vaccination refusal, and requires a plan for exemptions. And it
begins to hold the Biden administration accountable for Afghanistan.
Now, while this bill fosters U.S.-Israeli cooperation, including $300
million for multiple collaborative programs, anti-Israel Democrats have
stripped the continuing resolution of $1 billion for the Iron Dome
missile defense system.
What does it say about the Progressive Caucus that they object to
Israeli citizens defending themselves from missile attacks?
It is reprehensible and anti-Semitic.
Nevertheless, this bill as it currently stands is a bipartisan bill.
I thank the chairman and ranking member for maintaining the
collaborative nature of our committee. I want to thank especially the
chairman of the Readiness Subcommittee, John Garamendi, for his
leadership and commitment to bipartisanship. I thank my readiness team,
Ian, Dave, and Whitney, for their invaluable hard work during this
process.
Madam Speaker, I encourage a ``yes'' vote.
Mr. SMITH of Washington. Madam Speaker, I yield 2 minutes to the
gentleman from California (Mr. Garamendi), who is the chairman of the
Readiness Subcommittee.
Mr. GARAMENDI. Madam Speaker, today I rise in support of the fiscal
year 2022 NDAA. I would like to start by thanking Chairman Smith;
Ranking Member Rogers; and my colleague on the subcommittee, Mr.
Lamborn; and, of course, the House Armed Services staff who have worked
many long nights putting this NDAA together. The bill that is before
the House is a good bill, and I encourage my colleagues to support it.
The jurisdiction of the Readiness Subcommittee covers a broad range
of topics from civilian personnel, sustainment, and contested logistics
to military construction, energy safety and environmental policy. With
that in mind, I would just like to highlight some of the issues we have
dealt with.
Consistent with our work over the last 2 years, the readiness
provisions continue efforts to address the climate change challenges of
extreme weather and the necessity to reduce the greenhouse gas emitted
by the U.S. military--the largest single emitter in the world. We
require each installation to develop a master plan to do these things.
The health and safety of our servicemembers will always be a top
priority of the subcommittee. The bill elevates the department's focus
on safety by establishing the Joint Safety Council and requiring the
DOD to develop a plan for the establishment of a Mishap Investigation
Review Board to provide oversight and independent review of safety and
mishap investigations.
This mark continues the subcommittee's work to improve the conditions
for the servicemembers and their quality-of-life infrastructures, such
as military family housing, barracks, and child development centers.
We also step up the military's requirement to address the PFAS
contamination on and off bases.
The bill helps advance our military's near-term readiness goals and
drives the department to plan for and take action against long-term
threats.
Madam Speaker, I urge my colleagues to support the fiscal year 2022
NDAA.
Madam Speaker, today I rise in support of the fiscal year 2022
National Defense Authorization Act (NDAA). I would like to start by
thanking Chairman Smith, Ranking Member Rogers, and the House Armed
Services Committee staff who have worked many long nights putting
together this year's NDAA. The bill that is before the House is a good
bill, and I encourage my colleagues to support its passage.
As the Chairman of the Readiness Subcommittee, I believe the bill
upholds our responsibility to provide congressional oversight of and
support to the sustainment, logistics, infrastructure, and readiness of
our military. I'd like to take a moment and thank my staff for their
tireless work--the Readiness Subcommittee staff, Jeanine Womble,
Melanie Harris, Jay Vallario, Wendell White, Ian Bennitt, Dave
Sienicki, and Sean Falvey, and my personal staff, Betsy Thompson,
Rebecca Wolf, and Scott Bohn. I am proud of the Readiness
Subcommittee's contribution to this year's bill, and I'd like to
highlight the following provisions.
Consistent with our work from the last two years, the Readiness
provisions in the NDAA continue efforts to address the climate change
challenges of extreme weather and the necessity to reduce the
greenhouse gases emitted by the U.S. military, the largest single
entity in the world. The bill:
Requires each military department to complete installation master
plans at two of their most at-risk installations within one year of
enactment;
Requires the Department to amend DOD building codes to require
consideration of microgrids with islanding capability as part of
planned new construction, and encourages the department to renegotiate
contracts related to existing on-installation renewable energy projects
to enhance installation resiliency during power disruptions;
Requires installation commanders to consult with local governments to
ensure installation master plans include outside the fence line
resiliency considerations;
Requires the Department to assess energy and water usage at existing
data centers and set conservation goals for new data centers; and
Requires the Department to include EV charging infrastructure needs
in their planning for new domestic military construction, and requires
the Department to adopt industry standard planning considerations in
the development and rollout of charging infrastructure at military
installations.
The bill also builds on efforts to address contested logistics
challenges involving near-peer competitors by strengthening operational
energy programs:
Requires the Department to create a working group of program
planners, energy staff, joint staff, and geographic combatant commands
to enhance integration of military department energy initiatives into
operational planning and platform development to combat contested
logistics challenges;
Requires the Assistant Secretary of Defense for Energy,
Installations, and Environment to report on alternative fuels and
mandates the conduct of a wholistic review of the associated
production, transportation, geopolitical, commercial, and research and
development of alternative energy; and
Requires the Secretary of Defense to designate a Combatant Command as
the agency responsible for global bulk fuel storage, delivery, and
distribution, and directs the so-designated Combatant Command to
conduct a strategy on the infrastructure and programs necessary to
optimally support global bulk fuel management of the Department of
Defense.
The FY22 NDAA also builds on the Committee's previous legislative and
oversight activities to address poor conditions in barracks, child
development centers and housing:
Requires the Assistant Secretary of Defense for Energy,
Installations, and Environment to report on and provide a list of
domestic facilities and average facility childcare wait list, assess
efforts to find solutions and reduce wait times, assess the extent to
which staffing availability impacts childcare availability, and assess
whether including childcare facilities in agreements for new private
housing would be an effective solution;
Requires the military departments to conduct safety inspections and
develop 10-year facility improvement plans for child development
centers; and
Requires the Department to place higher priority on the sustainment
of quality-of-life facilities such as barracks by setting aside a
percentage of infrastructure sustainment funds for that purpose.
Additionally, the bill builds on the committee's oversight activities
to address preventable training accidents and build a culture of safety
in the military departments:
Establishes a Joint Safety Council within the Office of the Deputy
Secretary of Defense that advises on all operational safety matters,
establishes safety standards, collects and analyzes safety data, and
develops safety priorities;
Addresses concerns about the quality and objectivity of the military
department's mishap investigations by directing the Deputy Secretary of
Defense to develop a plan for the establishment of a Mishap
Investigation Review
[[Page H4801]]
Board, which would provide oversight and independent review of mishap
investigations;
Requires the Secretaries of the Army and Marine Corps to develop a
plan to address the recommendations contained in GAO's recent report on
tactical vehicle mishaps; and
Requires the Secretary of Defense to review the risks, benefits, and
plans for enhancing the protections for combat uniforms in an effort to
protect service members from flash fires.
Furthermore, the bill continues efforts to address contamination
associated with per- and polyfluorinated compounds on and around
military installations:
Requires the Department of Defense to review current practices to
prevent or mitigate AFFF spills and promulgate best practices for spill
prevention and mitigation, enterprise wide;
Increases transparency and facilitates information-sharing with
defense communities impacted by PFAS contamination; and
Places a temporary moratorium on the incineration of PFAS-
contaminated materials until DOD adopts and promulgates EPA interim
guidance for disposal.
The bill continues to build on efforts to support the Department of
Defense civilian workforce:
Requires the Secretary of Defense to provide a report detailing the
number of military, civilian, and contractor personnel assigned to or
employed by OSD over the past ten years, to assess whether the number
of civilian billets in OSD-Policy has kept pace with changes in the
organization's mission over time, and to provide a recommendation as to
whether an increase to OSD's statutory personnel caps is necessary to
ensure sufficient civilian staffing and enable corrective action for
any inappropriate contracting;
Prohibits changes to the size or function of the Naval Audit Service
until the Comptroller General completes a report on the operations of
the Naval Audit Service;
Requires the Secretary of Defense to develop a plan to address the
recommendations contained in the Comptroller General of the United
States report entitled ``Sexual Harassment and Assault: Guidance Needed
to Ensure Consistent Tracking, Response, and Training for Department of
Defense Civilians;'' and
Requires that the Secretary of Defense to establish relevant metrics,
collect and report on diversity statistics, and report on the status of
diversity and inclusion efforts among the civilian work force.
The bill also continues efforts to ensure modern weapons systems are
sustainable and affordable over time and to support our industrial
base:
Requires the Comptroller General to report on organic maintenance
capability and capacity within the F-35 program including depot
standup, technical data requirements, unique tooling, and contractor
assistance in depot standup; assess the potential to transition supply-
chain management from a contractor-led to a government-led function,
and; assess key field-level maintenance challenges as well as
mitigating actions.
Requires the Comptroller General to provide annual reports in the
years 2022-2025 on the F-35 program sustainment system, including an
analysis of the sustainment strategy, an analysis of the Department's
ability to reduce costs toward affordability metrics, and an analysis
of the Department's efforts to provide oversight of key contractor-led
sustainment functions.
Requires the Secretary of Defense to initiate a pilot program to
develop a digital twin of the facilities and operations of at least one
government-owned and operated military depot that is not a shipyard.
Requires the Assistant Secretary of the Army for Acquisition,
Logistics, and Technology to review efforts to digitize field-level
maintenance for ground vehicles.
The FY22 NDAA supports the missions at Travis and Beale Air Force
Bases in my district, and I'm also pleased this NDAA includes a 2.7
percent pay raise for our troops. Additional provisions that I was
instrumental in securing include:
Requiring the Secretary of Defense to continue the FireGuard program,
where the National Guard assists in detecting and monitoring wildfires,
for at least the next five years;
Including bill language that adds transparency to the Civil Reserve
Air Fleet program, and that aligns requirements for charter
transportation of both Department of Defense personnel and cargo;
Prohibiting the use of open-air burn pits during overseas contingency
operations unless an exemption is issued by the President of The United
States for a particular location. Thirty days after an exemption is
granted, the President would be required to submit a report to Congress
detailing the location, size, duration, and need of the burn pit, the
number of personnel assigned to the location, and the personal
protective equipment or other methods that will be used by those
personnel to mitigate the health effects of said pit;
Directing the Department to pay fees associated with the transfer of
adopted dogs to the adoption agency or individual and directing the
inclusion of veterinary care and services into the Joint Trauma
Education and Training Directorate;
Including significant Facilities Sustainment, Restoration, and
Modernization (FSRM) projects on DOD's online listing of military
construction projects and MILCON contracting awards; and
Authorizing the Maritime Administrator to use appropriated funds to
purchase duplicate medals authorized under the Merchant Mariners of
World War II Congressional Gold Medal Act of 2020. This awards the
Congressional Gold Medal--one of our nation's highest honors--to the
Merchant Marine Veterans of World War II.
This bill helps advance our military's near-term readiness goals and
drives the Department to plan for and take action against long-term
threats, and with that, I urge my colleagues to support the FY22 NDAA.
{time} 2130
Mr. ROGERS of Alabama. Madam Speaker, I yield 2 minutes to the
gentleman from Virginia (Mr. Wittman), the ranking member of the
Seapower and Projection Forces Subcommittee.
Mr. WITTMAN. Madam Speaker, I thank the ranking member for yielding.
I want to preface by saying that I do not agree with everything in
this bill, but the committee-passed bill is worthy of support.
I want to especially thank Ranking Member Rogers and Chairman Smith
for their attention to minimizing extraneous provisions in the markup
that have little to do with our national security or supporting our
servicemembers. Our struggle to close conference last year because of
these issues were wholly associated with provisions that are not
connected to national security. And these attempts, I believe, were
offensive, and similar attempts to include these unnecessary provisions
this year should be rebuffed.
Unfortunately, Speaker Pelosi has not listened to the lessons learned
from last year's conference and has decided to add several non-germane
bills to the NDAA at Rules that have nothing to do with defense.
I want to make this clear for my colleagues offering these
amendments: We should not use servicemembers as a tool to achieve
partisan gain. I repeat: We should not use servicemembers as a tool to
achieve partisan gain. And I voted in opposition to the rule, but I
hope that I can vote for final passage of this year's NDAA.
As to the committee mark, we started with an anemic budget request
from the Biden administration that in the Seapower portfolio requested
only eight ships, two of which were fleet tugboats. How the
administration can set China as the pacing threat and reduce Navy force
structure is simply baffling.
Fortunately, with the leadership of Ranking Member Rogers and others
on the committee, we were able to authorize additional funds to the
defense top line to provide the real growth necessary to dissuade
future conflict. With this, we authorized 13 battle force ships and
rebuffed the administration's request to retire three cruisers.
Additionally, we sought to expand the submarine industrial base by
authorizing funds that enable a submarine construction build rate of
three by 2025. The mark also includes critical capabilities to support
our Nation's deterrence with continued strong investments in the
Columbia-class ballistic missile submarine and the B-21 Raider bomber.
I think this is a good bill in its current form, and it is worthy of
my colleagues' support.
MR. SMITH of Washington. Madam Speaker, I yield myself 1\1/2\ minutes
just to address a couple things the gentleman from Virginia said.
I want to be clear, it is the longstanding practice of our committee
that we take issues that are not in our jurisdiction. We have done it
under Republican leadership. We have done it under Democratic
leadership.
It is also the longstanding practice of our committee to work with
the committees of jurisdiction, and only if in a bipartisan, bicameral
way those committees of jurisdiction agree, does it ultimately go into
the conference report. So you don't need to be afraid of stuff that you
don't like. Work with
[[Page H4802]]
your committees of jurisdiction and it goes into the conference report
if we get agreement. If it doesn't, it doesn't.
Second, last year that is not what held us up. The two things that
held us up last year were one thing that was very much within the
jurisdiction of this committee, and that was whether or not to rename
military bases; to change the names of the bases named for
Confederates, very much in our jurisdiction.
And the second thing was President Trump's last-second desire, out of
nowhere, to add section 230 to the bill. We weren't held up by these
things, and we will not be held up this year. If the committees of
jurisdiction do not agree, we don't do it. We just have that
negotiation. If they can, we give them a ride. So don't need to worry
about that. It is a good bill. Go ahead and vote for it.
Madam Speaker, I yield 2 minutes to the gentlewoman from California
(Ms. Speier), the chairwoman of the Military Personnel Subcommittee.
Ms. SPEIER. Madam Speaker, I am proud to speak in support of this
bill which passed out of our committee with overwhelming bipartisan
support.
This year's NDAA continues the committee's tradition of improving the
lives of servicemembers and their families by supporting a 2.7 percent
pay raise; increasing parental leave for new mothers and fathers,
including adoptive and foster parents; expanding financial assistance
for in-home child care; improving the legal representation for
exceptional family members; and demanding an independent review of
suicides.
Following the horrifying murder of Specialist Vanessa Guillen and a
ground swell of activism from survivors of military sexual trauma, H.R.
4350 also boldly confronts sexual assault and harassment in the
military, which has been one of my top priorities for a decade, by
removing the commander from decisions related to prosecution of special
victim crimes, improving sexual harassment investigations, and
continuing to improve military criminal investigative resources.
It also establishes standalone offenses for sexual harassment and
violent extremism under the Uniform Code of Military Justice.
These reforms will increase trust in the military justice system and
encourage survivors of sexual violence to come forward. The bill also
requires an independent review of whether to transfer additional
offenses such as murder that are out of the chain of command.
Where servicemembers serve, so do their families. That has been our
mantra on this subcommittee, which is why this bill ensures that the
military health system continues to have sufficient providers to meet
beneficiaries' healthcare needs.
H.R. 4350 also improves services covered under TRICARE, including
contraception, without copays.
Together, servicemembers and their families make sacrifices for our
Nation, and we must continue our commitment to them.
I want to thank the ranking member, Congressman Mike Gallagher, the
extraordinary staff of the committee: Ilka Regino, David Giachetti,
Hannah Kaufman, Glen Diehl, and the fearless Staff Director Paul
Arcangeli, and also Josh Connolly and Brian Collins from my staff.
Thanks to Chairman Smith and Ranking Member Rogers for an
extraordinary NDAA.
Mr. ROGERS of Alabama. Madam Speaker, I yield 2 minutes to the
gentlewoman from Missouri (Mrs. Hartzler), the ranking member of the
Tactical Air and Land Forces Subcommittee.
Mrs. HARTZLER. Madam Speaker, each year Congress considers one of the
most important pieces of legislation, the National Defense
Authorization Act. I applaud the bipartisan leadership of Chairman Adam
Smith and Ranking Member Mike Rogers.
And as the ranking member of the Tactical Air and Land Forces
Subcommittee, I want to thank our subcommittee chairman, Donald
Norcross, for his collaborative, bipartisan efforts.
I am pleased the committee approved a bipartisan amendment in markup
to increase the top line by $23.9 billion. This increase is needed to
continue the progress we have made in rebuilding readiness and will
facilitate modernization programs necessary to prepare our military
forces to compete with, deter, and win against peer challengers and
adversaries.
Under the subcommittee's jurisdiction, this bill continues critical
oversight of the Air Force, Navy, and Marine Corps' strike-fighter
force structure and inventory management, setting better conditions for
ensuring the right mix of fourth and fifth generation fighters, and
managing operational risk. Specifically, this legislation authorizes
funding for 80 F-35 Joint Strike Fighters, 24 F-15EX aircraft, and 12
F/A-18 Super Hornets.
The legislation also reverses several proposed cuts, including
procurement for the Army's small caliber ammunition accounts. It also
facilitates stronger oversight to ensure current ISR and counter UAS
capabilities and capacity are maintained and prioritized to mitigate
near-term operational risk and prevent future capability gaps.
Outside the subcommittee's jurisdiction, I am pleased that this bill
includes several provisions regarding the disastrous withdrawal from
Afghanistan, including my provision requiring an accounting of the
decision to leave Bagram Air Base.
I am also pleased this legislation includes two of my bills, the
CADET Act and the Connecting the Community to End Military Suicide Act.
I do have concerns with several provisions in the underlying bill,
including the selective service, and I am hopeful we can work in a
bipartisan manner to address those. I encourage support.
MR. SMITH of Washington. Madam Speaker, I am pleased to yield 2
minutes to the gentleman from New Jersey (Mr. Norcross), the chair of
the Tactical Air and Land Forces Subcommittee.
Mr. NORCROSS. Madam Speaker, I thank the chairman for his work and
commitment to this country's security.
Madam Speaker, this bill continues the long, proud tradition of
bipartisan work for the Tactical Air and Land Subcommittee; our
commitment to securing our Nation and willingness to work through and
share responsibility for the tough choices resulting in this bill, a
bill that keeps America's land and air forces the best in the world.
I particularly want to thank our ranking member, Mrs. Hartzler, for
her input, her steadfast support in building this strong, bipartisan
bill. Certainly, though we may disagree at times, we put the safety and
security of our Nation and servicemen first and work together to pass
this vital piece of legislation.
I also want to thank our vice chair, Representative Sherrill of New
Jersey, for her help.
Madam Speaker, this bill equips and modernizes our Armed Forces by
carefully and thoughtfully managing resources. At the same time, this
bill continues the necessary oversight to ensure responsibility of the
execution by the DOD. This bill enacts: Vigorous oversight of our most
complex and expensive program, the F-35, certainly an ambitious
modernization strategy by the Army and a host of others; and of
particular importance to me and Mrs. Hartzler, strong support for risk
reduction in our defense industrial base.
To this point, this bill also includes my Buy American provision,
which brings back jobs to the U.S. and can ensure that we get what we
need when we need it, securing our fragile supply chain.
I do want to take a moment in closing to thank the subcommittee
staff, those who serve on this committee, certainly, led by Bill Sutey,
Heath Bope, Carla Zeppieri, Liz Griffin, and Kelly Repair, and the last
day of our clerk, Caroline, who has done a wonderful job; and to my
personal staff, Katie Lee, Chris Macleish, and Mark Moses.
This is a bill that America can support and, certainly, we are
encouraging all our Members to support this NDAA for fiscal year `22.
Mr. ROGERS of Alabama. Madam Speaker, I yield 2 minutes to the
gentleman from Mississippi (Mr. Kelly), the ranking member of the
Intelligence and Special Operations Subcommittee.
Mr. KELLY of Mississippi. Madam Speaker, today I rise in strong
support of the FY22 NDAA. Our military has and is facing unprecedented
challenges, and this body is duty-bound to ensure
[[Page H4803]]
our military is adequately funded and has the tools to win. We also do
this by empowering American companies and the industrial base that
provides goods and services to the DOD.
The hardworking Mississippians who work for companies like Airbus,
Huntington Ingalls, Winchester, General Dynamics, Stark Aerospace,
SpaceX and General Atomics keep our Nation safe and deserve the support
of our Congress.
This bill includes a Republican amendment boosting the defense top
line by nearly $25 billion and reverses the administration's reckless
cuts to our national security, restoring funding for shipbuilding,
procurement, missile defense, and modernization.
This bill will also fund the unfunded top priorities of our military
that the White House failed to support. Once passed, this bill further
bolsters our military's ability to maintain its dominance in every
domain, and ensures military leaders have the resources to take care of
servicemembers and military families.
Additionally, this year's NDAA will begin the process of holding the
White House accountable for the mistakes in Afghanistan. For months, we
have asked for more detail on the so-called over-the-horizon strategy
to conduct counterterrorism. We received scant details ahead of the
withdrawal, and America deserves answers to why the withdrawal was so
unorganized in planning and execution run by the Commander in Chief and
the State Department.
The lack of planning leading up to the withdrawal and the continued
inability to maintain control on the ground by this administration is
staggering. The Armed Services Committee, particularly this
Subcommittee on Intelligence and Special Operations, will not allow
these weaknesses of the administration to continue to place our
citizens, allies, partners, and overall national security at risk.
This year's bill calls for the administration to provide a plan to
get the rest of the American citizens out.
Finally, I would be remiss without asking about my teammates, which
is Tony Starks, Colin Hawkins, and Rodney Hall, professional staffer,
Patrick Nevins, and my battle buddy in all of this, Ranking Member
Gallego.
I ask my colleagues to support this bill.
Mr. SMITH of Washington. Madam Speaker, I yield 2 minutes to the
gentleman from Arizona (Mr. Gallego), the chair of the Intelligence and
Special Operations Subcommittee.
Mr. GALLEGO. Madam Speaker, I rise today in support of H.R. 4350, the
National Defense Authorization Act for fiscal year 2022.
I congratulate my colleagues for fulfilling our obligation to debate
and pass the National Defense Authorization Act. This year's bill
contains multiple provisions to address strategic challenges presented
by China, to confront our adversaries in the gray zone of conflict, and
to strengthen the relationships with key allies and partners.
As chair of the Intelligence and Special Operations Subcommittee, I
am proud of the provisions in this bill that represent critical reforms
to the defense intelligence enterprise, special operations forces, our
ability to counter weapons of mass destruction.
{time} 2145
Our bill creates more agility across the defense intelligence
enterprise by breaking down barriers to information sharing to enhance
warfighters and combatant commanders in their ability to counter China
and Russia in the information environment and focusing on expanding
access to partners such as India and our steadfast Nordic partners such
as Finland.
The bill further supports rigorous oversight of our security posture
in Afghanistan and includes provisions to better understand the
Department's plans to address the threat environment while postured in
an over-the-horizon capacity. Importantly, the bill also contains $500
million in relocation support for Afghan SIV holders.
Finally, our bill authorizes an increase of $105 million to the
Cooperative Threat Reduction Program, which will enhance our efforts to
detect and fight emergent chemical and biological threats and develop
medical countermeasures such as vaccines and therapeutics.
Most importantly, I want to thank subcommittee Ranking Member Trent
Kelly for his contribution to this bill and his bipartisanship, which
helped create the foundations of such a strong bill during a
particularly challenging year. I would also like to thank the staff--
Shannon Green, Jessica Carroll, Zachary Taylor, and Patrick Nevins--for
their tireless efforts to get it across the finish line.
Colleagues, in addition to meeting the most pressing security
challenges we face as a Nation today, this bill supports our
servicemembers with a 2.7 percent pay raise, increases parental leave
for military families, improves women's healthcare, and combats
extremism in the military.
Madam Speaker, this is a good bill, and I urge my colleagues to
support it.
Mr. ROGERS of Alabama. Madam Speaker, I yield 2 minutes to the
gentleman from Wisconsin (Mr. Gallagher), the ranking member of the
Military Personnel Subcommittee.
Mr. GALLAGHER. Madam Speaker, I stand before you today in proud
support of this bipartisan bill, which is a reflection of the hard work
of both sides that went into this. This process remains some of the
most gratifying work that we do in Congress and a testament to the way
in which this institution can work when we put our mind to it.
The FY22 NDAA includes a top-line budget that restores funding for
shipbuilding, procurement, missile defense, and a number of other
priorities that will help ensure the national defense of our great
Nation.
The bill that was voted out of committee continues to support and
improve the lives of those who sacrifice for our country on a daily
basis by authorizing a military basic pay raise of 2.7 percent.
This bill reinforces the committee's longstanding commitment to the
military family by requiring the Department of Defense to increase
parental leave, expands the in-home childcare pilot program, and
improves support available to military families with special needs
children.
This bill also addresses the threat of COVID-19 by prohibiting the
use of DOD funds to conduct research, including biomedical, infectious
disease, and genomic research in China or with any entity controlled by
the Chinese Communist Party. It requires DOD to report to Congress on
the number of military personnel infected with coronavirus at the 2019
Military World Games in Wuhan, China, and requires DOD and the Director
of National Intelligence to assess the involvement of the Chinese
Communist Party in the origins of COVID-19.
I thank the chairman and ranking member for an outstanding bipartisan
bill. I thank them both for their work on it, and I am proud to be a
member of this committee.
Let's do our duty. Let's support servicemembers, military families,
and retirees. Let's pass this bill.
Mr. SMITH of Washington. Madam Speaker, at this time, I have no
further speakers, and I reserve the balance of my time.
Mr. ROGERS of Alabama. Madam Speaker, I yield 2 minutes to the
gentleman from Indiana (Mr. Banks), the ranking member of the
Subcommittee on Cyber, Innovative Technologies, and Information
Systems.
Mr. BANKS. Madam Speaker, I rise today in support of H.R. 4350, the
FY22 NDAA.
Our current and future warfighting capabilities are contingent on
modernizing the Department of Defense and recruiting and equipping the
military with the most effective, secure, and cutting-edge
technologies.
Our adversaries are focused on our defeat on and off the battlefield.
They are pouring money into research and development of emerging
technologies, recruiting top scientists, and stealing intellectual
property to gain a tactical edge.
This NDAA pushes the Department to accelerate innovation and
strengthen its cyber posture, a critical capability if we want to
maintain superiority in the era of great power competition.
I want to thank Ranking Member Rogers, who, because of his
leadership, fought for and gained nearly $25 billion in this bill to
boost emerging technologies and cybersecurity programs during the
markup.
[[Page H4804]]
These funds enhance areas like hypersonics, AI, and quantum computing
and make a historical investment to renovate the Department's labs and
testing facilities.
As ranking member, I am also proud of the work that we have done on
our subcommittee, the Cyber, Innovative Technologies, and Information
Systems Subcommittee led by Chairman Langevin, in this inaugural NDAA
for this subcommittee.
We included provisions to transition innovative technologies quickly
into the hands of the warfighter, to help companies bridge the valley
of death, and to implement many of the recommendations of the National
Security Commission on AI.
In the past year, we have seen landmark cyberattacks, a trend which
is likely to continue, and we must be prepared. We bolster and
strengthen the Department's information security systems and improve
sharing and analysis of cyber threat information across the Department.
Madam Speaker, I strongly support this bill and encourage my
colleagues to do the same.
Mr. SMITH of Washington. Madam Speaker, I reserve the balance of my
time.
Mr. ROGERS of Alabama. Madam Speaker, I yield 2 minutes to the
gentleman from Nebraska (Mr. Bacon), a great member of the Armed
Services Committee.
Mr. BACON. Madam Speaker, I rise in support of the National Defense
Authorization Act. I commend the outstanding leadership of Chairman
Smith and Ranking Member Mike Rogers for delivering strong,
bipartisan legislation that provides for our common defense.
While I am personally grateful that this bill includes dozens of my
provisions, I am most proud of the fact that the bill sends a clear
bipartisan message that we must keep our national defense spending
level with inflation and reject the temptation to cut defense when our
allies and enemies are questioning American leadership. As the White
House's own strategic guidance states, America must confront global
challenges from a position of strength, not weakness.
I am also proud that this bill includes multiple provisions ensuring
oversight and accountability for the recent debacle in Afghanistan. As
we stand here today, this crisis is ongoing, with hundreds of U.S.
citizens and residents, including my constituents from Nebraska, who
are still trapped in Afghanistan. Oversight of the way the botched
withdrawal was handled is not and should not be a partisan issue, and I
am proud that the House has not backed away from its responsibilities.
Madam Speaker, I urge support of this bill.
Mr. SMITH of Washington. Madam Speaker, I reserve the balance of my
time.
Mr. ROGERS of Alabama. Madam Speaker, I yield 2 minutes to the
gentleman from Utah (Mr. Moore), one of our outstanding freshman
Members.
Mr. MOORE of Utah. Madam Speaker, I rise in opposition to the MILCON
amendment.
This is actually something that we agree on, that most people would
agree on. We have apartments that our airmen are staying in at Hill Air
Force Base where literally they have to section off corners of the
sidewalk because bricks are falling off the building.
This is not up to the standard of what we would like to provide for
our men and women who are willing to go and serve in this capacity.
This is something that we all agree on.
The reason I stand to oppose the amendment is because it just
increases the costs for a MILCON budget that is already laden with a
lot of work with very little money. This will require a sort of
preference for local hiring, which is a good thing, but it also adds in
a lot of bureaucracy with respect to licensing and making sure that
every single military construction contractor has all the little
prerequisites for each State. This is something that we have rejected
in the past, and it ultimately just adds a lot of cost.
It is ironic that both the Trump and Biden administrations disagree
with this. Chambers of commerce actually oppose this. A few others that
are noteworthy are the defense industry of America, Association of
General Contractors, and American Council of Engineering Companies.
They all oppose this effort.
Again, this impacts the skilled workforce. Every single construction
company that I talk to right now says they can't even hire in their
local area. So to require companies to go to each area where there is a
base and take away some of their skilled workforce to then go hire a
workforce that is in that particular city, it adds an extra burden.
Mr. SMITH of Washington. Madam Speaker, I reserve the balance of my
time.
Mr. ROGERS of Alabama. Madam Speaker, I yield 2 minutes to the
gentlewoman from Oklahoma (Mrs. Bice), an outstanding member of our
Armed Services Committee.
Mrs. BICE of Oklahoma. Madam Speaker, I rise today in support of H.R.
4350, this year's National Defense Authorization Act. As a member of
the Armed Services Committee, I was honored to have a seat at the table
in crafting this legislation, and I am pleased to have been successful
in having a good number of my priorities for Oklahoma's Fifth District
included in this bill.
As a new member of the House Armed Services Committee, I was deeply
concerned when President Biden proposed earlier this year to
essentially cut our defense budget below the rate of inflation at a
time when we are facing serious threats from around the world.
I am thankful for the leadership of Ranking Member Rogers in securing
a bipartisan deal in this bill to provide the additional resources
needed to meet our Nation's defense needs. This bill makes important
investments to protect our Nation from dangerous adversaries like
Russia and China.
I also fought to include several items in the bill we are considering
today, including a measure I co-led with Congresswoman Gonzalez-Colon
to require DOD to survey access to mental health and suicide prevention
services within the military healthcare system, as well as a modified
version of my bill to protect servicemembers and their families with
disabilities from being charged out-of-pocket expenses for needed ADA
upgrades to their on-base housing unit.
Lastly, I successfully advanced amendments to require the DOD to
analyze the security threats resulting from the Taliban's release of
thousands of prisoners from Bagram Air Base and an amendment to
increase resources for the Army National Guard to assist CBP with
security operations on the southern border in light of the growing
threats emanating from Afghanistan and elsewhere.
Bottom line, this bill strengthens our Nation's defenses, supports
our brave servicemembers, and sustains important defense programs
across the Nation and in my home State of Oklahoma.
Madam Speaker, certainly there may be provisions of this bill that
not everyone agrees with, but I urge my colleagues to support the bill.
Mr. SMITH of Washington. Madam Speaker, I reserve the balance of my
time.
Mr. ROGERS of Alabama. Madam Speaker, I yield 2 minutes to the
gentleman from Tennessee (Mr. DesJarlais), another fine member of the
Armed Services Committee.
Mr. DesJARLAIS. Madam Speaker, I rise today to express my support for
the National Defense Authorization Act. The bill before us today
represents a much-improved effort over the Biden-Harris
administration's proposed budget.
There is no more important job than providing for the defense of our
Nation. The specter of threats from an aggressive China, a revitalized
Russia, and radical Islamic terrorist states demand that we maintain a
strong national defense readiness and posture.
This NDAA will give a much-deserved and needed pay raise and expanded
benefits to members of our armed services. We are making investments to
ensure our military is the best equipped and trained in the world, with
a focus on American jobs and our domestic manufacturing base.
We are also investing in important new technologies like quantum
computing, hypersonic weapons, and autonomous systems.
I am proud to say that Arnold Air Force Base, the University of
Tennessee Space Institute, Vanderbilt University, Fort Campbell Army
Base, Oak
[[Page H4805]]
Ridge National Laboratory, and other Tennessee stakeholders will
receive the funds that they need to carry out vital operations for our
United States military.
That said, the bill is not perfect. I am disappointed in House
Democrats for preventing my ``no first use'' amendment from coming to
the floor for a vote. In hearings before our committee, our military
leadership emphasized that a ``no first use'' policy is a limiting
strategic mistake, and a number of our allies have expressed these
concerns directly to me as well. We should never tip our strategic
plans to our adversaries.
It is also disappointing that those on the other side of the aisle
have taken a bill intended to improve our military and muddled it with
attempts to score political points.
{time} 2200
While I don't support these poison pills, I am hopeful that my
colleagues will remove them during conference before its final passage.
That said, we must move forward with this legislation. I support
making it stronger, avoiding nongermane political issues, and getting
it signed into law for our brave men and women in uniform.
Mr. SMITH of Washington. Madam Speaker, I continue to reserve the
balance of my time.
Mr. ROGERS of Alabama. Madam Speaker, I yield 2 minutes to the
gentleman from Florida (Mr. Gaetz), another fine member of the Armed
Services Committee.
Mr. GAETZ. Madam Speaker, on behalf of the tens of thousands of
military families in northwest Florida, I rise in strong support of
this year's National Defense Authorization Act.
This bill does right by military families by ensuring that we upgrade
training systems, increasing their proficiency, and ensuring that our
servicemembers are safe when they go down range.
The bill enhances platforms and equipment survivability to ensure
that our troops are in the best possible position to prevail in every
battle and vanquish any foe.
The 2.7 percent pay raise is vastly needed and is a small debt of
gratitude for the elite level of patriotism that our servicemembers
show each and every day.
The bill does right by the mission by investing in research,
development test and evaluation by increasing our investment in cyber,
by ensuring that we have a military construction budget that allows us
to meet ambitious goals to be able to grow strategic mission in
particular areas, and our investment in the space force ensures that
America will always hold the high ground.
With this legislation, America wins the future by focusing on great
power competition, and by ensuring that we win that great power
competition with great focus and great competence.
I thank the bipartisan leadership of the committee, and I would note
that that bipartisan leadership has been necessary because President
Biden's initial budget did not meet the needs of the country to the
same degree that this House will. It is a testament to Chairman Smith
and Ranking Member Rogers that brighter minds have prevailed.
Mr. SMITH of Washington. Madam Speaker, I continue to reserve the
balance of my time.
Mr. ROGERS of Alabama. Madam Speaker, as I have made clear, I feel
very strongly that this is a really strong, bipartisan bill. I urge all
Members of the House to support it.
Madam Speaker, I yield back the balance of my time.
Mr. SMITH of Washington. Madam Speaker, I yield myself the balance of
my time.
I just want to agree with Mr. Rogers. This bill, as you can hear from
the Members speaking in favor of it on both sides of the aisle,
encompasses a lot of different provisions, all designed to make sure we
can adequately defend the country; and, most importantly, designed to
make sure that we protect the men and women who are serving us to
protect that country.
There are a lot of provisions in this bill focused on improving the
quality of life, including a 2.7 percent pay increase and significant
increases to improve things like childcare centers and barracks across
the country.
I think this bill does an excellent job of identifying the threats
that we face and putting ourselves in the best possible position to
meet those threats going forward.
Again, no bill is perfect. We disagree on things. Everyone will have
something in here that they wish were slightly different, but overall,
I think we can support this bill.
I do want to close by once again emphasizing, I know there is a lot
of angst about the amendments that have been ruled in order; but,
again, that is not unusual that we would deal with issues that are not
necessarily directly within our jurisdiction. We work with the
committees of jurisdiction in order to carry those bills. We will
continue to work on that.
I can say with confidence that there is no amendment that has been
ruled in order that we are going to debate on that should impact any
Members voting for this bill. This is a very strong bill. Do not forget
the underlying provisions in this bill that are so important to the men
and women who are serving this country, to the protections they need,
the protections they deserve, and the protections that it is our
obligation to provide for them and which I feel very, very strongly
that this bill does.
This bill deserves support from this committee. I urge a ``yes''
vote.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Each further amendment printed in part C of House Report 117-125 not
earlier considered as part of the amendments en bloc pursuant to
section 4 of House Resolution 667, shall be considered only in the
order printed in the report, may be offered only by a Member designated
in the report, shall be considered as read, shall be debatable for the
time specified in the report equally divided and controlled by the
proponent and an opponent, may be withdrawn by the proponent at any
time before the question is put thereon, shall not be subject to
amendment, and shall not be subject to a demand for division of the
question.
It shall be in order at any time for the chair of the Committee on
Armed Services or his designee to offer amendments en bloc consisting
of further amendments printed in part C of House Report 117-125, not
earlier disposed of. Amendments en bloc shall be considered as read,
shall be debatable for 30 minutes equally divided and controlled by the
chair and ranking minority member of the Committee on Armed Services or
their respective designees, shall not be subject to amendment, and
shall not be subject to a demand for division of the question.
Amendment No. 1 Offered by Mr. Perlmutter
The SPEAKER pro tempore. It is now in order to consider amendment No.
1 printed in part C of House Report 117-125.
Mr. PERLMUTTER. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
After title LIII, insert the following:
TITLE LIV--SAFE BANKING
SEC. 5401. SHORT TITLE; TABLE OF CONTENTS; PURPOSE.
(a) Short Title.--This title may be cited as the ``Secure
And Fair Enforcement Banking Act of 2021'' or the ``SAFE
Banking Act of 2021''.
(b) Table of Contents.--The table of contents for this
title is as follows:
TITLE LIV--SAFE BANKING
Sec. 5401. Short title; table of contents; purpose.
Sec. 5402. Safe harbor for depository institutions.
Sec. 5403. Protections for ancillary businesses.
Sec. 5404. Protections under Federal law.
Sec. 5405. Rules of construction.
Sec. 5406. Requirements for filing suspicious activity reports.
Sec. 5407. Guidance and examination procedures.
Sec. 5408. Annual diversity and inclusion report.
Sec. 5409. GAO study on diversity and inclusion.
Sec. 5410. GAO study on effectiveness of certain reports on finding
certain persons.
Sec. 5411. Application of this title with respect to hemp-related
legitimate businesses and hemp-related service providers.
Sec. 5412. Banking services for hemp-related legitimate businesses and
hemp-related service providers.
[[Page H4806]]
Sec. 5413. Requirements for deposit account termination requests and
orders.
Sec. 5414. Definitions.
Sec. 5415. Discretionary surplus funds.
(c) Purpose.--The purpose of this title is to increase
public safety by ensuring access to financial services to
cannabis-related legitimate businesses and service providers
and reducing the amount of cash at such businesses.
SEC. 5402. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS.
(a) In General.--A Federal banking regulator may not--
(1) terminate or limit the deposit insurance or share
insurance of a depository institution under the Federal
Deposit Insurance Act (12 U.S.C. 1811 et seq.), the Federal
Credit Union Act (12 U.S.C. 1751 et seq.), or take any other
adverse action against a depository institution under section
8 of the Federal Deposit Insurance Act (12 U.S.C. 1818)
solely because the depository institution provides or has
provided financial services to a cannabis-related legitimate
business or service provider;
(2) prohibit, penalize, or otherwise discourage a
depository institution from providing financial services to a
cannabis-related legitimate business or service provider or
to a State, political subdivision of a State, or Indian Tribe
that exercises jurisdiction over cannabis-related legitimate
businesses;
(3) recommend, incentivize, or encourage a depository
institution not to offer financial services to an account
holder, or to downgrade or cancel the financial services
offered to an account holder solely because--
(A) the account holder is a cannabis-related legitimate
business or service provider, or is an employee, owner, or
operator of a cannabis-related legitimate business or service
provider;
(B) the account holder later becomes an employee, owner, or
operator of a cannabis-related legitimate business or service
provider; or
(C) the depository institution was not aware that the
account holder is an employee, owner, or operator of a
cannabis-related legitimate business or service provider;
(4) take any adverse or corrective supervisory action on a
loan made to--
(A) a cannabis-related legitimate business or service
provider, solely because the business is a cannabis-related
legitimate business or service provider;
(B) an employee, owner, or operator of a cannabis-related
legitimate business or service provider, solely because the
employee, owner, or operator is employed by, owns, or
operates a cannabis-related legitimate business or service
provider, as applicable; or
(C) an owner or operator of real estate or equipment that
is leased to a cannabis-related legitimate business or
service provider, solely because the owner or operator of the
real estate or equipment leased the equipment or real estate
to a cannabis-related legitimate business or service
provider, as applicable; or
(5) prohibit or penalize a depository institution (or
entity performing a financial service for or in association
with a depository institution) for, or otherwise discourage a
depository institution (or entity performing a financial
service for or in association with a depository institution)
from, engaging in a financial service for a cannabis-related
legitimate business or service provider.
(b) Safe Harbor Applicable to De Novo Institutions.--
Subsection (a) shall apply to an institution applying for a
depository institution charter to the same extent as such
subsection applies to a depository institution.
SEC. 5403. PROTECTIONS FOR ANCILLARY BUSINESSES.
For the purposes of sections 1956 and 1957 of title 18,
United States Code, and all other provisions of Federal law,
the proceeds from a transaction involving activities of a
cannabis-related legitimate business or service provider
shall not be considered proceeds from an unlawful activity
solely because--
(1) the transaction involves proceeds from a cannabis-
related legitimate business or service provider; or
(2) the transaction involves proceeds from--
(A) cannabis-related activities described in section
5414(4)(B) conducted by a cannabis-related legitimate
business; or
(B) activities described in section 5414(13)(A) conducted
by a service provider.
SEC. 5404. PROTECTIONS UNDER FEDERAL LAW.
(a) In General.--With respect to providing a financial
service to a cannabis-related legitimate business (where such
cannabis-related legitimate business operates within a State,
political subdivision of a State, or Indian country that
allows the cultivation, production, manufacture, sale,
transportation, display, dispensing, distribution, or
purchase of cannabis pursuant to a law or regulation of such
State, political subdivision, or Indian Tribe that has
jurisdiction over the Indian country, as applicable) or a
service provider (wherever located), a depository
institution, entity performing a financial service for or in
association with a depository institution, or insurer that
provides a financial service to a cannabis-related legitimate
business or service provider, and the officers, directors,
and employees of that depository institution, entity, or
insurer may not be held liable pursuant to any Federal law or
regulation--
(1) solely for providing such a financial service; or
(2) for further investing any income derived from such a
financial service.
(b) Protections for Federal Reserve Banks and Federal Home
Loan Banks.--With respect to providing a service to a
depository institution that provides a financial service to a
cannabis-related legitimate business (where such cannabis-
related legitimate business operates within a State,
political subdivision of a State, or Indian country that
allows the cultivation, production, manufacture, sale,
transportation, display, dispensing, distribution, or
purchase of cannabis pursuant to a law or regulation of such
State, political subdivision, or Indian Tribe that has
jurisdiction over the Indian country, as applicable) or
service provider (wherever located), a Federal reserve bank
or Federal Home Loan Bank, and the officers, directors, and
employees of the Federal reserve bank or Federal Home Loan
Bank, may not be held liable pursuant to any Federal law or
regulation--
(1) solely for providing such a service; or
(2) for further investing any income derived from such a
service.
(c) Protections for Insurers.--With respect to engaging in
the business of insurance within a State, political
subdivision of a State, or Indian country that allows the
cultivation, production, manufacture, sale, transportation,
display, dispensing, distribution, or purchase of cannabis
pursuant to a law or regulation of such State, political
subdivision, or Indian Tribe that has jurisdiction over the
Indian country, as applicable, an insurer that engages in the
business of insurance with a cannabis-related legitimate
business or service provider or who otherwise engages with a
person in a transaction permissible under State law related
to cannabis, and the officers, directors, and employees of
that insurer may not be held liable pursuant to any Federal
law or regulation--
(1) solely for engaging in the business of insurance; or
(2) for further investing any income derived from the
business of insurance.
(d) Forfeiture.--
(1) Depository institutions.--A depository institution that
has a legal interest in the collateral for a loan or another
financial service provided to an owner, employee, or operator
of a cannabis-related legitimate business or service
provider, or to an owner or operator of real estate or
equipment that is leased or sold to a cannabis-related
legitimate business or service provider, shall not be subject
to criminal, civil, or administrative forfeiture of that
legal interest pursuant to any Federal law for providing such
loan or other financial service.
(2) Federal reserve banks and federal home loan banks.--A
Federal reserve bank or Federal Home Loan Bank that has a
legal interest in the collateral for a loan or another
financial service provided to a depository institution that
provides a financial service to a cannabis-related legitimate
business or service provider, or to an owner or operator of
real estate or equipment that is leased or sold to a
cannabis-related legitimate business or service provider,
shall not be subject to criminal, civil, or administrative
forfeiture of that legal interest pursuant to any Federal law
for providing such loan or other financial service.
SEC. 5405. RULES OF CONSTRUCTION.
(a) No Requirement to Provide Financial Services.--Nothing
in this title shall require a depository institution, entity
performing a financial service for or in association with a
depository institution, or insurer to provide financial
services to a cannabis-related legitimate business, service
provider, or any other business.
(b) General Examination, Supervisory, and Enforcement
Authority.--Nothing in this title may be construed in any way
as limiting or otherwise restricting the general examination,
supervisory, and enforcement authority of the Federal banking
regulators, provided that the basis for any supervisory or
enforcement action is not the provision of financial services
to a cannabis-related legitimate business or service
provider.
(c) Business of Insurance.--Nothing in this title shall
interfere with the regulation of the business of insurance in
accordance with the Act of March 9, 1945 (59 Stat. 33,
chapter 20; 15 U.S.C. 1011 et seq.) (commonly known as the
``McCarran-Ferguson Act'') and the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.).
SEC. 5406. REQUIREMENTS FOR FILING SUSPICIOUS ACTIVITY
REPORTS.
Section 5318(g) of title 31, United States Code, is amended
by adding at the end the following:
``(5) Requirements for cannabis-related legitimate
businesses.--
``(A) In general.--With respect to a financial institution
or any director, officer, employee, or agent of a financial
institution that reports a suspicious transaction pursuant to
this subsection, if the reason for the report relates to a
cannabis-related legitimate business or service provider, the
report shall comply with appropriate guidance issued by the
Financial Crimes Enforcement Network. Not later than the end
of the 180-day period beginning on the date of enactment of
this paragraph, the Secretary shall update the February 14,
2014, guidance titled `BSA Expectations Regarding Marijuana-
Related Businesses' (FIN-2014-G001) to ensure that the
guidance is consistent with the purpose and intent of the
SAFE Banking Act of 2021 and does not significantly inhibit
the provision of financial services to a cannabis-
[[Page H4807]]
related legitimate business or service provider in a State,
political subdivision of a State, or Indian country that has
allowed the cultivation, production, manufacture,
transportation, display, dispensing, distribution, sale, or
purchase of cannabis pursuant to law or regulation of such
State, political subdivision, or Indian Tribe that has
jurisdiction over the Indian country.
``(B) Definitions.--For purposes of this paragraph:
``(i) Cannabis.--The term `cannabis' has the meaning given
the term `marihuana' in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
``(ii) Cannabis-related legitimate business.--The term
`cannabis-related legitimate business' has the meaning given
that term in section 5414 of the SAFE Banking Act of 2021.
``(iii) Indian country.--The term `Indian country' has the
meaning given that term in section 1151 of title 18.
``(iv) Indian tribe.--The term `Indian Tribe' has the
meaning given that term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
``(v) Financial service.--The term `financial service' has
the meaning given that term in section 5414 of the SAFE
Banking Act of 2021.
``(vi) Service provider.--The term `service provider' has
the meaning given that term in section 5414 of the SAFE
Banking Act of 2021.
``(vii) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United
States.''.
SEC. 5407. GUIDANCE AND EXAMINATION PROCEDURES.
Not later than 180 days after the date of enactment of this
Act, the Financial Institutions Examination Council shall
develop uniform guidance and examination procedures for
depository institutions that provide financial services to
cannabis-related legitimate businesses and service providers.
SEC. 5408. ANNUAL DIVERSITY AND INCLUSION REPORT.
The Federal banking regulators shall issue an annual report
to Congress containing--
(1) information and data on the availability of access to
financial services for minority-owned and women-owned
cannabis-related legitimate businesses; and
(2) any regulatory or legislative recommendations for
expanding access to financial services for minority-owned and
women-owned cannabis-related legitimate businesses.
SEC. 5409. GAO STUDY ON DIVERSITY AND INCLUSION.
(a) Study.--The Comptroller General of the United States
shall carry out a study on the barriers to marketplace entry,
including in the licensing process, and the access to
financial services for potential and existing minority-owned
and women-owned cannabis-related legitimate businesses.
(b) Report.--The Comptroller General shall issue a report
to the Congress--
(1) containing all findings and determinations made in
carrying out the study required under subsection (a); and
(2) containing any regulatory or legislative
recommendations for removing barriers to marketplace entry,
including in the licensing process, and expanding access to
financial services for potential and existing minority-owned
and women-owned cannabis-related legitimate businesses.
SEC. 5410. GAO STUDY ON EFFECTIVENESS OF CERTAIN REPORTS ON
FINDING CERTAIN PERSONS.
Not later than 2 years after the date of the enactment of
this Act, the Comptroller General of the United States shall
carry out a study on the effectiveness of reports on
suspicious transactions filed pursuant to section 5318(g) of
title 31, United States Code, at finding individuals or
organizations suspected or known to be engaged with
transnational criminal organizations and whether any such
engagement exists in a State, political subdivision, or
Indian Tribe that has jurisdiction over Indian country that
allows the cultivation, production, manufacture, sale,
transportation, display, dispensing, distribution, or
purchase of cannabis. The study shall examine reports on
suspicious transactions as follows:
(1) During the period of 2014 until the date of the
enactment of this Act, reports relating to marijuana-related
businesses.
(2) During the 1-year period after date of the enactment of
this Act, reports relating to cannabis-related legitimate
businesses.
SEC. 5411. APPLICATION OF THIS TITLE WITH RESPECT TO HEMP-
RELATED LEGITIMATE BUSINESSES AND HEMP-RELATED
SERVICE PROVIDERS.
(a) In General.--The provisions of this title (other than
sections 5406 and 5410) shall apply with respect to hemp-
related legitimate businesses and hemp-related service
providers in the same manner as such provisions apply with
respect to cannabis-related legitimate businesses and service
providers.
(b) Definitions.--In this section:
(1) CBD.--The term ``CBD'' means cannabidiol.
(2) Hemp.--The term ``hemp'' has the meaning given that
term under section 297A of the Agricultural Marketing Act of
1946 (7 U.S.C. 1639o).
(3) Hemp-related legitimate business.--The term ``hemp-
related legitimate business'' means a manufacturer, producer,
or any person or company that--
(A) engages in any activity described in subparagraph (B)
in conformity with the Agricultural Improvement Act of 2018
(Public Law 115-334) and the regulations issued to implement
such Act by the Department of Agriculture, where applicable,
and the law of a State or political subdivision thereof or
Indian Tribe; and
(B) participates in any business or organized activity that
involves handling hemp, hemp-derived CBD products, and other
hemp-derived cannabinoid products, including cultivating,
producing, extracting, manufacturing, selling, transporting,
displaying, dispensing, distributing, or purchasing hemp,
hemp-derived CBD products, and other hemp-derived cannabinoid
products.
(4) Hemp-related service provider.--The term ``hemp-related
service provider''--
(A) means a business, organization, or other person that--
(i) sells goods or services to a hemp-related legitimate
business; or
(ii) provides any business services, including the sale or
lease of real or any other property, legal or other licensed
services, or any other ancillary service, relating to hemp,
hemp-derived CBD products, or other hemp-derived cannabinoid
products; and
(B) does not include a business, organization, or other
person that participates in any business or organized
activity that involves handling hemp, hemp-derived CBD
products, or other hemp-derived cannabinoid products,
including cultivating, producing, manufacturing, selling,
transporting, displaying, dispensing, distributing, or
purchasing hemp, hemp-derived CBD products, and other hemp-
derived cannabinoid products.
SEC. 5412. BANKING SERVICES FOR HEMP-RELATED LEGITIMATE
BUSINESSES AND HEMP-RELATED SERVICE PROVIDERS.
(a) Findings.--The Congress finds that--
(1) the Agriculture Improvement Act of 2018 (Public Law
115-334) legalized hemp by removing it from the definition of
``marihuana'' under the Controlled Substances Act;
(2) despite the legalization of hemp, some hemp businesses
(including producers, manufacturers, and retailers) continue
to have difficulty gaining access to banking products and
services; and
(3) businesses involved in the sale of hemp-derived CBD
products are particularly affected, due to confusion about
the legal status of such products.
(b) Federal Banking Regulators' Hemp Banking Guidance.--Not
later than the end of the 90-day period beginning on the date
of enactment of this Act, the Federal banking regulators
shall update their existing guidance, as applicable,
regarding the provision of financial services to hemp-related
legitimate businesses and hemp-related service providers to
address--
(1) compliance with financial institutions' existing
obligations under Federal laws and implementing regulations
determined relevant by the Federal banking regulators,
including subchapter II of chapter 53 of title 31, United
States Code, and its implementing regulation in conformity
with this title and the Department of Agriculture's rules
regulating domestic hemp production (7 CFR 990); and
(2) best practices for financial institutions to follow
when providing financial services, including processing
payments, to hemp-related legitimate businesses and hemp-
related service providers.
(c) Definitions.--In this section:
(1) Financial institution.--The term ``financial
institution''--
(A) has the meaning given that term under section 5312(a)
of title 31, United States Code; and
(B) includes a bank holding company, as defined under
section 2(a) of the Bank Holding Company Act of 1956 (12
U.S.C. 1841(a)).
(2) Hemp terms.--The terms ``CBD'', ``hemp'', ``hemp-
related legitimate business'', and ``hemp-related service
provider'' have the meaning given those terms, respectively,
under section 5411.
SEC. 5413. REQUIREMENTS FOR DEPOSIT ACCOUNT TERMINATION
REQUESTS AND ORDERS.
(a) Termination Requests or Orders Must Be Valid.--
(1) In general.--An appropriate Federal banking agency may
not formally or informally request or order a depository
institution to terminate a specific customer account or group
of customer accounts or to otherwise restrict or discourage a
depository institution from entering into or maintaining a
banking relationship with a specific customer or group of
customers unless--
(A) the agency has a valid reason for such request or
order; and
(B) such reason is not based solely on reputation risk.
(2) Treatment of national security threats.--If an
appropriate Federal banking agency believes a specific
customer or group of customers is, or is acting as a conduit
for, an entity which--
(A) poses a threat to national security;
(B) is involved in terrorist financing;
(C) is an agency of the Government of Iran, North Korea,
Syria, or any country listed from time to time on the State
Sponsors of Terrorism list;
(D) is located in, or is subject to the jurisdiction of,
any country specified in subparagraph (C); or
(E) does business with any entity described in subparagraph
(C) or (D), unless the appropriate Federal banking agency
determines that the customer or group of customers has used
due diligence to avoid doing business
[[Page H4808]]
with any entity described in subparagraph (C) or (D),
such belief shall satisfy the requirement under paragraph
(1).
(b) Notice Requirement.--
(1) In general.--If an appropriate Federal banking agency
formally or informally requests or orders a depository
institution to terminate a specific customer account or a
group of customer accounts, the agency shall--
(A) provide such request or order to the institution in
writing; and
(B) accompany such request or order with a written
justification for why such termination is needed, including
any specific laws or regulations the agency believes are
being violated by the customer or group of customers, if any.
(2) Justification requirement.--A justification described
under paragraph (1)(B) may not be based solely on the
reputation risk to the depository institution.
(c) Customer Notice.--
(1) Notice required.--Except as provided under paragraph
(2) or as otherwise prohibited from being disclosed by law,
if an appropriate Federal banking agency orders a depository
institution to terminate a specific customer account or a
group of customer accounts, the depository institution shall
inform the specific customer or group of customers of the
justification for the customer's account termination
described under subsection (b).
(2) Notice prohibited.--
(A) Notice prohibited in cases of national security.--If an
appropriate Federal banking agency requests or orders a
depository institution to terminate a specific customer
account or a group of customer accounts based on a belief
that the customer or customers pose a threat to national
security, or are otherwise described under subsection (a)(2),
neither the depository institution nor the appropriate
Federal banking agency may inform the customer or customers
of the justification for the customer's account termination.
(B) Notice prohibited in other cases.--If an appropriate
Federal banking agency determines that the notice required
under paragraph (1) may interfere with an authorized criminal
investigation, neither the depository institution nor the
appropriate Federal banking agency may inform the specific
customer or group of customers of the justification for the
customer's account termination.
(d) Reporting Requirement.--Each appropriate Federal
banking agency shall issue an annual report to the Congress
stating--
(1) the aggregate number of specific customer accounts that
the agency requested or ordered a depository institution to
terminate during the previous year; and
(2) the legal authority on which the agency relied in
making such requests and orders and the frequency on which
the agency relied on each such authority.
(e) Definitions.--For purposes of this section:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' means--
(A) the appropriate Federal banking agency, as defined
under section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813); and
(B) the National Credit Union Administration, in the case
of an insured credit union.
(2) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution, as defined under section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813); and
(B) an insured credit union.
SEC. 5414. DEFINITIONS.
In this title:
(1) Business of insurance.--The term ``business of
insurance'' has the meaning given such term in section 1002
of the Dodd-Frank Wall Street Reform and Consumer Protection
Act (12 U.S.C. 5481).
(2) Cannabis.--The term ``cannabis'' has the meaning given
the term ``marihuana'' in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(3) Cannabis product.--The term ``cannabis product'' means
any article which contains cannabis, including an article
which is a concentrate, an edible, a tincture, a cannabis-
infused product, or a topical.
(4) Cannabis-related legitimate business.--The term
``cannabis-related legitimate business'' means a
manufacturer, producer, or any person or company that--
(A) engages in any activity described in subparagraph (B)
pursuant to a law established by a State or a political
subdivision of a State, as determined by such State or
political subdivision; and
(B) participates in any business or organized activity that
involves handling cannabis or cannabis products, including
cultivating, producing, manufacturing, selling, transporting,
displaying, dispensing, distributing, or purchasing cannabis
or cannabis products.
(5) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution as defined in section 3(c) of
the Federal Deposit Insurance Act (12 U.S.C. 1813(c));
(B) a Federal credit union as defined in section 101 of the
Federal Credit Union Act (12 U.S.C. 1752); or
(C) a State credit union as defined in section 101 of the
Federal Credit Union Act (12 U.S.C. 1752).
(6) Federal banking regulator.--The term ``Federal banking
regulator'' means each of the Board of Governors of the
Federal Reserve System, the Bureau of Consumer Financial
Protection, the Federal Deposit Insurance Corporation, the
Federal Housing Finance Agency, the Financial Crimes
Enforcement Network, the Office of Foreign Asset Control, the
Office of the Comptroller of the Currency, the National
Credit Union Administration, the Department of the Treasury,
or any Federal agency or department that regulates banking or
financial services, as determined by the Secretary of the
Treasury.
(7) Financial service.--The term ``financial service''--
(A) means a financial product or service, as defined in
section 1002 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5481), regardless if the
customer receiving the product or service is a consumer or
commercial entity;
(B) means a financial product or service, or any
combination of products and services, permitted to be
provided by--
(i) a national bank or a financial subsidiary pursuant to
the authority provided under--
(I) the provision designated ``Seventh'' of section 5136 of
the Revised Statutes of the United States (12 U.S.C. 24); or
(II) section 5136A of the Revised Statutes of the United
States (12 U.S.C. 24a); and
(ii) a Federal credit union, pursuant to the authority
provided under the Federal Credit Union Act;
(C) includes the business of insurance;
(D) includes, whether performed directly or indirectly, the
authorizing, processing, clearing, settling, billing,
transferring for deposit, transmitting, delivering,
instructing to be delivered, reconciling, collecting, or
otherwise effectuating or facilitating of payments or funds,
where such payments or funds are made or transferred by any
means, including by the use of credit cards, debit cards,
other payment cards, or other access devices, accounts,
original or substitute checks, or electronic funds transfers;
(E) includes acting as a money transmitting business which
directly or indirectly makes use of a depository institution
in connection with effectuating or facilitating a payment for
a cannabis-related legitimate business or service provider in
compliance with section 5330 of title 31, United States Code,
and any applicable State law; and
(F) includes acting as an armored car service for
processing and depositing with a depository institution or a
Federal reserve bank with respect to any monetary instruments
(as defined under section 1956(c)(5) of title 18, United
States Code.
(8) Indian country.--The term ``Indian country'' has the
meaning given that term in section 1151 of title 18.
(9) Indian tribe.--The term ``Indian Tribe'' has the
meaning given that term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(10) Insurer.--The term ``insurer'' has the meaning given
that term under section 313(r) of title 31, United States
Code.
(11) Manufacturer.--The term ``manufacturer'' means a
person who manufactures, compounds, converts, processes,
prepares, or packages cannabis or cannabis products.
(12) Producer.--The term ``producer'' means a person who
plants, cultivates, harvests, or in any way facilitates the
natural growth of cannabis.
(13) Service provider.--The term ``service provider''--
(A) means a business, organization, or other person that--
(i) sells goods or services to a cannabis-related
legitimate business; or
(ii) provides any business services, including the sale or
lease of real or any other property, legal or other licensed
services, or any other ancillary service, relating to
cannabis; and
(B) does not include a business, organization, or other
person that participates in any business or organized
activity that involves handling cannabis or cannabis
products, including cultivating, producing, manufacturing,
selling, transporting, displaying, dispensing, distributing,
or purchasing cannabis or cannabis products.
(14) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
SEC. 5415. DISCRETIONARY SURPLUS FUNDS.
Section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C.
289(a)(3)(A)) is amended by reducing the dollar figure by
$6,000,000.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from Colorado (Mr. Perlmutter) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Colorado.
Mr. PERLMUTTER. Madam Speaker, I yield myself 1\1/2\ minutes.
Madam Speaker, I offer this amendment, which is identical to the SAFE
Banking Act the House passed by a vote of 321-101 in April. 180
bipartisan Members of Congress and 39 bipartisan Senators are
cosponsors of this important legislation to allow State-regulated
cannabis businesses to access the financial system and improve safety
in our communities by getting cash off the streets.
By bringing cash into the financial system, banks and credit unions
will
[[Page H4809]]
subject the funds and the account holders to rigorous anti-money
laundering and ``know your customer'' requirements. Under FinCEN's 2014
guidance, financial institutions must comply with a heightened anti-
money laundering reporting regime when providing services to cannabis
businesses. This will strengthen the security of our financial system
and our country by keeping bad actors like foreign cartels out of the
cannabis industry.
But most importantly, this amendment will reduce the risk of violent
crime in our communities. By dealing in all cash, these businesses and
their employees become targets for robbery, assaults, burglaries, and
more. In Colorado, Travis Mason, a young father and Marine Corps
veteran, was murdered while working as a security guard for a cannabis
business. We cannot wait any longer to address this public safety
threat.
I want to thank my cosponsors on this amendment, Representatives
Velazquez, Davidson, Correa, Blumenauer, Joyce, and Barbara Lee, as
well as former Representatives Heck and Stivers.
Madam Speaker, I reserve the balance of my time.
Mr. ROGERS of Alabama. Madam Speaker, I rise in opposition to the
amendment.
The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
Mr. ROGERS of Alabama. Madam Speaker, this is a fine piece of
legislation in a stand-alone fashion. In fact, I voted for the
gentleman's stand-alone bill. I think what he is trying to accomplish
is admirable and should be accomplished, but not in the National
Defense Authorization Act.
He knows that I am not picking on his bill. I feel this way about
anything that is not in our jurisdiction.
But having said that, the language is not related to the NDAA, and I
urge opposition.
Madam Speaker, I yield back the balance of my time.
Mr. PERLMUTTER. Madam Speaker, I just would remind the gentleman from
Alabama the matter was deemed germane by the Parliamentarian.
I yield 1 minute to the gentleman from Ohio (Mr. Davidson).
Mr. DAVIDSON. Madam Speaker, I think the reason it was ruled germane
by the Parliamentarian is the cartels control the drug trade in the
United States. While most States have made some legal form for
marijuana, the cartels still dominate the market.
Part of the reason is the cash is in the black market. Legal
operations in many states cannot be banked. People that work there
can't get mortgages. They don't have access to the banking system. The
reality is the financial industry is being pushed by regulators to kind
of back-door and make something illegal.
This has been done on any number of fronts, whether firearms are
disfavored in some states, well, you know, you have reputational risk
if you are going to bank these people. For too long in America we have
had a standard that said, ``Well, you are not going to bank these
people, are you?'' Who ``these people'' are has changed.
This is preventing us from stopping the cartels. It is germane, and I
urge everyone to support the amendment.
Mr. PERLMUTTER. Madam Speaker, I include in the Record a letter from
Governors from 21 States and Territories endorsing the SAFE Banking
Act, along with a list of 41 other diverse organizations who support
the legislation.
Hon. Charles E. Schumer,
Majority Leader,
Washington, DC.
Hon. Nancy Pelosi,
Speaker of the House,
Washington, DC.
Hon. Sherrod Brown,
Chair, Senate Committee on Banking,
Housing and Urban Affairs, Washington, DC.
Hon. Maxine Waters,
Chair,
House Committee on Financial Services, Washington, DC.
Hon. Mitch McConnell,
Minority Leader,
Washington, DC.
Hon. Kevin McCarthy,
Minority Leader,
Washington, DC.
Hon. Pat Toomey,
Ranking Member, Senate Committee on Banking, Housing and
Urban Affairs, Washington, DC.
Hon. Patrick McHenry,
Ranking Member, House Committee on Financial Services,
Washington, DC.
April 19, 2021.
Dear Congressional Leaders: As our States' chief
executives, we urge Congress to pass legislation allowing
states with legalized medical or adult-use cannabis to
operate safely under the national banking system. We strongly
support the passage of the Secure and Fair Enforcement (SAFE)
Banking Act of 2021 (H.R. 1996/S. 910) or similar legislation
that would remove the legal uncertainty and allow banks and
credit unions to provide services to state-licensed cannabis-
related businesses.
We were pleased that the House passed similar legislation
in the 116th Congress (H.R. 1595). The SAFE Banking Act of
2021 already has more than 165 bipartisan House cosponsors
and more than 30 bipartisan Senate cosponsors. The
legislation has also received support from more than 30
associations.
Currently, 36 U.S. states, four U.S. territories, and the
District of Columbia have legalized the medical use of
cannabis. Additionally, 18 states, two territories, and the
District of Columbia have legalized recreational use by
adults over 21 years of age. Despite legalization of cannabis
at the state-level, our financial institutions face enormous
legal risks and criminal and civil liability under the
Controlled Substances Act. These barriers disincentive
financial institutions from providing banking services to
state-licensed and regulated cannabis businesses.
Because few banks and credit unions provide these services,
state-licensed cannabis businesses predominantly operate on a
cash basis. Without banking services, state-licensed cannabis
businesses are unable to write checks, make and receive
electronic payments, utilize a payroll provider, or accept
credit and debit cards. Cash only businesses pose a
significant public safety risk to customers and employees.
The cash-only environment also burdens state and local
government agencies that must collect tax and fee payments in
person and in cash, which creates additional public expenses
and employee safety risks.
State and federal governments have a shared interest in
upholding the rule of law, protecting public safety, and
transitioning markets out of the shadows and into our
transparent and regulated banking system. Many of our states
have implemented laws and regulations to reduce these risks
while ensuring financial accountability of the cannabis
industry. These public safety risks can be further mitigated
on the federal level by passing the SAFE Banking Act to
provide state-licensed cannabis businesses with access to
banking service providers.
We urge you to pass the SAFE Banking Act of 2021 or similar
legislation that would provide a safe harbor for depository
institutions that provide a financial product or service to a
state-licensed cannabis business in states that have
legalized cannabis. We look forward to working with you as
legislation progresses to address this urgent public policy
and safety concern.
Sincerely,
Governor Jared Polis, State of Colorado; Governor Ned
Lamont, State of Connecticut; Governor John Bel
Edwards, State of Louisiana; Governor Charlie Baker,
State of Massachusetts; Governor Steve Sisolak, State
of Nevada; Governor Michelle Lujan Grisham, State of
New Mexico; Governor Doug Burgum, State of North
Dakota; Governor Gavin Newsom, State of California;
Governor JB Pritzker, State of Illinois; Governor Janet
Mills, State of Maine; Governor Gretchen Whitmer, State
of Michigan; Governor Phil Murphy, State of New Jersey;
Governor Andrew Cuomo, State of New York; Governor Kate
Brown, State of Oregon; Governor Tom Wolf, State of
Pennsylvania; Governor Albert Bryan, Territory of U.S.
Virgin Islands; Governor Jay Inslee, State of
Washington; Governor Tony Evers, State of Wisconsin;
Governor Spencer Cox, State of Utah; Governor Ralph
Northam, State of Virginia; Governor Jim Justice, State
of West Virginia.
The SAFE Banking Act is supported by Governors from 21 states and
territories as well as these 41 organizations
1. American Bankers Association (ABA).
2. American Council of Independent Laboratories (ACIL).
3. American Council of Life Insurers (ACLI).
4. American Financial Services Association (AFSA).
5. American Land Title Association (ALTA).
6. American Property Casualty Insurance Association
(APCIA).
7. American Trade Association for Cannabis and Hemp
(ATACH).
8. Arizona Dispensaries Association (ADA).
9. Association of Bermuda Insurers and Reinsurers (ABIR).
10. California and Nevada Credit Union Leagues (CCUL).
11. California Insurance Commissioner and California
Department of Insurance.
12. Cannabis Business Association of Illinois.
13. Colorado Bankers Association.
14. Colorado Municipal League.
15. Credit Union National Association (CUNA).
16. Council of lnsurance Agents & Brokers (CIAB).
17. Electronic Transactions Association (ETA).
[[Page H4810]]
18. Independent Community Bankers of America (ICBA).
19. Independent Insurance Agents & Brokers of America
(IIABA).
20. Insured Retirement Institute (IRI).
21. Law Enforcement Action Partnership (LEAP).
22. Mountain West Credit Union Association (MWCUA).
23. National Armored Car Association.
24. National Association of Federally-Insured Credit Unions
(NAFCU).
25. National Association of Mutual Insurance Companies
(NAMIC).
26. National Association of Professional Insurance Agents
(PIA).
27. National Association of Realtors.
28. National Association of State Treasurers (NAST).
29. National Cannabis Roundtable (NCR).
30. National Cannabis Industry Association (NCIA).
31. National Medicinal Cannabis Coalition (NMCC).
32. National Organization for the Reform of Marijuana Laws
(NORML).
33. Minority Cannabis Business Association (MCBA).
34. Policy Center for Public Health & Safety.
35. Reinsurance Association of America (RAA).
36. Rural County Representatives of California (RCRC)
37. The Real Estate Roundtable.
38. United Food and Commercial Workers (UFCW).
39. U.S. Cannabis Council (USCC).
40. U.S. Hemp Roundtable.
41. Wholesale & Specialty Insurance Association (WSIA).
Mr. PERLMUTTER. Madam Speaker, I yield 1\1/2\ minutes to the
gentleman from California (Mr. Correa).
Mr. CORREA. Madam Speaker, I rise in strong support of the SAFE
Banking Act as an amendment to the NDAA. More than half--let me repeat,
more than half of the U.S. population lives in a State jurisdiction
where cannabis is legal. Veterans prefer cannabis to opioids to treat
their invisible wounds that they bring back from the battlefield.
Cannabis customers and businesses are law-abiding citizens and
entities, yet they have to pay their employees, their bills, and their
Federal taxes with cash. It just does not make sense.
As my colleagues on the other side of the aisle have pointed out, we
need to get rid of that gray black market, bring this cash business
into the banking system.
Again, I rise in strong support of this commonsense measure.
Mr. PERLMUTTER. Madam Speaker, I yield myself the balance of my time
to close.
This is a public safety and a national security matter, very germane
to the issues at hand, dealing with foreign cartels and particularly
the cash that is developed by this business that leads to crime. We
have seen murders, robberies, assaults, and then the potential for
foreign malignant forces to get into the cannabis industry here in the
United States.
I urge the passage of amendment No. 1 and yield back the balance of
my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the gentleman
from Colorado (Mr. Perlmutter).
The question is on the amendment offered by the gentleman from
Colorado (Mr. Perlmutter).
The amendment was agreed to.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore. The Chair understands that amendments 2, 3,
and 4 will not be offered at this time.
Amendment No. 5 Offered by Ms. Dean
The SPEAKER pro tempore. It is now in order to consider amendment No.
5 printed in part C of House Report 117-125.
Ms. DEAN. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
In title LI of division E, after section 5105, insert the
following:
SEC. 5106. PROTECTIONS FOR OBLIGORS AND COSIGNERS IN CASE OF
DEATH OR TOTAL AND PERMANENT DISABILITY.
(a) In General.--Section 140(g) of the Truth in Lending Act
(15 U.S.C. 1650(g)) is amended--
(1) in paragraph (2)--
(A) in the heading, by striking ``in case of death of
borrower'';
(B) in subparagraph (A), by inserting after ``of the
death'', the following: ``or total and permanent
disability''; and
(C) in subparagraph (C), by inserting after ``of the
death'', the following: ``or total and permanent
disability''; and
(2) by adding at the end the following:
``(3) Discharge in case of death or total and permanent
disability of borrower.--The holder of a private education
loan shall, when notified of the death or total and permanent
disability of a student obligor, discharge the liability of
the student obligor on the loan and may not, after such
notification--
``(A) attempt to collect on the outstanding liability of
the student obligor; and
``(B) in the case of total and permanent disability,
monitor the disability status of the student obligor at any
point after the date of discharge.
``(4) Total and permanent disability defined.--For the
purposes of this subsection and with respect to an
individual, the term `total and permanent disability' means
the individual is totally and permanently disabled, as such
term is defined in section 685.102(b) of title 34 of the Code
of Federal Regulations.
``(5) Private discharge in cases of certain discharge for
death or disability.--The holder of a private education loan
shall, when notified of the discharge of liability of a
student obligor on a loan described under section
108(f)(5)(A) of the Internal Revenue Code of 1986, discharge
any liability of the student obligor (and any cosigner) on
any private education loan which the private education loan
holder holds and may not, after such notification--
``(A) attempt to collect on the outstanding liability of
the student obligor; and
``(B) in the case of total and permanent disability,
monitor the disability status of the student obligor at any
point after the date of discharge.''.
(b) Rulemaking.--The Director of the Bureau of Consumer
Financial Protection may issue rules to implement the
amendments made by subsection (a) as the Director determines
appropriate.
(c) Effective Date.--The amendments made by this section
shall take effect 1 year after the date of the enactment of
this Act.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentlewoman from Pennsylvania (Ms. Dean) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Pennsylvania.
Ms. DEAN. Madam Speaker, I rise today in support of my amendment,
which would require private student lenders to discharge private
student loan debt for people who become totally or permanently
disabled.
This amendment was inspired by a constituent who came to our office
in need. Like many young Americans, my constituent pursued an education
and chose to use private loans to help fund her college costs. She was
also fully prepared to repay her loans, but tragically she became
permanently and totally disabled.
Because of her permanent disability, her mother must now take care of
her for life, and not only is the mother her caretaker, she is also the
cosigner obligated to carry and pay for this debilitating debt.
{time} 2215
Though the student's particular lender allowed her debt to be
discharged, her mother, who cosigned the loan, was not dismissed from
that responsibility. Though this reality may be foreign to many of us,
for those it does affect, it will change their lives forever.
That is why this amendment would right a wrong and bring parity
between protections for private student loan borrowers and Federal
student loan borrowers.
Currently, private student lenders are not required to discharge the
obligation of a borrower who becomes permanently disabled, only in the
case of death. However, for Federal student loans in the case of
permanent disability or death, loans are discharged.
In addition, Federal student loans do not require cosigners.
Specifically, my amendment amends the Truth in Lending Act to require
discharge of private student loans in the case of permanent or total
disability of the borrower; require the discharge of cosigners in the
case of the borrower's permanent or total disability; require private
lenders to discharge a borrower's obligation when they are notified
that the Federal Government has discharged the Federal student loans of
the borrower.
As we debate the National Defense Authorization Act, it is important
to highlight that our servicemembers are disproportionately using
private student loans. And these veterans who use private student loans
disproportionately use them to attend for-profit universities or
institutions. In some instances, veterans leave with nearly double the
amount of debt compared to
[[Page H4811]]
their counterparts who use Federal veterans' education benefits.
Our veterans, our servicemembers, along with all of our constituents,
deserve to be protected in the case of unexpected hardship.
I am pleased that in August, the Biden administration announced it
would automatically cancel Federal student loan debt through the Total
and Permanent Disability Discharge program. The TPD Discharge program
provides loan discharge for the borrower and the cosigner should the
borrower become totally and permanently disabled.
This is a first step in providing 323,000 Federal student loan
borrowers with disabilities the relief they are entitled to under the
law.
It is our responsibility to codify and extend this same needed
support to our private student loan borrowers and their families
affected with these tragedies.
I pray no one go through what my constituents have gone through.
We must move this commonsense and important amendment forward, and I
urge all members to support it.
Madam Speaker, I reserve the balance of my time.
Mr. DAVIDSON. Madam Speaker, I rise in opposition to the amendment.
The SPEAKER pro tempore (Ms. Stansbury). The gentleman from Ohio is
recognized for 5 minutes.
Mr. DAVIDSON. Madam Speaker, this amendment requires the discharge of
private education loans in the event the borrower dies or becomes
permanently and totally disabled. Republicans are very sympathetic to
both situations.
Private education lenders already provide relief to the estates of
deceased student borrowers and the student loan borrowers who become
permanently and totally disabled, if requested.
Furthermore, in a competitive market, student loan seekers are free
to choose between lenders who observe similar practices and those who
do not.
Congress should not attempt to legislate the terms of agreement to
which the parties have already agreed.
This amendment imposes a new condition on private education lenders
in contracts that haven't been negotiated or discussed between the
lender and borrower.
If this amendment becomes law, this clause would be automatic,
increasing compliance costs for lenders, diminishing the market value
of existing loans, and having the downstream effect of making credit
more expensive for consumers.
Therefore, I believe this amendment is a solution in search of a
problem. It would insert Congress into a process that is already being
utilized by lenders.
And while I understand the gentlewoman's concerns that led to
drafting this amendment, I cannot support it in its current form. In
fact, I would personally be happy to work with the gentlewoman to solve
the problem in a different way.
I do oppose this amendment in its current form, and I reserve the
balance of my time.
Ms. DEAN. Madam Speaker, I thank the gentleman for wanting to work
with me on this. Certainly this is a serious problem, and it is a
serious problem for my constituent, and I am sure constituents in any
other district in our country.
But there is a misstatement in the gentleman's words. It is voluntary
right now on the part of the private lenders, and this bill would
codify the requirement to ensure that disability discharge for private
student loans is not a choice.
Certainly, when you sign up for a loan, you don't think about
planning for becoming totally disabled and unable to afford your own
student loans.
Unfortunately, as my constituent case shows, some private lenders do
not voluntarily discharge for the borrower and the cosponsor in the
case of permanent and total disability. I believe we have a duty to
stand up for the most vulnerable among us. This bill would help
accomplish that goal.
I commend the lenders who do step up voluntarily, but we need to
codify this discharge of liability in the case of total or permanent
disability.
I urge support, and I reserve the balance of my time.
Mr. DAVIDSON. Madam Speaker, I yield 2 minutes to the gentlewoman
from North Carolina (Ms. Foxx).
Ms. FOXX. Madam Speaker, I thank my colleague from Ohio for yielding.
Madam Speaker, I rise in opposition to the amendment offered by the
gentlewoman from Pennsylvania.
This amendment would require private lenders automatically to
discharge loans for borrowers who die or become totally and permanently
disabled.
As you can clearly see, this amendment, like so many others we are
debating, has no relation to our Nation's defense.
In addition to being irrelevant to the bill we are considering, the
language is also completely unnecessary.
Private lenders, as my colleague has already said, already discharge
loans for borrowers and their families who find themselves in these
horrible circumstances.
They do this not because they are required by the government to do
so, but because it is the right thing to do.
All this amendment would do is waste valuable time to create a
government mandate for a feature already commonplace in the industry.
This amendment is yet another example of Democrats finding ways for
the Federal Government to take over every aspect of our lives and
destroy as much as possible of the private sector.
I urge my colleagues to object to the inclusion of this unneeded
policy.
Ms. DEAN. Madam Speaker, of course there is a clear nexus to our
veterans and our servicemembers, and it would be marvelous if all
private student loan lenders would voluntarily discharge in the case of
permanent or total disability. It just simply isn't the case.
We are trying to ensure parity, regardless of who the borrower owes.
We don't believe this would be a difficulty for all of these lenders
who you say are willing to do this.
If the lenders honestly want to fight this so that they can take
every last dollar of the individuals and their families despite their
suffering, they can go to court, and they can ask the court for a
remedy.
I urge support, and I yield back the balance of my time.
Mr. DAVIDSON. Madam Speaker, I would just reiterate that private
student lenders already work with borrowers for these unplanned
situations clearly in death and in disabilities alike.
I urge my colleagues to oppose this amendment, and I yield back the
balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the
gentlewoman from Pennsylvania (Ms. Dean).
The question is on the amendment offered by the gentlewoman from
Pennsylvania (Ms. Dean).
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. DAVIDSON. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 6 Offered by Ms. Plaskett
The SPEAKER pro tempore. It is now in order to consider amendment No.
6 printed in part C of House Report 117-125.
Ms. PLASKETT. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 1390, insert after line 19 the following (and conform
the table of contents accordingly):
SEC. __. ADDITION OF VIRGIN ISLANDS VISA WAIVER TO GUAM AND
NORTHERN MARIANA ISLANDS VISA WAIVER.
(a) In General.--Section 212(l) of the Immigration and
Nationality Act (8 U.S.C. 1182(l)) is amended to read as
follows:
``(l) Guam and Northern Mariana Islands Visa Waiver
Program; Virgin Islands Visa Waiver Program.--
``(1) In general.--The requirement of subsection
(a)(7)(B)(i) may be waived by the Secretary of Homeland
Security, in the case of an alien applying for admission as a
nonimmigrant visitor for business or pleasure and solely for
entry into and stay in Guam or the Commonwealth of the
Northern Mariana Islands, or the Virgin Islands of the United
States, for a period not to exceed 45 days, if the Secretary
of Homeland Security,
[[Page H4812]]
after consultation with the Secretary of the Interior, the
Secretary of State, and the Governor of Guam and the Governor
of the Commonwealth of the Northern Mariana Islands, or the
Governor of the Virgin Islands of the United States, as the
case may be, determines that--
``(A) an adequate arrival and departure control system has
been developed in Guam and the Commonwealth of the Northern
Mariana Islands, and the Virgin Islands of the United States;
and
``(B) such a waiver does not represent a threat to the
welfare, safety, or security of the United States or its
territories and commonwealths.
``(2) Alien waiver of rights.--An alien may not be provided
a waiver under this subsection unless the alien has waived
any right--
``(A) to review or appeal under this Act an immigration
officer's determination as to the admissibility of the alien
at the port of entry into Guam or the Commonwealth of the
Northern Mariana Islands, or the Virgin Islands of the United
States; or
``(B) to contest, other than on the basis of an application
for withholding of removal under section 241(b)(3) of this
Act or under the Convention Against Torture, or an
application for asylum if permitted under section 208 of this
Act, any action for removal of the alien.
``(3) Regulations.--All necessary regulations to implement
this subsection shall be promulgated by the Secretary of
Homeland Security, in consultation with the Secretary of the
Interior and the Secretary of State. The promulgation of such
regulations shall be considered a foreign affairs function
for purposes of section 553(a) of title 5, United States
Code. At a minimum, such regulations should include, but not
necessarily be limited to--
``(A) a listing of all countries whose nationals may obtain
the waivers provided by this subsection; and
``(B) any bonding requirements for nationals of some or all
of those countries who may present an increased risk of
overstays or other potential problems, if different from such
requirements otherwise provided by law for nonimmigrant
visitors.
``(4) Factors.--In determining whether to grant or continue
providing the waiver under this paragraph to nationals of any
country, the Secretary of Homeland Security, in consultation
with the Secretary of the Interior and the Secretary of
State, shall consider all factors that the Secretary deems
relevant, including electronic travel authorizations,
procedures for reporting lost and stolen passports,
repatriation of aliens, rates of refusal for nonimmigrant
visitor visas, overstays, exit systems, and information
exchange.
``(5) Suspension.--The Secretary of Homeland Security shall
monitor the admission of nonimmigrant visitors to Guam and
the Commonwealth of the Northern Mariana Islands, and the
Virgin Islands of the United States, under this subsection.
If the Secretary determines that such admissions have
resulted in an unacceptable number of visitors from a country
remaining unlawfully in Guam or the Commonwealth of the
Northern Mariana Islands, or the Virgin Islands of the United
States, unlawfully obtaining entry to other parts of the
United States, or seeking withholding of removal or asylum,
or that visitors from a country pose a risk to law
enforcement or security interests of Guam or the Commonwealth
of the Northern Mariana Islands, or the Virgin Islands of the
United States, or of the United States (including the
interest in the enforcement of the immigration laws of the
United States), the Secretary shall suspend the admission of
nationals of such country under this subsection. The
Secretary of Homeland Security may in the Secretary's
discretion suspend the Guam and Northern Mariana Islands visa
waiver program, or the Virgin Islands visa waiver program, at
any time, on a country-by-country basis, for other good
cause.
``(6) Addition of countries.--The Governor of Guam and the
Governor of the Commonwealth of the Northern Mariana Islands,
or the Governor of the Virgin Islands of the United States,
may request the Secretary of the Interior and the Secretary
of Homeland Security to add a particular country to the list
of countries whose nationals may obtain the waiver provided
by this subsection, and the Secretary of Homeland Security
may grant such request after consultation with the Secretary
of the Interior and the Secretary of State, and may
promulgate regulations with respect to the inclusion of that
country and any special requirements the Secretary of
Homeland Security, in the Secretary's sole discretion, may
impose prior to allowing nationals of that country to obtain
the waiver provided by this subsection.''.
(b) Regulations Deadline.--Not later than one year after
the date of enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of the Interior
and the Secretary of State, shall promulgate any necessary
regulations as described in subsection (a) required to
implement the waiver provided in such subsection for the
Virgin Islands.
(c) Waiver Countries.--The regulations described in
subsection (b) shall include a listing of all member or
associate member countries of the Caribbean Community
(CARICOM) whose nationals may obtain, on a country-by-country
basis, the waiver provided by this section, except that such
regulations shall not provide for a listing of any country if
the Secretary of Homeland Security determines that such
country's inclusion on such list would represent a threat to
the welfare, safety, or security of the United States or its
territories and commonwealths.
(d) Conforming Amendments.--
(1) Documentation requirements.--Section 212(a)(7)(B)(iii)
of the Immigration and Nationality Act (8 U.S.C.
1182(a)(7)(B)(iii)) is amended to read as follows:
``(iii) Special visa waiver programs.--For a provision
authorizing waiver of clause (i) in the case of visitors to
Guam or the Commonwealth of the Northern Mariana Islands, or
the Virgin Islands of the United States, see subsection
(l).''.
(2) Admission of nonimmigrants.--Section 214(a)(1) of such
Act (8 U.S.C. 1184(a)(1)) is amended by striking ``Guam or
the Commonwealth of the Northern Mariana Islands'' each place
such term appears and inserting ``Guam or the Commonwealth of
the Northern Mariana Islands, or the Virgin Islands of the
United States''.
(e) Fees.--The Secretary of Homeland Security shall
establish an administrative processing fee to be charged and
collected from individuals seeking to enter the Virgin
Islands in accordance with section 212(l) of the Immigration
and Nationality Act (8 U.S.C. 1182(l)), as amended by this
Act. Such fee shall be set at a level that will ensure
recovery of the full costs of such processing, any additional
costs associated with the administration of the fees
collected, and any sums necessary to offset reduced
collections of the nonimmigrant visa fee or the electronic
travel authorization fee that otherwise would have been
collected from such individuals.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentlewoman from Virgin Islands (Ms. Plaskett) and a Member opposed
each will control 5 minutes.
The Chair recognizes the gentlewoman from the Virgin Islands.
Ms. PLASKETT. Madam Speaker, I rise in support of this amendment, and
I yield myself 3 minutes.
Madam Speaker, I first want to give a little bit of a history lesson
and some information to my colleagues here.
The Virgin Islands and the territories, many of whom are outside of
the customs zone, when one comes to the U.S. Virgin Islands in order to
get to the mainland, you must go through Customs and Border Protection
presenting passport, et cetera, as you would in a foreign country.
My amendment responds to the need for an expedited nonimmigrant
visitor visa program in the U.S. Virgin Islands that is now currently
available to other U.S. territories outside of the U.S. customs zone in
the Pacific, which would aid the Virgin Islands in allowing more
visitors. Specifically, the Virgin Islands is seeking authority to
extend the special nonimmigrant visitor visa waiver program that is
currently available in Guam and Northern Marianas.
Adding the Virgin Islands to this existing nonimmigrant visitor visa
waiver program would allow the Department of Homeland Security to
consider approving visa-less entry into the Virgin Islands up to and
limited to 45 days primarily for residents of neighboring Caribbean
countries. This would better enable the Virgin Islands to compete
economically with other islands and nations in the Caribbean.
It would apply solely to the Virgin Islands, and because we are
outside of the customs zone by law, like other U.S. territories, it
would not allow visa-less entry into any other part of the United
States.
It would allow individuals from other Caribbean islands to come into
the Virgin Islands on an expedited visa process, which would lead to
increased tourism, greater opportunities to host international events,
and support our small business and medical facilities.
For example, the Virgin Islands annually hosts numerous yacht shows
and regattas, which could yield additional economic support, except for
the fact that we have a longer entry for our neighbors to come into the
territories.
Similarly, our young people cannot compete with our neighboring
islands which are much closer to us than the United States. The U.S.
Virgin Islands is over 1,000 miles to Florida, as opposed to the
Bahamas, which is only 180 miles to Miami. Cuba is only 300 miles to
Miami. We are way down the Antilles chain.
This amendment would remain reasonably limited in scope to the
Caribbean community and other countries approved by the Department of
Homeland Security.
The provision also allows the Secretary of Homeland Security to
suspend waivers to any individual or countries if they pose a risk to
law enforcement or security interests of the
[[Page H4813]]
United States or at the secretary's own discretion.
Madam Speaker, I reserve the balance of my time.
Mr. TIFFANY. Madam Speaker, I rise in opposition to the amendment.
The SPEAKER pro tempore. The gentleman from Wisconsin is recognized
for 5 minutes.
Mr. TIFFANY. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, extending visa waiver privileges in the U.S. Virgin
Islands for Caribbean countries will present yet another challenge for
immigration enforcement and drug interdiction efforts.
The Department of Homeland Security has historically noted that a
special visa waiver program for the U.S. Virgin Islands would result in
a significant increase in overstays and make it easier for previously
removed aliens to re-enter U.S. territory. This amendment would also
hamper our efforts to stop the import of illegal drugs.
According to the Drug Enforcement Administration, cocaine is the
principal drug threat in the Caribbean with the U.S. Virgin Islands
already serving as a major transshipment point between cocaine-
producing countries in South America and the continental United States.
{time} 2230
A special visa waiver program for the U.S. Virgin Islands would also
open the door to birth tourism, something we have already seen in the
Commonwealth of the Northern Mariana Islands, a U.S. territory in the
Pacific.
In 2017, The Wall Street Journal noted that ``Saipan has become known
as the latest hot spot for birth tourism, a place where women can give
birth to babies who will automatically acquire U.S. citizenship.'' The
problem has become so widespread that, in recent years, more children
have been born to Chinese tourists on the islands than Americans.
Chinese syndicates have also taken advantage of the CNMI program to
engage in human trafficking and forced labor. By any measure, the CNMI
Visa Waiver Program has been an unmitigated disaster. We should be
getting rid of these programs, not expanding them.
Madam Speaker, America's immigration laws and visa restrictions
should apply uniformly across the country. We should not be creating
special loopholes or allowing States and territories to operate their
own independent immigration systems. At a time when the United States
is seeing record illegal immigration and record asylum claims, creating
this visa program is a bad idea at the worst possible time.
I have to say, I am stunned that the majority would bring this forth
at this time when we have a deluge that is happening at the southern
border. Now to create another loophole just like in the Pacific, only
this time in the Atlantic, it is not appropriate to be doing this at
this time.
Madam Speaker, I urge my colleagues to oppose this, and I reserve the
balance of my time.
Ms. PLASKETT. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I find it very interesting the concern that my
colleague has for the U.S. Virgin Islands when we don't get the
economic support from that side of the aisle that would allow us to
mitigate the need for opening our shores up to our Caribbean neighbors.
As you can find out, we have received technical assistance from the
Department of Homeland Security Office of the Chief Counsel, as well as
the Office of Field Operations, in the process of developing this visa
program. As I am sure my colleague is aware, under the auspices of this
program, it does authorize the Secretary of Homeland Security to
exclude or remove a country from the visa waiver program list if the
Secretary determines inclusion would represent a threat to the welfare,
safety, or security of the United States or its territories and its
commonwealth.
I find the use of birthright tourism in Saipan, if you would look at
the data, is only a very small percentage of the overall visitors and
that the related costs are outweighed by the extreme tourist and
economic benefits to the Pacific.
I also find it interesting that he is concerned about what is
happening on the border at this time, considering that most of the
individuals who are coming through that border are much closer, coming
from countries, including that of Haiti, which are much closer to
Florida than they are to the U.S. Virgin Islands.
The thought that individuals would take the time and the resources to
come to an island nation where they would have to go through Customs
and Border Protection to move into the mainland is in itself a
discussion that negates what he is concerned with.
Additionally, as for drugs, yes, the Virgin Islands does have a
problem with drug transportation, which is going through the U.S.
Postal Service. I don't think any of these visitors would be the
individuals being put into the mail and going through the U.S. Postal
Service.
Madam Speaker, I ask for adoption of this amendment. It is germane,
and it is related and worked through from Homeland Security.
Madam Speaker, I yield back the balance of my time.
Mr. TIFFANY. Madam Speaker, I would just respond this way: America
offers great support to all of our friends in the Caribbean. It is not
accurate that we don't offer support. We do.
The second point is that the Secretary of--I am assuming she was
referring to Homeland Security--could exclude or change the program.
How likely is that when we see what is happening currently? When we
were told by this government a month ago that people coming from
Afghanistan would have an SIV, we have found very few of them have
that. They have just been waived in on parole.
That is part of the reason why Congress needs to maintain its
authority, because we cannot count on the executive branch enforcing
the laws of this country. All we have to do is look at the news of the
day to understand that we have open borders, and it is because the
executive branch refuses to control our borders.
Madam Speaker, I urge a ``no'' vote on this amendment, and I yield
back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the
gentlewoman from the Virgin Islands (Ms. Plaskett).
The question is on the amendment offered by the gentlewoman from the
Virgin Islands (Ms. Plaskett).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. TIFFANY. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
The SPEAKER pro tempore. The Chair understands that amendments No. 7
and No. 8 will not be offered at this time.
Amendment No. 9 Offered by Mr. Green of Texas
The SPEAKER pro tempore. It is now in order to consider amendment No.
9 printed in part C of House Report 117-125.
Mr. GREEN of Texas. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of title LX, insert the following:
SEC. 60__. PAYMENTS TO INDIVIDUALS WHO SERVED DURING WORLD
WAR II IN THE UNITED STATES MERCHANT MARINE.
(a) Establishment of Compensation Fund.--Subchapter II of
chapter 5 of title 38, United States Code, is amended by
adding at the end the following new section:
``Sec. 534. Merchant Mariner Equity Compensation Fund
``(a) Compensation Fund.--(1) There is in the general fund
of the Treasury a fund to be known as the `Merchant Mariner
Equity Compensation Fund' (in this section referred to as the
`compensation fund').
``(2) Subject to the availability of appropriations
provided in advance in a appropriations Act specifically for
the purpose of carrying out this section, and no other
funding source, amounts in the compensation fund shall be
available to the Secretary without fiscal year limitation to
make payments to eligible individuals in accordance with this
section.
``(b) Eligible Individuals.--(1) An eligible individual is
an individual who--
``(A) during the one-year period beginning on the date of
the enactment of this section, submits to the Secretary an
application containing such information and assurances as the
Secretary may require;
[[Page H4814]]
``(B) has not received benefits under the Servicemen's
Readjustment Act of 1944 (Public Law 78-346); and
``(C) has engaged in qualified service.
``(2) For purposes of paragraph (1), a person has engaged
in qualified service if, between December 7, 1941, and
December 31, 1946, the person--
``(A) was a member of the United States merchant marine
(including the Army Transport Service and the Naval Transport
Service) serving as a crewmember of a vessel that was--
``(i) operated by the War Shipping Administration or the
Office of Defense Transportation (or an agent of the
Administration or Office);
``(ii) operated in waters other than inland waters, the
Great Lakes, and other lakes, bays, and harbors of the United
States;
``(iii) under contract or charter to, or property of, the
Government of the United States; and
``(iv) serving the Armed Forces; and
``(B) while so serving, was licensed or otherwise
documented for service as a crewmember of such a vessel by an
officer or employee of the United States authorized to
license or document the person for such service.
``(3) In determining the information and assurances
required in the application pursuant to paragraph (1)(A), the
Secretary shall accept a DD-214 form as proof of qualified
service.
``(c) Amount of Payment.--The Secretary shall make one
payment out of the compensation fund in the amount of $25,000
to an eligible individual. The Secretary shall make such a
payment to eligible individuals in the order in which the
Secretary receives the applications of the eligible
individuals. Payments may only be made subject to the
availability of funds provided in advance in an
appropriations Act for this purpose.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated for fiscal year 2022 $125,000,000 for the
compensation fund. Such amount shall remain available until
expended.
``(e) Reports.--The Secretary shall include, in documents
submitted to Congress by the Secretary in support of the
President's budget for each fiscal year, detailed information
on the operation of the compensation fund, including the
number of applicants, the number of eligible individuals
receiving benefits, the amounts paid out of the compensation
fund, the administration of the compensation fund, and an
estimate of the amounts necessary to fully fund the
compensation fund for that fiscal year and each of the three
subsequent fiscal years.
``(f) Regulations.--The Secretary shall prescribe
regulations to carry out this section.''.
(b) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall prescribe the
regulations required under section 534(f) of title 38, United
States Code, as added by subsection (a).
(c) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item related to section 532 the following new item:
``534. Merchant Mariner Equity Compensation Fund.''.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from Texas (Mr. Green) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. GREEN of Texas. Madam Speaker, and still I rise. Tonight, I rise
to express my gratitude to many persons who have caused us to have this
opportunity. I thank Chairman Smith for his service and what he has
done and Ranking Member Rogers, the members of the Committee on Rules,
and the members of the Committee on Veterans Affairs.
Madam Speaker, I rise to say that I do support the NDAA. I understand
the need for a strong military, but I also rise tonight with an appeal
for some compassion, compassion and, to a certain extent, mercy for our
veteran merchant marines. I ask for this compassion because they didn't
get some of the benefits that others did.
Let me just read the words, if I may, of President Roosevelt. On June
22, 1944, these are his words when signing the GI Bill: ``I trust
Congress will soon provide similar opportunities to members of the
Merchant Marine who have risked their lives time and time again during
war for the welfare of our country.''
Congress did not provide similar benefits for the merchant marines.
As a result of Congress not doing so, most people don't know that the
merchant marines were denied benefits within the GI Bill, denied the
stipend for the cost of living, books, and supplies as it relates to
education, denied tuition-free education, denied unemployment benefits,
denied medical benefits, denied low-cost guaranteed loans, denied
opportunities.
Madam Speaker, I appeal tonight for those who are still surviving,
all of whom are in their nineties. I had the privilege of being with
Mr. Charles Mills, 101 years young and still making the appeal for help
for these veterans, who literally won a lawsuit to have themselves
declared as such.
I make the appeal for compassion for our merchant marines, who had a
very high casualty count during World War II.
Madam Speaker, I reserve the balance of my time.
Mr. BOST. Madam Speaker, I rise in opposition to the amendment.
The SPEAKER pro tempore. The gentleman from Illinois is recognized
for 5 minutes.
Mr. BOST. Madam Speaker, the NDAA is one of the most important bills
Congress passes annually. In fact, the past decade, the NDAA has been
enacted every year. As such, the NDAA often becomes a grab bag for a
variety of priorities. To protect the integrity of this process, I
believe the NDAA should focus on strengthening the Department of
Defense--its systems, its programs, and its personnel. This amendment
would provide an unprecedented $25,000 one-time payment from the VA to
World War II merchant marines. Therefore, we should not be discussing
this proposal as part of the NDAA.
I thank Representative Green for his advocacy on behalf of the
merchant marines, and I support the merchant marines. I am also
grateful for the bravery of these men who served during World War II.
They faced danger, and some made the ultimate sacrifice in service to
our country.
That said, their service has been recognized. The GI Bill Improvement
Act of 1977 provided a pathway to VA care benefits for civilian groups,
known as active duty designees, who supported the Armed Forces in World
War II. The merchant marines are considered active duty designees and,
as such, received veteran status and eligibility for VA benefits
decades ago.
However, this amendment carves out a new benefit for merchant marines
unlike anything Congress has authorized in the past, not even for our
most highly decorated veterans.
I have heard that merchant marines feel they were shortchanged
because they did not receive the GI Bill benefits. However, this bill
creates an inequity among other veterans and active duty designees by
providing a thank-you payment for merchant marines.
Ultimately, this amendment unfairly singles out one group of service
above another. I also have questions about how many merchant marines
would be covered under this amendment and why $25,000 was deemed as the
appropriate amount.
Considering this bill under regular order before the House Committee
of Veterans' Affairs would allow us to ask those questions. It makes
more sense to have it done that way. This is why I cannot support this
amendment's inclusion in the NDAA tonight.
Madam Speaker, I reserve the balance of my time.
Mr. GREEN of Texas. Madam Speaker, may I inquire how much time is
remaining.
The SPEAKER pro tempore. The gentleman from Texas has 2 minutes
remaining. The gentleman from Illinois has 2 minutes remaining.
Mr. GREEN of Texas. Madam Speaker, tuition benefits in today's
dollars would be about $8,000. The stipend for the cost of living,
books, and supplies would be about $1,200. The unemployment benefits--
and I am low-balling--would be about $16,000.
The medical benefits we can't measure. The loss of opportunities
because of the loans that they could have received we cannot measure.
But we can do this: We can do what General Eisenhower asked us to do.
We can do what President Roosevelt asked us to do and President Truman
asked us to do.
This is our opportunity, a unique moment in time to correct an
injustice. And I appeal to you to do so.
Madam Speaker, I reserve the balance of my time.
Mr. BOST. Madam Speaker, as I mentioned, this amendment would provide
an unprecedented $25,000 one-time payment for VA World War II merchant
marines. It did not go through regular order. It did not go through the
committee of jurisdiction. This amendment
[[Page H4815]]
should be placed in the committee that has jurisdiction to justify so
that if not only this group but other groups would be able and should
be able to receive benefits, as this amendment requires, we would be
able to do that.
Madam Speaker, I support our merchant marines. I always have. My 20
years in the State legislature, I did just that. As a matter of fact,
at every veteran ceremony, I mentioned and brought up our merchant
marines as our veterans.
That being said, this is not the way to handle this bill. I plead
with the Members of this body not to accept this. I am adamantly
opposed. I would love to take it up in the committee, not in this bill
where it is not the proper place.
Madam Speaker, I yield back the balance of my time.
{time} 2245
Mr. GREEN of Texas. Madam Speaker, how much time do I have remaining?
The SPEAKER pro tempore. The gentleman from Texas has 1 minute
remaining.
Mr. GREEN of Texas. Madam Speaker, to take this through regular order
at this time would mean that we would call on witnesses who have long
since gone to glory. It would mean that many of those who live today
would not live to see the day that the justice would be served that
they richly deserve.
So I make an appeal on behalf of the those who have earned this
compassion, they risked their lives for their country, and many of them
died. This is our final opportunity for many of them, and I yield back
the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the gentleman
from Texas (Mr. Green).
The question is on the amendment offered by the gentleman from Texas
(Mr. Green).
The amendment was agreed to.
A motion to reconsider was laid on the table.
Amendment No. 10 Offered by Mr. Cicilline
The SPEAKER pro tempore. It is now in order to consider amendment No.
10 printed in part C of House Report 117-125.
Mr. CICILLINE. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of title LX, insert the following:
SEC. 60___. RESOLUTION OF CONTROVERSIES UNDER SERVICEMEMBERS
CIVIL RELIEF ACT.
(a) In General.--Section 102 of the Servicemembers Civil
Relief Act (50 U.S.C. 3912) is amended by adding at the end
the following new subsection:
``(d) Written Consent Required for Arbitration.--
Notwithstanding any other provision of law, whenever a
contract with a servicemember, or a servicemember and the
servicemember's spouse jointly, provides for the use of
arbitration to resolve a controversy subject to a provision
of this Act and arising out of or relating to such contract,
arbitration may be used to settle such controversy only if,
after such controversy arises, all parties to such
controversy consent in writing to use arbitration to settle
such controversy.''.
(b) Applicability.--Subsection (d) of such section, as
added by subsection (a), shall apply with respect to
contracts entered into, amended, altered, modified, renewed,
or extended after the date of the enactment of this Act.
SEC. 60___. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS
UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--Section 107(a) of the Servicemembers Civil
Relief Act (50 U.S.C. 3918(a)) is amended--
(1) in the second sentence, by inserting ``and if it is
made after a specific dispute has arisen and the dispute is
identified in the waiver'' after ``to which it applies''; and
(2) in the third sentence, by inserting ``and if it is made
after a specific dispute has arisen and the dispute is
identified in the waiver'' after ``period of military
service''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to waivers made on or after the date
of the enactment of this Act.
SEC. 60___. CLARIFICATION OF PRIVATE RIGHT OF ACTION UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
Section 802(a) of the Servicemembers Civil Relief Act (50
U.S.C. 4042(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
notwithstanding any previous agreement to the contrary,''
after ``may''; and
(2) in paragraph (3), by striking ``, notwithstanding any
previous agreement to the contrary''.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from Rhode Island (Mr. Cicilline) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentleman from Rhode Island.
Mr. CICILLINE. Madam Speaker, I yield myself 3 minutes.
Madam Speaker, I rise in support of my amendment, which makes clear
that the statutory rights of servicemembers and their families under
the Servicemembers Civil Relief Act, or SCRA, cannot be waived through
forced arbitration unless it is agreed to by the servicemember after a
dispute arises.
Americans who serve in our military, our veterans and their families
sacrifice much in service to our country. Often they have fought to
protect the fundamental idea that we are a Nation of laws and
institutions that guarantee the rights and prosperity of every
American.
Since the Second World War, Congress has created many laws, including
the Servicemembers Civil Relief Act, to expand and strengthen the
rights and protections of servicemembers and veterans. These laws are
essential protections that guarantee every veteran and active duty
servicemembers, including the Reserves and National Guard the right to
be free from workplace discrimination on the basis of their military
service, and the right to their day in court to enforce these
provisions. We are a stronger and better Nation because of these
rights.
SCRA prevents landlords from enacting eviction proceedings, mortgage
holders from foreclosing on a home, and lenders from repossessing a
vehicle while a member of our armed services is on active duty.
However, forced arbitration clauses embedded in mortgages and titles
prevent accountability for bad actors taking advantage of our
servicemembers while they are protecting our country.
For too long, forced arbitration has eroded these fundamental
protections by funneling servicemembers' claims into a private system
set up by corporations. Buried deep within the fine print of everyday
contracts, forced arbitration clauses block the brave men and women in
uniform, as well as their family members, from having their day in
court to hold corporations accountable for breaking the law.
Charles Beard's story is an example of how forced arbitration impacts
our servicemembers. While Charles, a former sergeant in the Army
National Guard, was on tour in Iraq, the bank repossessed his family
car in clear violation of SCRA. It was the only vehicle his wife and
five children could rely on.
When they attempted to hold the bank accountable for violating his
rights, they forced his claim into arbitration citing a clause in
Charles' contract that he was required to sign to purchase the car,
which waived his constitutional right to a jury trial.
This private system does not to have the same procedural safeguards
of our justice system. It is not subject to oversight, it does not have
a judge or jury, and it is not bound by laws passed by Congress or the
States. These clauses allow companies to choose the arbiter and venue
while denying servicemembers any right to appeal.
This is nothing short of corporate takeover or our Nation's system of
laws, and the American people have had enough. The overwhelming
majority of voters, including 83 percent of Democrats and 87 percent of
Republicans support ending forced arbitration. It is time to act.
My bipartisan amendment would end this shameful practice by
clarifying that arbitration clauses are only enforceable if agreed to
by servicemembers or their family after a dispute arises, thereby
protecting their rights under the Servicemembers Civil Relief Act.
As a Nation devoted to protecting our brave men and women in uniform,
we have to ensure that their rights are actually enforceable in court.
Madam Speaker, I want to thank my colleagues, Guy Reschenthaler,
Jared Golden, Anthony Brown, and Veterans Affairs Chairman Mark Takano
for their strong, bipartisan support for this amendment to protect our
men and women in uniform.
[[Page H4816]]
This provision was incorporated in both the 2020 and 2021 NDAA. Madam
Speaker, I urge my colleagues, again, to support this amendment and
protect American servicemembers, and I reserve the balance of my time.
Mr. TIFFANY. Madam Speaker, I rise in opposition to the amendment.
The SPEAKER pro tempore. The gentleman from Wisconsin (Mr. Tiffany)
is recognized for 5 minutes.
Mr. TIFFANY. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, arbitration clauses in contracts let private parties
agree in advance on a way to resolve further disputes and have
significant benefits. But for years, Democrats have worked relentlessly
to undermine arbitration and the efficiencies arbitration agreements
often have for private parties.
These agreements generally work well and the process itself is a fair
and effective way to solve disagreements. Arbitration is also usually
faster and cheaper than hiring an attorney and suiting up for drawn-out
litigation.
Making arbitration harder for certain claims will mean Americans
spend more time in court with no guarantee of getting better outcomes.
The Democrat-driven campaign to up-end the use of arbitration will
certainly benefit the plaintiff's bar. But it will make life worse for
the American people.
With that context in mind, we can consider this amendment in light of
the larger policy debate it is connected to. This amendment rests on
the idea that pre-dispute arbitration agreements are fundamentally
problematic and unfair or work poorly. But that is not true.
And this amendment cannot be considered in isolation. Instead, it is
a policy gateway to the Democrats' longstanding priority to eliminate
arbitration agreements entirely. This amendment should be rejected.
Separately, it is true that we can have a debate over the merits of
arbitration agreements now in the context of the NDAA, but we should
not be having that debate here and now.
If the policy in this amendment is sound, Congress should consider
that policy as an independent bill, in the light of day, and after
appropriate congressional oversight.
Madam Speaker, I oppose this amendment because it is bad policy and
because of this flawed process, and I urge my colleagues to do the
same.
Madam Speaker, I reserve the balance of my time.
Mr. CICILLINE. Madam Speaker, I yield 2 minutes to the gentleman from
California (Mr. Takano), the distinguished chairman of the Veterans
Affairs Committee.
Mr. TAKANO. Madam Speaker, I thank the gentleman for yielding.
Madam Speaker, I rise in support of this bipartisan amendment, which
would prohibit the enforcement of forced arbitration clauses and
contracts covered by the Servicemembers Civil Relief Act, or SCRA.
Forced arbitration has undermined the rights of servicemembers for
years by forcing them to waive their ability to seek remedies through
the courts. This prohibition on forced arbitration clauses would
protect countless men and women wearing the uniform of our Nation from
predatory lenders while being deployed.
SCRA extends important financial protections to military service
personnel who are currently serving on active duty, and are often
targeted for exploitation. These protections can range from prohibiting
lenders from repossessing cars and foreclosing on homes while
servicemembers are actively deployed. I will repeat, while they are
actively deployed. This amendment will expand these protections to
remove a common tool used in this exploitation.
Those who serve in our military are inherently at a disadvantage
against aggressive lenders as the nature of their service makes it
difficult to seek fair resolve in any claims. While lenders are aware
of this unique circumstance, many seek to take full advantage of these
servicemembers. And this is a shame.
Our servicemembers protect us both at home and abroad, and it is time
we safeguard their rights against predatory lenders and others who
shamelessly seek to exploit members of our military.
So I am thankful to my colleagues for their leadership on this issue,
Mr. Cicilline, Mr. Golden, Mr. Reschenthaler, and Mr. Brown, and I urge
my colleagues on both sides of the aisle to vote in favor of this
amendment, and I hope it stays in after conference.
Mr. TIFFANY. Madam Speaker, as I stated earlier, this is a policy
gateway that the Democrats seek to eliminate arbitration. It has been a
longstanding goal of my colleagues on the other side of the aisle to
achieve that goal, and this opens up the door to it.
And I think about the debates that we have in the Judiciary
Committee, where courts are being clogged up, talking about needing
more judges, changing the circuits, things like that. This will add to
the clogging of our courts, and that is why we should oppose this bill.
Madam Speaker, I yield back the balance of my time.
Mr. CICILLINE. Madam Speaker, may I inquire how much time remains?
The SPEAKER pro tempore. The gentleman from Rhode Island has 15
seconds remaining.
Mr. CICILLINE. Madam Speaker, when my friend said that the
arbitration generally works, he is right, it generally works for big,
powerful corporations, employers, financial institutions, but it
doesn't work for servicemen and women who are serving our country in
the military.
It makes it harder, it is more difficult, it is more costly. And, by
the way, if you want to go to arbitration, you can elect to do it, you
just can't be forced into it if this amendment passes. We hear our
friends all the time say to stand up for the men and women in uniform,
show it by voting for this amendment.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the gentleman
from Rhode Island (Mr. Cicilline).
The question is on the amendment offered by the gentleman from Rhode
Island (Mr. Cicilline).
The amendment was agreed to.
A motion to reconsider was laid on the table.
Amendment No. 11 Offered by Ms. Tlaib
The SPEAKER pro tempore. It is now in order to consider amendment No.
11 printed in part C of House Report 117-125.
Ms. TLAIB. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
In title LI, add at the end the following:
SEC. 5106. SERVICEMEMBER PROTECTIONS FOR MEDICAL DEBT
COLLECTIONS.
(a) Amendments to the Fair Debt Collection Practices Act.--
(1) Definition.--Section 803 of the Fair Debt Collection
Practices Act (15 U.S.C. 1692a) is amended by adding at the
end the following:
``(9) The term `medical debt' means a debt arising from the
receipt of medical services, products, or devices.''.
(2) Unfair practices.--Section 808 of the Fair Debt
Collection Practices Act (15 U.S.C. 1692f) is amended by
adding at the end the following:
``(9) Engaging in activities to collect or attempting to
collect a medical debt owed or due or asserted to be owed or
due by a consumer who was a member of the Armed Forces at the
time such debt was incurred, before the end of the 2-year
period beginning on the date that the first payment with
respect to such medical debt is due.''.
(b) Prohibition on Consumer Reporting Agencies Reporting
Certain Medical Debt With Respect to Members of the Armed
Forces.--
(1) Definition.--Section 603 of the Fair Credit Reporting
Act (15 U.S.C. 1681a) is amended by adding at the end the
following:
``(bb) Medical Debt.--The term `medical debt' means a debt
arising from the receipt of medical services, products, or
devices.
``(cc) Medically Necessary Procedure.--The term `medically
necessary procedure' means--
``(1) health care services or supplies needed to diagnose
or treat an illness, injury, condition, disease, or its
symptoms and that meet accepted standards of medicine; and
``(2) health care to prevent illness or detect illness at
an early stage, when treatment is likely to work best
(including preventive services such as pap tests, flu shots,
and screening mammograms).''.
(2) In general.--Section 605(a) of the Fair Credit
Reporting Act (15 U.S.C. 1681c(a)) is amended--
(A) in paragraph (7), by adding at the end the following:
``This paragraph shall not be subject to section
625(b)(1)(E).'';
(B) in paragraph (8), by adding at the end the following:
``This paragraph shall not be subject to section
625(b)(1)(E).''; and
[[Page H4817]]
(C) by adding at the end the following new paragraphs:
``(9) Any information related to a debt arising from a
medically necessary procedure that occurred when the consumer
was a member of the Armed Forces. This paragraph shall not be
subject to section 625(b)(1)(E).
``(10) Any information related to a medical debt of a
consumer that was incurred when the consumer was a member of
the Armed Forces, if the date on which such debt was placed
for collection, charged to profit or loss, or subjected to
any similar action antedates the report by less than 365
calendar days. This paragraph shall not be subject to section
625(b)(1)(E).''.
(c) Requirements for Furnishers of Medical Debt Information
With Respect to Members of the Armed Forces.--
(1) Additional notice requirements for medical debt of
members of the armed forces.--Section 623 of the Fair Credit
Reporting Act (15 U.S.C. 1681s-2) is amended by adding at the
end the following:
``(f) Additional Notice Requirements for Medical Debt of
Members of the Armed Forces.--Before furnishing information
regarding a medical debt of a consumer that was incurred when
the consumer was a member of the Armed Forces to a consumer
reporting agency, the person furnishing the information shall
send a statement to the consumer that includes the following:
``(1) A notification that the medical debt--
``(A) may not be included on a consumer report made by a
consumer reporting agency until the later of the date that is
365 days after--
``(i) the date on which the person sends the statement;
``(ii) with respect to the medical debt of a borrower
demonstrating hardship, a date determined by the Director of
the Bureau; or
``(iii) the date described under section 605(a)(10); and
``(B) may not ever be included on a consumer report made by
a consumer reporting agency, if the medical debt arises from
a medically necessary procedure.
``(2) A notification that, if the debt is settled or paid
by the consumer or an insurance company before the end of the
period described under paragraph (1)(A), the debt may not be
reported to a consumer reporting agency.
``(3) A notification that the consumer may--
``(A) communicate with an insurance company to determine
coverage for the debt; or
``(B) apply for financial assistance.''.
(2) Furnishing of medical debt information with respect to
members of the armed forces.--Section 623 of the Fair Credit
Reporting Act (15 U.S.C. 1681s-2), as amended by paragraph
(1), is further amended by adding at the end the following:
``(g) Furnishing of Medical Debt Information With Respect
to Members of the Armed Forces.--
``(1) Prohibition on reporting debt related to medically
necessary procedures.--No person shall furnish any
information to a consumer reporting agency regarding a debt
arising from a medically necessary procedure that occurred
when the consumer was a member of the Armed Forces.
``(2) Treatment of other medical debt information.--With
respect to a medical debt of a consumer that was incurred
when the consumer was a member of the Armed Forces and that
is not described under paragraph (1), no person shall furnish
any information to a consumer reporting agency regarding such
debt before the end of the 365-day period beginning on the
later of--
``(A) the date on which the person sends the statement
described under subsection (f) to the consumer;
``(B) with respect to the medical debt of a borrower
demonstrating hardship, a date determined by the Director of
the Bureau; or
``(C) the date described in section 605(a)(10).
``(3) Treatment of settled or paid medical debt.--With
respect to a medical debt of a consumer that was incurred
when the consumer was a member of the Armed Forces and that
is not described under paragraph (1), no person shall furnish
any information to a consumer reporting agency regarding such
debt if the debt is settled or paid by the consumer or an
insurance company before the end of the 365-day period
described under paragraph (2).
``(4) Borrower demonstrating hardship defined.--In this
subsection, and with respect to a medical debt, the term
`borrower demonstrating hardship' means a borrower or a class
of borrowers who, as determined by the Director of the
Bureau, is facing or has experienced unusual extenuating life
circumstances or events that result in severe financial or
personal barriers such that the borrower or class of
borrowers does not have the capacity to repay the medical
debt.''.
(d) Effective Date.--Except as otherwise provided under
subsection (e), this section and the amendments made by this
section shall take effect on the date that is 180 days after
the date of enactment of this Act.
(e) Discretionary Surplus Funds.--
(1) In general.--The dollar amount specified under section
7(a)(3)(A) of the Federal Reserve Act (12 U.S.C.
289(a)(3)(A)) is reduced by $1,000,000.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on September 30, 2031.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentlewoman from Michigan (Ms. Tlaib) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Michigan.
Ms. TLAIB. Madam Speaker, I rise in support of amendment No. 11 which
would provide critical needed consumer protection to our servicemembers
who hold medical debt.
No one chooses to get sick, yet medical debt is the leading cause of
personal bankruptcy in our country, and the pandemic has only made paid
our medical debt crisis worse, especially for our veterans.
According to the Consumer Financial Protection Bureau, servicemembers
and veterans are nearly twice as likely to submit debt collection
complaints as the general public. And medical debt concerns comprise
nearly 13 percent of servicemember debt collection complaints.
So this amendment is important because medical bills and
reimbursements are often vague and confusing. Servicemembers often
assert that the calculation of the underlying debt is inaccurate and
unfair. Other times, bills go missing during deployment or are
delivered to the wrong recipient.
So this amendment would strengthen servicemembers' consumer
protections regarding medical debt by preventing the collection of
medical debt for 2 years from the date of medical billing, and
prohibiting credit agencies from reporting all medical debt collections
for a year.
{time} 2300
My amendment also requires medical debt collectors to provide
servicemembers with their consumer rights upon contact.
Together, these protections would provide servicemembers much-needed
clarity to figure out what they actually owe and what the impact will
have on their credit.
So, Madam Speaker, debt collection particularly affects our young
servicemembers and veterans who have little credit history upon
enlisting.
Among servicemembers with 3 or fewer years of service, the CFPB has
found 5 percent had medical debts in collection just prior to
separation from service, and that number doubles to more than 10
percent within a year of their separation from service. As a result,
those same individuals with 3 years or less of service, on average,
exit the armed services with subprime credit scores.
So with that I really finally ask my colleagues to please help us ban
medical debt also for medically necessary procedures from ever even
appearing on servicemembers' credit reports.
This amendment would not prevent States from implementing stronger
protections for our servicemembers. It would not preempt existing
consumer protections for our servicemembers already on the books.
Again, I remind my colleagues that, again, this is really critical
for our servicemembers.
Madam Speaker, I reserve the balance of my time.
Mr. DAVIDSON. Madam Speaker, I claim the time in opposition, and I am
opposed to this amendment.
The SPEAKER pro tempore. The gentleman from Ohio is recognized for 5
minutes.
Mr. DAVIDSON. Madam Speaker, this amendment delays the collection of
servicemembers' medical debt for 2 years. It outright bans the
reporting of a servicemembers' medically necessary procedures to a
credit reporting agency ever, and it restricts the reporting of a
servicemember's debt obligations to a credit reporting agency for 1
year.
Republicans have supported removing paid medical debt from a
consumer's credit report that was unpredictable and unavoidable.
However, this amendment would remove all information related to
medically necessary procedures for servicemembers. Frankly, it exploits
servicemembers to advance a cause my colleague has previously advocated
for which is to eliminate medical reporting altogether to credit
reporting agencies.
Debt, including medically necessary debt, is important criteria to
assess a borrower's creditworthiness and ability to repay and should
appear on credit reports of consumers, including servicemembers. It can
improve their credit scores if they pay their debts. Removing
predictive information from a
[[Page H4818]]
credit report has the potential to increase the cost of credit,
particularly for those borrowers who have limited credit history.
Requiring the expedited removal of debt from such reports will
undermine the safety and soundness of financial institutions and the
financial system more broadly. It will further damage healthcare.
Additionally, recouping a loss is a basic tenet of a credit-based
economy.
This amendment would be disastrous on an already broken healthcare
system. It would increase the cost of medical care and limit access to
the care for all.
For these reasons, Madam Speaker, I oppose this amendment, I
encourage my colleagues to oppose it as well, and I reserve the balance
of my time.
Ms. TLAIB. How much time is remaining, Madam Speaker?
The SPEAKER pro tempore. The gentlewoman from Michigan has 2\1/2\
minutes remaining.
Ms. TLAIB. Madam Speaker, I remind my colleagues that all of these
protections have already passed the House this Congress but have yet to
receive action in the Senate.
I want to remind my colleagues also the way the amendment is drafted
right now currently, a medically necessary procedure is defined as,
one, healthcare services or supplies needed to diagnose or treat an
illness, injury, condition, disease, or symptom that meet accepted
standards of medicine; two, healthcare to prevent illness and detect
illnesses at an early stage when treatment is likely to work best,
again, for services like Pap tests, flu shots, and screening mammograms
I want to remind my colleagues, this is a huge barrier. The credit
reports are huge barriers for housing and employment for our veterans.
We continue to support increased housing for our veterans, increased
mental health services for our veterans and all these other issues but,
much of that is due to the fact that we have credit reports with
medically necessary debt, medical procedures on there, and really no
pathway to protect our consumers, our veterans, in this case.
I really remind my colleagues again: we cannot continue to support
housing and employment services for our veterans, and the credit
report, the credit score, all of that, is holding them hostage unable
to continue to create a good life in our country especially after
sacrificing so much for our Nation.
So I really ask my colleagues this is the right thing to do. Again,
this is basically folks who are getting sick that need healthcare, and
we are not saying that they won't be able to collect, the healthcare
agencies, they are able to collect. This is just to prevent it from
becoming a barrier for many of our veterans who seek employment which
does look at--many employers still now currently look at credit
reports, and they also look at credit reports for housing. Again, we
can't continue to try to fund these kinds of supports when this is a
huge barrier for our veterans.
Madam Speaker, I yield back the balance of my time.
Mr. DAVIDSON. Madam Speaker, in closing, I would just reiterate that
recouping a loss is a basic tenet of our credit-based economy. This
amendment would further limit credit options for all Americans, hurting
those who buy care from any place who can't collect debts, and it would
therefore hurt those who need this the most.
Madam Speaker, I urge my colleagues to oppose the amendment, and I
yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the
gentlewoman from Michigan (Ms. Tlaib).
The question is on the amendment offered by the gentlewoman from
Michigan (Ms. Tlaib).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. DAVIDSON. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
The Chair understands that amendments 12, 13, and 14 will not be
offered at this time.
Amendment No. 15 Offered by Ms. Slotkin
The SPEAKER pro tempore. It is now in order to consider amendment No.
15 printed in part C of House Report 117-125.
Ms. SLOTKIN. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 125, line 25, before the period at the end insert the
following: ``and complying with section 330 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 10 U.S.C. 2701 note)''.
Page 126, line 11, strike ``the date on which the
Administrator of the Environmental Protection Agency
publishes the final rule specified in subsection (a)(2)'' and
insert ``the enactment of this Act''.
Page 126, line 15, insert ``and the Committees on Armed
Services of the Senate and House of Representatives'' after
``Administrator''.
Page 126, line 21, strike ``and''.
Page 126, line 23, strike the period and insert a
semicolon.
Page 126, after line 23, insert the following:
(4) details on actions taken by the Department of Defense
to comply with section 330 of the National Defense
Authorization Act for Fiscal Year 2020; and
(5) recommendations for the safe storage of PFAS and PFAS-
containing materials until identified uncertainties are
addressed and appropriate destruction and disposal
technologies can be recommended.
(d) Scope.--The prohibition in subsection (a) and reporting
requirements in subsection (c) shall apply not only to
materials sent directly by the Department of Defense to an
incinerator, but also to materials sent to another entity or
entities, including any waste processing facility,
subcontractor, or fuel blending facility.
Page 126, line 24, strike ``(d)'' and insert ``(e)''.
Page 127, line 4, strike ``legacy''.
At the end of subtitle B of title III, insert the
following:
SEC. 3__. REPORT ON AIR FORCE PROGRESS REGARDING CONTAMINATED
REAL PROPERTY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Air Force has contaminated property across the
United States with harmful perfluorooctanoic acid and
perfluorooctane sulfonate chemicals;
(2) perfluorooctanoic acid and perfluorooctane sulfonate
contamination threatens the jobs, lives, and livelihoods of
citizens and livestock who live in contaminated areas;
(3) property owners, especially those facing severe
financial hardship, cannot wait any longer for the Air Force
to acquire contaminated property; and
(4) the Air Force should, in an expeditious manner, use the
authority under section 344 of the National Defense
Authorization Act 2020 (Public Law 116-92; 10 U.S.C. 2701
note) to acquire contaminated property and provide relocation
assistance.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Air Force shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the progress of the Air
Force in carrying out section 344 of the National Defense
Authorization Act 2020 (Public Law 116-92; 10 U.S.C. 2701
note). Such report shall include--
(1) a detailed description of any real property
contaminated by perfluorooctanoic acid and perfluorooctane
sulfonate by the Air Force;
(2) a description of any progress made by the Air Force to
acquire property or provide relocation assistance pursuant to
such section 344; and
(3) if the Air Force has not acquired property or provided
relocation assistance pursuant to such section, an
explanation of why it has not.
Add at the end of subtitle C of title VII the following new
section:
SEC. 7__. MANDATORY TRAINING ON HEALTH EFFECTS OF
PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES.
The Secretary of Defense shall provide to each medical
provider of the Department of Defense mandatory training with
respect to the potential health effects of perfluoroalkyl or
polyfluoroalkyl substances.
Add at the end of title LX the following:
SEC. 6___. THRESHOLD FOR REPORTING ADDITIONS TO TOXICS
RELEASE INVENTORY.
Section 7321 of the PFAS Act of 2019 (15 U.S.C. 8921) is
amended--
(1) in subsection (b), by adding at the end the following:
``(3) Limitation.--Section 372.38 of title 40, Code of
Federal Regulations (or any successor regulation), shall not
apply to a chemical described in paragraph (1) unless the
Administrator, in accordance with paragraph (2)(B), revises
the threshold for reporting such chemical to 10,000
pounds.'';
(2) in subsection (c), by adding at the end the following:
``(3) Limitation.--Section 372.38 of title 40, Code of
Federal Regulations (or any successor regulation), shall not
apply to the substances and classes of substances included in
the toxics release inventory under paragraph (1) unless the
Administrator, in accordance with paragraph (2)(B), revises
the
[[Page H4819]]
threshold for reporting such substances and class of
substances to 10,000 pounds.''; and
(3) in subsection (d), by adding at the end the following:
``(4) Limitation.--Section 372.38 of title 40, Code of
Federal Regulations (or any successor regulation), shall not
apply to the substances and classes of substances described
in paragraph (2) unless the Administrator sets a 10,000 pound
reporting threshold for such substances and classes of
substances.''.
SEC. 6___. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR
PFAS.
(a) National Drinking Water Regulations.--Section 1412(b)
of the Safe Drinking Water Act (42 U.S.C. 300g-1(b)) is
amended by adding at the end the following:
``(16) Perfluoroalkyl and polyfluoroalkyl substances.--
``(A) In general.--Not later than 2 years after the date of
enactment of this paragraph, the Administrator shall, after
notice and opportunity for public comment, promulgate a
national primary drinking water regulation for perfluoroalkyl
and polyfluoroalkyl substances, which shall, at a minimum,
include standards for--
``(i) perfluorooctanoic acid (commonly referred to as
`PFOA'); and
``(ii) perfluorooctane sulfonic acid (commonly referred to
as `PFOS').
``(B) Alternative procedures.--
``(i) In general.--Not later than 1 year after the
validation by the Administrator of an equally effective
quality control and testing procedure to ensure compliance
with the national primary drinking water regulation
promulgated under subparagraph (A) to measure the levels
described in clause (ii) or other methods to detect and
monitor perfluoroalkyl and polyfluoroalkyl substances in
drinking water, the Administrator shall add the procedure or
method as an alternative to the quality control and testing
procedure described in such national primary drinking water
regulation by publishing the procedure or method in the
Federal Register in accordance with section 1401(1)(D).
``(ii) Levels described.--The levels referred to in clause
(i) are--
``(I) the level of a perfluoroalkyl or polyfluoroalkyl
substance;
``(II) the total levels of perfluoroalkyl and
polyfluoroalkyl substances; and
``(III) the total levels of organic fluorine.
``(C) Inclusions.--The Administrator may include a
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances on--
``(i) the list of contaminants for consideration of
regulation under paragraph (1)(B)(i), in accordance with such
paragraph; and
``(ii) the list of unregulated contaminants to be monitored
under section 1445(a)(2)(B)(i), in accordance with such
section.
``(D) Monitoring.--When establishing monitoring
requirements for public water systems as part of a national
primary drinking water regulation under subparagraph (A) or
subparagraph (G)(ii), the Administrator shall tailor the
monitoring requirements for public water systems that do not
detect or are reliably and consistently below the maximum
contaminant level (as defined in section 1418(b)(2)(B)) for
the perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances subject to the
national primary drinking water regulation.
``(E) Health protection.--The national primary drinking
water regulation promulgated under subparagraph (A) shall be
protective of the health of subpopulations at greater risk,
as described in section 1458.
``(F) Health risk reduction and cost analysis.--In meeting
the requirements of paragraph (3)(C), the Administrator may
rely on information available to the Administrator with
respect to one or more specific perfluoroalkyl or
polyfluoroalkyl substances to extrapolate reasoned
conclusions regarding the health risks and effects of a class
of perfluoroalkyl or polyfluoroalkyl substances of which the
specific perfluoroalkyl or polyfluoroalkyl substances are a
part.
``(G) Regulation of additional substances.--
``(i) Determination.--The Administrator shall make a
determination under paragraph (1)(A), using the criteria
described in clauses (i) through (iii) of that paragraph,
whether to include a perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or polyfluoroalkyl
substances in the national primary drinking water regulation
under subparagraph (A) not later than 18 months after the
later of--
``(I) the date on which the perfluoroalkyl or
polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances is listed on the list of
contaminants for consideration of regulation under paragraph
(1)(B)(i); and
``(II) the date on which--
``(aa) the Administrator has received the results of
monitoring under section 1445(a)(2)(B) for the perfluoroalkyl
or polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances; or
``(bb) the Administrator has received reliable water data
or water monitoring surveys for the perfluoroalkyl or
polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances from a Federal or State agency
that the Administrator determines to be of a quality
sufficient to make a determination under paragraph (1)(A).
``(ii) Primary drinking water regulations.--
``(I) In general.--For each perfluoroalkyl or
polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances that the Administrator determines
to regulate under clause (i), the Administrator--
``(aa) not later than 18 months after the date on which the
Administrator makes the determination, shall propose a
national primary drinking water regulation for the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances; and
``(bb) may publish the proposed national primary drinking
water regulation described in item (aa) concurrently with the
publication of the determination to regulate the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances.
``(II) Deadline.--
``(aa) In general.--Not later than 1 year after the date on
which the Administrator publishes a proposed national primary
drinking water regulation under clause (i)(I) and subject to
item (bb), the Administrator shall take final action on the
proposed national primary drinking water regulation.
``(bb) Extension.--The Administrator, on publication of
notice in the Federal Register, may extend the deadline under
item (aa) by not more than 6 months.
``(H) Health advisory.--
``(i) In general.--Subject to clause (ii), the
Administrator shall publish a health advisory under paragraph
(1)(F) for a perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl substances not
subject to a national primary drinking water regulation not
later than 1 year after the later of--
``(I) the date on which the Administrator finalizes a
toxicity value for the perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or polyfluoroalkyl
substances; and
``(II) the date on which the Administrator validates an
effective quality control and testing procedure for the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances.
``(ii) Waiver.--The Administrator may waive the
requirements of clause (i) with respect to a perfluoroalkyl
or polyfluoroalkyl substance or class of perfluoroalkyl and
polyfluoroalkyl substances if the Administrator determines
that there is a substantial likelihood that the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances will not occur
in drinking water with sufficient frequency to justify the
publication of a health advisory, and publishes such
determination, including the information and analysis used,
and basis for, such determination, in the Federal
Register.''.
(b) Enforcement.--Notwithstanding any other provision of
law, the Administrator of the Environmental Protection Agency
may not impose financial penalties for the violation of a
national primary drinking water regulation (as defined in
section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f))
with respect to a perfluoroalkyl or polyfluoroalkyl substance
or class of perfluoroalkyl or polyfluoroalkyl substances for
which a national primary drinking water regulation has been
promulgated under section 1412(b)(16) of the Safe Drinking
Water Act earlier than the date that is 5 years after the
date on which the Administrator promulgates the national
primary drinking water regulation.
SEC. 6___. PFAS DATA CALL.
Section 8(a)(7) of the Toxic Substances Control Act (15
U.S.C. 2607(a)(7)) is amended by inserting ``that contains at
least one fully fluorinated carbon atom,'' after
``perfluoroalkyl or polyfluoroalkyl substance''.
SEC. 6___. EPA REQUIREMENT FOR SUBMISSION OF ANALYTICAL
REFERENCE STANDARDS FOR PFAS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall require each covered entity to submit
to the Administrator an analytical reference standard for
each perfluoroalkyl or polyfluoroalkyl substance with at
least one fully fluorinated carbon atom manufactured by the
covered entity after the date that is 10 years prior to the
date of enactment of this Act.
(b) Uses.--The Administrator may--
(1) use an analytical reference standard submitted under
this section only for--
(A) the development of information, protocols, and
methodologies, which may be carried out by an entity
determined appropriate by the Administrator; and
(B) activities relating to the implementation or
enforcement of Federal requirements; and
(2) provide an analytical reference standard submitted
under this section to a State, to be used only for--
(A) the development of information, protocols, and
methodologies, which may be carried out by an entity
determined appropriate by the State; and
(B) activities relating to the implementation or
enforcement of State requirements.
(c) Prohibition.--No person receiving an analytical
reference standard submitted under this section may use or
transfer the analytical reference standard for a commercial
purpose.
(d) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
[[Page H4820]]
(2) Covered entity.--The term ``covered entity'' means a
manufacturer of a perfluoroalkyl or polyfluoroalkyl substance
with at least one fully fluorinated carbon atom.
(3) Manufacture; state.--The terms ``manufacture'' and
``State'' have the meanings given those terms in section 3 of
the Toxic Substances Control Act (15 U.S.C. 2602).
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentlewoman from Michigan (Ms. Slotkin) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Michigan.
Ms. SLOTKIN. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in support of my amendment which would take a
number of steps to address PFAS contamination--a significant issue in
my home State of Michigan and across the country. These include:
Requiring a national primary drinking water regulation for PFAS.
Strengthening disclosure requirements for manufacturers who discharge
PFAS into our environment.
And mandating the DOD comply with safe incineration standards for
PFAS.
My amendment would also ensure that the Department of Defense medical
providers have the training they need to treat the effects of PFAS
exposure.
This provision could literally not be more straightforward. ``The
Secretary of Defense shall provide to each medical provider of the
Department of Defense mandatory training with respect to the potential
health effects of PFAS.''
These potential health effects of PFAS exposure are serious. It has
been linked to liver and kidney damage, thyroid problems, and cancer.
Unfortunately, not all medical providers are familiar with the risks
associated with PFAS exposure nor the steps that should be taken for
those who have been exposed. That is where my amendment comes in. With
necessary training, Department of Defense doctors would be able to
identify effects before they get worse and refer their patients for
appropriate treatment.
I am glad we are making strides elsewhere in this NDAA to expand
evaluation of servicemembers for PFAS exposure. This is something I
have been fighting hard for. Our servicemen and -women deserve to know
if they have been exposed to high levels of these dangerous chemicals.
This amendment builds on these important provisions and prevents some
of the situations we have already heard about whereby DOD firefighters
are evaluated for PFAS exposure but not provided any additional
guidance on what future treatment they should seek or side effects they
should look out for.
I am particularly proud that this amendment has garnered support from
both sides of the aisle--Democrat and Republican--because the health of
our servicemembers should not be a partisan issue.
I want to thank my colleagues, Representatives Delgado, Fitzpatrick,
Posey, Mace, Leger Fernandez, Ross, Sarbanes, and my fellow
Michigander, Representative Levin, for their leadership on this package
of amendments.
Madam Speaker, I urge my colleagues to join in supporting these
commonsense amendments which will give our men and women in uniform the
knowledge and the tools that they need to protect themselves.
Madam Speaker, I yield back the balance of my time.
Mr. CARTER of Georgia. Madam Speaker, I rise in opposition to the
amendment.
The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
Mr. CARTER of Georgia. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, I rise in opposition to the en bloc amendment offered
by Representative Slotkin which makes seven separate and substantive
policy changes to the Armed Services Committee's bill.
This amendment, like the underlying NDAA, contains provisions that
are under the jurisdiction of the Committee on Energy and Commerce, but
we have never, never had a legislative hearing on these proposals.
{time} 2310
Unfortunately, I fear the lack of due diligence on these provisions
will create implementation confusion and burdensome outcomes, not just
for the Department of Defense and the Environmental Protection Agency,
but for everyday Americans.
This amendment focuses on PFAS chemicals, an entire class of over
9,000 chemicals. Broadly speaking, everyone wants to address PFAS
contamination, but we have to do it in a smart and thoughtful way;
otherwise, there are considerable consequences.
Let me point out a few of consequences.
First, the en bloc amendment's provision related to an incineration
moratorium does not use the defined term linking these provisions to
the Defense Department, but addresses ``materials sent to another
entity or entities.''
This makes it unclear who is subject to an incineration moratorium
under section 318, potentially extending the temporary ban from just
the military to any person.
If the executive or judicial branches of our government adopt my
reading of the en bloc amendment, it would have profound policy
implications on waste, storage, and disposal practices in our country.
Of greatest concern, a policy like this has the real potential to
overwhelm existing landfill capacity and leave few viable disposal
options for Americans. This is not the outcome we want.
Setting this interpretation aside, though, this language creates a
structure where the Federal Government is now deciding on the disposal
methods of municipal solid waste. This is entirely unnecessary and
impractical.
Further, this framework disregards the Federal law governing these
matters, the Resource Conservation and Recovery Act.
Second, the Toxic Release Inventory reporting threshold provisions in
this amendment also contain problems. These provisions would
statutorily deem these chemicals, without scientific review by EPA,
chemicals of special concern and prohibit the use of existing
exemptions.
Complicating matters, EPA has only validated 29 measurement
techniques for PFAS in drinking water. There are 172 PFAS currently
subject to reporting, making measurements on 143 PFAS unreliable and
subject to enforcement by EPA.
Further expanding the reach of the Federal Government into areas
without proper justification.
Finally, the amount of people or entities that would need to report
is unknown and could be huge, encompassing many parties who neither
made nor added PFAS to their processes.
It is a reasonable expectation for these stakeholders that, to prove
they don't have it, they will need to use invalid tests or potentially
install filtering technology, even though there is no Federal standard.
In another area, the en bloc amendment recycles provisions from the
PFAS Action Act which the House voted on recently and E&C Republicans
largely opposed. These requirements would create duplicate reporting
and submission burdens on manufacturers and administrative resource
constraints at EPA and potentially each State.
EPA is already compelling data production on existing PFAS from the
same people for the same ultimate purpose under Section 8(a)(7) of the
Toxic Substances Control Act. It makes me wonder whether the purpose of
these and other provisions is to get necessary information to EPA to
help its essential data gaps and address PFAS contamination, or if this
is about something else entirely different.
Much of our debate about the PFAS Action Act surrounded the fact that
it would lead to a de facto ban on these chemicals, and it will.
No one opposes the effort to hold DOD accountable for its messes or
to keep the men and women of the Armed Forces and surrounding
communities safe from environmental harm. But before we act on the far-
reaching language of the amendment, not to mention some of the
underlying bill, we need to know about the facts on the ground,
especially for this motley crew of amendments.
PFAS are a large class of chemicals, as I said, over 9,000, with
essential uses, including many necessary for our national defense.
[[Page H4821]]
There is a strong lesson here for the majority: Follow regular order;
hold hearings and markups, and your work could result in practical,
workable, and effective policy and a public law.
Unfortunately, my Democrat friends have done the opposite here,
seriously completing the chance this language has at becoming law. I
oppose the amendment. I urge others to do the same.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the
gentlewoman from Michigan (Ms. Slotkin).
The question is on the amendment offered by the gentlewoman from
Michigan (Ms. Slotkin).
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mrs. BOEBERT. Madam Speaker, on that I demand the yeas and nays. The
SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 8,
the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 16 Offered by Ms. DeGette
The SPEAKER pro tempore. It is now in order to consider amendment No.
16 printed in part C of House Report 117-125.
Ms. DeGETTE. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
After title LIII of division E, insert the following new
title:
TITLE LIV--WILDERNESS AND PUBLIC LANDS
Subtitle A--Colorado Wilderness
SEC. 101. SECRETARY DEFINED.
As used in this subtitle, the term ``Secretary'' means the
Secretary of the Interior or the Secretary of Agriculture, as
appropriate.
SEC. 102. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION
SYSTEM IN THE STATE OF COLORADO.
(a) Additions.--Section 2(a) of the Colorado Wilderness Act
of 1993 (Public Law 103-77; 107 Stat. 756; 16 U.S.C. 1132
note) is amended by adding at the end the following
paragraphs:
``(23) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 316 acres, as generally depicted on a map
titled `Maroon Bells Addition Proposed Wilderness', dated
July 20, 2018, which is hereby incorporated in and shall be
deemed to be a part of the Maroon Bells-Snowmass Wilderness
Area designated by Public Law 88-577.
``(24) Certain lands managed by the Gunnison Field Office
of the Bureau of Land Management, which comprise
approximately 38,217 acres, as generally depicted on a map
titled `Redcloud & Handies Peak Proposed Wilderness', dated
October 9, 2019, which shall be known as the Redcloud Peak
Wilderness.
``(25) Certain lands managed by the Gunnison Field Office
of the Bureau of Land Management or located in the Grand
Mesa, Uncompahgre, and Gunnison National Forests, which
comprise approximately 26,734 acres, as generally depicted on
a map titled `Redcloud & Handies Peak Proposed Wilderness',
dated October 9, 2019, which shall be known as the Handies
Peak Wilderness.
``(26) Certain lands managed by the Royal Gorge Field
Office of the Bureau of Land Management, which comprise
approximately 16,481 acres, as generally depicted on a map
titled `Table Mountain & McIntyre Hills Proposed Wilderness',
dated November 7, 2019, which shall be known as the McIntyre
Hills Wilderness.
``(27) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 10,282 acres, as generally depicted on a map
titled `Grand Hogback Proposed Wilderness', dated October 16,
2019, which shall be known as the Grand Hogback Wilderness.
``(28) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 25,624 acres, as generally depicted on a map
titled `Demaree Canyon Proposed Wilderness', dated October 9,
2019, which shall be known as the Demaree Canyon Wilderness.
``(29) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 28,279 acres, as generally depicted on a map
titled `Little Books Cliff Proposed Wilderness', dated
October 9, 2019, which shall be known as the Little
Bookcliffs Wilderness.
``(30) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 14,886 acres, as generally depicted on a map
titled `Bull Gulch & Castle Peak Proposed Wilderness', dated
January 29, 2020, which shall be known as the Bull Gulch
Wilderness.
``(31) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 12,016 acres, as generally depicted on a map
titled `Bull Gulch & Castle Peak Proposed Wilderness Areas',
dated January 29, 2020, which shall be known as the Castle
Peak Wilderness.''.
(b) Further Additions.--The following lands in the State of
Colorado administered by the Bureau of Land Management or the
United States Forest Service are hereby designated as
wilderness and, therefore, as components of the National
Wilderness Preservation System:
(1) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management or located in
the White River National Forest, which comprise approximately
19,240 acres, as generally depicted on a map titled
``Assignation Ridge Proposed Wilderness'', dated November 12,
2019, which shall be known as the Assignation Ridge
Wilderness.
(2) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or located in the Pike and
San Isabel National Forests, which comprise approximately
23,116 acres, as generally depicted on a map titled ``Badger
Creek Proposed Wilderness'', dated November 7, 2019, which
shall be known as the Badger Creek Wilderness.
(3) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or located in the Pike and
San Isabel National Forests, which comprise approximately
35,251 acres, as generally depicted on a map titled ``Beaver
Creek Proposed Wilderness'', dated November 7, 2019, which
shall be known as the Beaver Creek Wilderness.
(4) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or the Bureau of Reclamation
or located in the Pike and San Isabel National Forests, which
comprise approximately 32,884 acres, as generally depicted on
a map titled ``Grape Creek Proposed Wilderness'', dated
November 7, 2019, which shall be known as the Grape Creek
Wilderness.
(5) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 13,351 acres, as generally depicted on a map
titled ``North & South Bangs Canyon Proposed Wilderness'',
dated October 9, 2019, which shall be known as the North
Bangs Canyon Wilderness.
(6) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 5,144 acres, as generally depicted on a map
titled ``North & South Bangs Canyon Proposed Wilderness'',
dated October 9, 2019, which shall be known as the South
Bangs Canyon Wilderness.
(7) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 26,624 acres, as generally depicted on a map
titled ``Unaweep & Palisade Proposed Wilderness'', dated
October 9, 2019, which shall be known as The Palisade
Wilderness.
(8) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management or located in the
Grand Mesa, Uncompaghre, and Gunnison National Forests, which
comprise approximately 19,776 acres, as generally depicted on
a map titled ``Unaweep & Palisade Proposed Wilderness'',
dated October 9, 2019, which shall be known as the Unaweep
Wilderness.
(9) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management and Uncompaghre Field
Office of the Bureau of Land Management and in the Manti-
LaSal National Forest, which comprise approximately 37,637
acres, as generally depicted on a map titled ``Sewemup Mesa
Proposed Wilderness'', dated November 7, 2019, which shall be
known as the Sewemup Mesa Wilderness.
(10) Certain lands managed by the Kremmling Field Office of
the Bureau of Land Management, which comprise approximately
31 acres, as generally depicted on a map titled ``Platte
River Addition Proposed Wilderness'', dated July 20, 2018,
and which are hereby incorporated in and shall be deemed to
be part of the Platte River Wilderness designated by Public
Law 98-550.
(11) Certain lands managed by the Uncompahgre Field Office
of the Bureau of Land Management, which comprise
approximately 17,587 acres, as generally depicted on a map
titled ``Roubideau Proposed Wilderness'', dated October 9,
2019, which shall be known as the Roubideau Wilderness.
(12) Certain lands managed by the Uncompahgre Field Office
of the Bureau of Land Management or located in the Grand
Mesa, Uncompaghre, and Gunnison National Forests, which
comprise approximately 12,102 acres, as generally depicted on
a map titled ``Norwood Canyon Proposed Wilderness'', dated
November 7, 2019, which shall be known as the Norwood Canyon
Wilderness.
(13) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management, which comprise approximately
24,475 acres, as generally depicted on a map titled ``Papoose
& Cross Canyon Proposed Wilderness'', and dated January 29,
2020, which shall be known as the Cross Canyon Wilderness.
(14) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management, which comprise approximately
21,220 acres, as generally depicted on a map
[[Page H4822]]
titled ``McKenna Peak Proposed Wilderness'', dated October
16, 2019, which shall be known as the McKenna Peak
Wilderness.
(15) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management, which comprise approximately
14,270 acres, as generally depicted on a map titled ``Weber-
Menefee Mountain Proposed Wilderness'', dated October 9,
2019, which shall be known as the Weber-Menefee Mountain
Wilderness.
(16) Certain lands managed by the Uncompahgre and Tres Rios
Field Offices of the Bureau of Land Management or the Bureau
of Reclamation, which comprise approximately 33,351 acres, as
generally depicted on a map titled ``Dolores River Canyon
Proposed Wilderness'', dated November 7, 2019, which shall be
known as the Dolores River Canyon Wilderness.
(17) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or located in the Pike and
San Isabel National Forests, which comprise approximately
17,922 acres, as generally depicted on a map titled ``Browns
Canyon Proposed Wilderness'', dated October 9, 2019, which
shall be known as the Browns Canyon Wilderness.
(18) Certain lands managed by the San Luis Field Office of
the Bureau of Land Management, which comprise approximately
10,527 acres, as generally depicted on a map titled ``San
Luis Hills Proposed Wilderness'', dated October 9, 2019 which
shall be known as the San Luis Hills Wilderness.
(19) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management, which comprise
approximately 23,559 acres, as generally depicted on a map
titled ``Table Mountain & McIntyre Hills Proposed
Wilderness'', dated November 7, 2019, which shall be known as
the Table Mountain Wilderness.
(20) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management or located in the San Juan
National Forest, which comprise approximately 10,844 acres,
as generally depicted on a map titled ``North & South
Ponderosa Gorge Proposed Wilderness'', and dated January 31,
2020, which shall be known as the North Ponderosa Gorge
Wilderness.
(21) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management or located in the San Juan
National Forest, which comprise approximately 12,393 acres,
as generally depicted on a map titled ``North & South
Ponderosa Gorge Proposed Wilderness'', and dated January 31,
2020 which shall be known as the South Ponderosa Gorge
Wilderness.
(22) Certain lands managed by the Little Snake Field Office
of the Bureau of Land Management which comprise approximately
33,168 acres, as generally depicted on a map titled ``Diamond
Breaks Proposed Wilderness'', and dated February 4, 2020
which shall be known as the Diamond Breaks Wilderness.
(23) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management which comprises approximately
4,782 acres, as generally depicted on the map titled
``Papoose & Cross Canyon Proposed Wilderness' ''', and dated
January 29, 2020 which shall be known as the Papoose Canyon
Wilderness.
(c) West Elk Addition.--Certain lands in the State of
Colorado administered by the Gunnison Field Office of the
Bureau of Land Management, the United States National Park
Service, and the Bureau of Reclamation, which comprise
approximately 6,695 acres, as generally depicted on a map
titled ``West Elk Addition Proposed Wilderness'', dated
October 9, 2019, are hereby designated as wilderness and,
therefore, as components of the National Wilderness
Preservation System and are hereby incorporated in and shall
be deemed to be a part of the West Elk Wilderness designated
by Public Law 88-577. The boundary adjacent to Blue Mesa
Reservoir shall be 50 feet landward from the water's edge,
and shall change according to the water level.
(d) Maps and Descriptions.--As soon as practicable after
the date of enactment of the Act, the Secretary shall file a
map and a boundary description of each area designated as
wilderness by this section with the Committee on Natural
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate. Each map and
boundary description shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct clerical and typographical errors in the map or
boundary description. The maps and boundary descriptions
shall be on file and available for public inspection in the
Office of the Director of the Bureau of Land Management,
Department of the Interior, and in the Office of the Chief of
the Forest Service, Department of Agriculture, as
appropriate.
(e) State and Private Lands.--Lands within the exterior
boundaries of any wilderness area designated under this
section that are owned by a private entity or by the State of
Colorado, including lands administered by the Colorado State
Land Board, shall be included within such wilderness area if
such lands are acquired by the United States. Such lands may
be acquired by the United States only as provided in the
Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 103. ADMINISTRATIVE PROVISIONS.
(a) In General.--Subject to valid existing rights, lands
designated as wilderness by this subtitle shall be managed by
the Secretary in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.) and this subtitle, except that, with
respect to any wilderness areas designated by this subtitle,
any reference in the Wilderness Act to the effective date of
the Wilderness Act shall be deemed to be a reference to the
date of enactment of this subtitle.
(b) Grazing.--Grazing of livestock in wilderness areas
designated by this subtitle shall be administered in
accordance with the provisions of section 4(d)(4) of the
Wilderness Act (16 U.S.C. 1133(d)(4)), as further interpreted
by section 108 of Public Law 96-560, and the guidelines set
forth in appendix A of House Report 101-405 of the 101st
Congress.
(c) State Jurisdiction.--As provided in section 4(d)(7) of
the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
subtitle shall be construed as affecting the jurisdiction or
responsibilities of the State of Colorado with respect to
wildlife and fish in Colorado.
(d) Buffer Zones.--
(1) In general.--Nothing in this subtitle creates a
protective perimeter or buffer zone around any area
designated as wilderness by this subtitle.
(2) Activities outside wilderness.--The fact that an
activity or use on land outside the areas designated as
wilderness by this subtitle can be seen or heard within the
wilderness shall not preclude the activity or use outside the
boundary of the wilderness.
(e) Military Helicopter Overflights and Operations.--
(1) In general.--Nothing in this subtitle restricts or
precludes--
(A) low-level overflights of military helicopters over the
areas designated as wilderness by this subtitle, including
military overflights that can be seen or heard within any
wilderness area;
(B) military flight testing and evaluation;
(C) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes over any wilderness area; or
(D) helicopter operations at designated landing zones
within the potential wilderness areas established by
subsection (i)(1).
(2) Aerial navigation training exercises.--The Colorado
Army National Guard, through the High-Altitude Army National
Guard Aviation Training Site, may conduct aerial navigation
training maneuver exercises over, and associated operations
within, the potential wilderness areas designated by this
subtitle--
(A) in a manner and degree consistent with the memorandum
of understanding dated August 4, 1987, entered into among the
Colorado Army National Guard, the Bureau of Land Management,
and the Forest Service; or
(B) in a manner consistent with any subsequent memorandum
of understanding entered into among the Colorado Army
National Guard, the Bureau of Land Management, and the Forest
Service.
(f) Running Events.--The Secretary may continue to
authorize competitive running events currently permitted in
the Redcloud Peak Wilderness Area and Handies Peak Wilderness
Area in a manner compatible with the preservation of such
areas as wilderness.
(g) Land Trades.--If the Secretary trades privately owned
land within the perimeter of the Redcloud Peak Wilderness
Area or the Handies Peak Wilderness Area in exchange for
Federal land, then such Federal land shall be located in
Hinsdale County, Colorado.
(h) Recreational Climbing.--Nothing in this subtitle
prohibits recreational rock climbing activities in the
wilderness areas, such as the placement, use, and maintenance
of fixed anchors, including any fixed anchor established
before the date of the enactment of this subtitle--
(1) in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(i) Potential Wilderness Designations.--
(1) In general.--The following lands are designated as
potential wilderness areas:
(A) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 7,376 acres, as generally depicted on a map
titled ``Pisgah East & West Proposed Wilderness'' and dated
October 16, 2019, which, upon designation as wilderness under
paragraph (2), shall be known as the Pisgah East Wilderness.
(B) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 6,828 acres, as generally depicted on a map
titled ``Pisgah East & West Proposed Wilderness'' and dated
October 16, 2019, which, upon designation as wilderness under
paragraph (2), shall be known as the Pisgah West Wilderness.
(C) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management or located in
the White River National Forest, which comprise approximately
16,101 acres, as generally depicted on a map titled ``Flat
Tops Proposed Wilderness Addition'', dated October 9, 2019,
and which, upon designation as wilderness under paragraph
(2), shall be incorporated in and shall be deemed to be a
part of the Flat Tops Wilderness designated by Public Law 94-
146.
(2) Designation as wilderness.--Lands designated as a
potential wilderness area by subparagraphs (A) through (C) of
paragraph (1) shall be designated as wilderness on the date
on which the Secretary publishes in the Federal Register a
notice that all nonconforming uses of those lands authorized
by
[[Page H4823]]
subsection (e) in the potential wilderness area that would be
in violation of the Wilderness Act (16 U.S.C. 1131 et seq.)
have ceased. Such publication in the Federal Register and
designation as wilderness shall occur for the potential
wilderness area as the nonconforming uses cease in that
potential wilderness area and designation as wilderness is
not dependent on cessation of nonconforming uses in the other
potential wilderness area.
(3) Management.--Except for activities provided for under
subsection (e), lands designated as a potential wilderness
area by paragraph (1) shall be managed by the Secretary in
accordance with the Wilderness Act as wilderness pending the
designation of such lands as wilderness under this
subsection.
SEC. 104. WATER.
(a) Effect on Water Rights.--Nothing in this subtitle--
(1) affects the use or allocation, in existence on the date
of enactment of this subtitle, of any water, water right, or
interest in water;
(2) affects any vested absolute or decreed conditional
water right in existence on the date of enactment of this
subtitle, including any water right held by the United
States;
(3) affects any interstate water compact in existence on
the date of enactment of this subtitle;
(4) authorizes or imposes any new reserved Federal water
rights; and
(5) shall be considered to be a relinquishment or reduction
of any water rights reserved or appropriated by the United
States in the State of Colorado on or before the date of the
enactment of this subtitle.
(b) Midstream Areas.--
(1) Purpose.--The purpose of this subsection is to protect
for the benefit and enjoyment of present and future
generations--
(A) the unique and nationally important values of areas
designated as wilderness by section 102(b) (including the
geological, cultural, archaeological, paleontological,
natural, scientific, recreational, environmental, biological,
wilderness, wildlife, riparian, historical, educational, and
scenic resources of the public land); and
(B) the water resources of area streams, based on
seasonally available flows, that are necessary to support
aquatic, riparian, and terrestrial species and communities.
(2) Wilderness water rights.--
(A) In general.--The Secretary shall ensure that any water
rights within the wilderness designated by section 102(b)
required to fulfill the purposes of such wilderness are
secured in accordance with subparagraphs (B) through (G).
(B) State law.--
(i) Procedural requirements.--Any water rights for which
the Secretary pursues adjudication shall be appropriated,
adjudicated, changed, and administered in accordance with the
procedural requirements and priority system of State law.
(ii) Establishment of water rights.--
(I) In general.--Except as provided in subclause (II), the
purposes and other substantive characteristics of the water
rights pursued under this paragraph shall be established in
accordance with State law.
(II) Exception.--Notwithstanding subclause (I) and in
accordance with this subtitle, the Secretary may appropriate
and seek adjudication of water rights to maintain surface
water levels and stream flows on and across the wilderness
designated by section 102(b) to fulfill the purposes of such
wilderness.
(C) Deadline.--The Secretary shall promptly appropriate the
water rights required to fulfill the purposes of the
wilderness designated by section 102(b).
(D) Required determination.--The Secretary shall not pursue
adjudication for any instream flow water rights unless the
Secretary makes a determination pursuant to subparagraph
(E)(ii) or (F).
(E) Cooperative enforcement.--
(i) In general.--The Secretary shall not pursue
adjudication of any Federal instream flow water rights
established under this paragraph if--
(I) the Secretary determines, upon adjudication of the
water rights by the Colorado Water Conservation Board, that
the Board holds water rights sufficient in priority, amount,
and timing to fulfill the purposes of this subsection; and
(II) the Secretary has entered into a perpetual agreement
with the Colorado Water Conservation Board to ensure full
exercise, protection, and enforcement of the State water
rights within the wilderness to reliably fulfill the purposes
of this subsection.
(ii) Adjudication.--If the Secretary determines that the
provisions of clause (i) have not been met, the Secretary
shall adjudicate and exercise any Federal water rights
required to fulfill the purposes of the wilderness in
accordance with this paragraph.
(F) Insufficient water rights.--If the Colorado Water
Conservation Board modifies the instream flow water rights
obtained under subparagraph (E) to such a degree that the
Secretary determines that water rights held by the State are
insufficient to fulfill the purposes of this subtitle, the
Secretary shall adjudicate and exercise Federal water rights
required to fulfill the purposes of this subtitle in
accordance with subparagraph (B).
(G) Failure to comply.--The Secretary shall promptly act to
exercise and enforce the water rights described in
subparagraph (E) if the Secretary determines that--
(i) the State is not exercising its water rights consistent
with subparagraph (E)(i)(I); or
(ii) the agreement described in subparagraph (E)(i)(II) is
not fulfilled or complied with sufficiently to fulfill the
purposes of this subtitle.
(3) Water resource facility.--Notwithstanding any other
provision of law, beginning on the date of enactment of this
subtitle, neither the President nor any other officer,
employee, or agent of the United States shall fund, assist,
authorize, or issue a license or permit for development of
any new irrigation and pumping facility, reservoir, water
conservation work, aqueduct, canal, ditch, pipeline, well,
hydropower project, transmission, other ancillary facility,
or other water, diversion, storage, or carriage structure in
the wilderness designated by section 102(b).
(c) Access and Operation.--
(1) Definition.--As used in this subsection, the term
``water resource facility'' means irrigation and pumping
facilities, reservoirs, water conservation works, aqueducts,
canals, ditches, pipelines, wells, hydropower projects,
transmission and other ancillary facilities, and other water
diversion, storage, and carriage structures.
(2) Access to water resource facilities.--Subject to the
provisions of this subsection, the Secretary shall allow
reasonable access to water resource facilities in existence
on the date of enactment of this subtitle within the areas
described in sections 102(b) and 102(c), including motorized
access where necessary and customarily employed on routes
existing as of the date of enactment of this subtitle.
(3) Access routes.--Existing access routes within such
areas customarily employed as of the date of enactment of
this subtitle may be used, maintained, repaired, and replaced
to the extent necessary to maintain their present function,
design, and serviceable operation, so long as such activities
have no increased adverse impacts on the resources and values
of the areas described in sections 102(b) and 102(c) than
existed as of the date of enactment of this subtitle.
(4) Use of water resource facilities.--Subject to the
provisions of this subsection and subsection (a)(4), the
Secretary shall allow water resource facilities existing on
the date of enactment of this subtitle within areas described
in sections 102(b) and 102(c) to be used, operated,
maintained, repaired, and replaced to the extent necessary
for the continued exercise, in accordance with Colorado State
law, of vested water rights adjudicated for use in connection
with such facilities by a court of competent jurisdiction
prior to the date of enactment of this subtitle. The impact
of an existing facility on the water resources and values of
the area shall not be increased as a result of changes in the
adjudicated type of use of such facility as of the date of
enactment of this subtitle.
(5) Repair and maintenance.--Water resource facilities, and
access routes serving such facilities, existing within the
areas described in sections 102(b) and 102(c) on the date of
enactment of this subtitle shall be maintained and repaired
when and to the extent necessary to prevent increased adverse
impacts on the resources and values of the areas described in
sections 102(b) and 102(c).
SEC. 105. SENSE OF CONGRESS.
It is the sense of Congress that military aviation training
on Federal public lands in Colorado, including the training
conducted at the High-Altitude Army National Guard Aviation
Training Site, is critical to the national security of the
United States and the readiness of the Armed Forces.
SEC. 106. DEPARTMENT OF DEFENSE STUDY ON IMPACTS THAT THE
EXPANSION OF WILDERNESS DESIGNATIONS IN THE
WESTERN UNITED STATES WOULD HAVE ON THE
READINESS OF THE ARMED FORCES OF THE UNITED
STATES WITH RESPECT TO AVIATION TRAINING.
(a) Study Required.--The Secretary of Defense shall conduct
a study on the impacts that the expansion of wilderness
designations in the Western United States would have on the
readiness of the Armed Forces of the United States with
respect to aviation training.
(b) Report.--Not later than 180 days after the date of the
enactment of this subtitle, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the study required under
subsection (a).
Subtitle B--Northwest California Wilderness, Recreation, and Working
Forests
SEC. 201. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(2) State.--The term ``State'' means the State of
California.
PART 1--RESTORATION AND ECONOMIC DEVELOPMENT
SEC. 211. SOUTH FORK TRINITY-MAD RIVER RESTORATION AREA.
(a) Definitions.--In this section:
(1) Collaboratively developed.--The term ``collaboratively
developed'' means projects that are developed and implemented
through a collaborative process that--
(A) includes--
(i) appropriate Federal, State, and local agencies; and
[[Page H4824]]
(ii) multiple interested persons representing diverse
interests; and
(B) is transparent and nonexclusive.
(2) Plantation.--The term ``plantation'' means a forested
area that has been artificially established by planting or
seeding.
(3) Restoration.--The term ``restoration'' means the
process of assisting the recovery of an ecosystem that has
been degraded, damaged, or destroyed by establishing the
composition, structure, pattern, and ecological processes
necessary to facilitate terrestrial and aquatic ecosystem
sustainability, resilience, and health under current and
future conditions.
(4) Restoration area.--The term ``restoration area'' means
the South Fork Trinity-Mad River Restoration Area,
established by subsection (b).
(5) Shaded fuel break.--The term ``shaded fuel break''
means a vegetation treatment that effectively addresses all
project-generated slash and that retains: adequate canopy
cover to suppress plant regrowth in the forest understory
following treatment; the longest lived trees that provide the
most shade over the longest period of time; the healthiest
and most vigorous trees with the greatest potential for
crown-growth in plantations and in natural stands adjacent to
plantations; and all mature hardwoods, when practicable.
(6) Stewardship contract.--The term ``stewardship
contract'' means an agreement or contract entered into under
section 604 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6591c).
(7) Wildland-urban interface.--The term ``wildland-urban
interface'' has the meaning given the term by section 101 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
(b) Establishment.--Subject to valid existing rights, there
is established the South Fork Trinity-Mad River Restoration
Area, comprising approximately 871,414 acres of Federal land
administered by the Forest Service and Bureau of Land
Management, as generally depicted on the map entitled ``South
Fork Trinity-Mad River Restoration Area'' and dated May 15,
2020, to be known as the South Fork Trinity-Mad River
Restoration Area.
(c) Purposes.--The purposes of the restoration area are
to--
(1) establish, restore, and maintain fire-resilient forest
structures containing late successional forest structure
characterized by large trees and multistoried canopies, as
ecologically appropriate;
(2) protect late successional reserves;
(3) enhance the restoration of Federal lands within the
restoration area;
(4) reduce the threat posed by wildfires to communities
within the restoration area;
(5) protect and restore aquatic habitat and anadromous
fisheries;
(6) protect the quality of water within the restoration
area; and
(7) allow visitors to enjoy the scenic, recreational,
natural, cultural, and wildlife values of the restoration
area.
(d) Management.--
(1) In general.--The Secretary shall manage the restoration
area--
(A) in a manner consistent with the purposes described in
subsection (c);
(B) in a manner that--
(i) in the case of the Forest Service, prioritizes
restoration of the restoration area over other nonemergency
vegetation management projects on the portions of the Six
Rivers and Shasta-Trinity National Forests in Humboldt and
Trinity Counties; and
(ii) in the case of the United States Fish and Wildlife
Service, establishes with the Forest Service an agreement for
cooperation to ensure timely completion of consultation
required by section 7 of the Endangered Species Act (15
U.S.C. 1536) on restoration projects within the restoration
area and agreement to maintain and exchange information on
planning schedules and priorities on a regular basis;
(C) in accordance with--
(i) the laws (including regulations) and rules applicable
to the National Forest System for land managed by the Forest
Service;
(ii) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) for land managed by the Bureau of Land
Management;
(iii) this subtitle; and
(iv) any other applicable law (including regulations); and
(D) in a manner consistent with congressional intent that
consultation for restoration projects within the restoration
area is completed in a timely and efficient manner.
(2) Conflict of laws.--
(A) In general.--The establishment of the restoration area
shall not change the management status of any land or water
that is designated wilderness or as a wild and scenic river,
including lands and waters designated by this subtitle.
(B) Resolution of conflict.--If there is a conflict between
the laws applicable to the areas described in subparagraph
(A) and this section, the more restrictive provision shall
control.
(3) Uses.--
(A) In general.--The Secretary shall only allow uses of the
restoration area that the Secretary determines would further
the purposes described in subsection (c).
(B) Priority.--The Secretary shall prioritize restoration
activities within the restoration area.
(C) Limitation.--Nothing in this section shall limit the
Secretary's ability to plan, approve, or prioritize
activities outside of the restoration area.
(4) Wildland fire.--
(A) In general.--Nothing in this section prohibits the
Secretary, in cooperation with other Federal, State, and
local agencies, as appropriate, from conducting wildland fire
operations in the restoration area, consistent with the
purposes of this section.
(B) Priority.--The Secretary may use prescribed burning and
managed wildland fire to the fullest extent practicable to
achieve the purposes of this section.
(5) Road decommissioning.--
(A) In general.--To the extent practicable, the Secretary
shall decommission unneeded National Forest System roads
identified for decommissioning and unauthorized roads
identified for decommissioning within the restoration area--
(i) subject to appropriations;
(ii) consistent with the analysis required by subparts A
and B of part 212 of title 36, Code of Federal Regulations;
and
(iii) in accordance with existing law.
(B) Additional requirement.--In making determinations
regarding road decommissioning under subparagraph (A), the
Secretary shall consult with--
(i) appropriate State, Tribal, and local governmental
entities; and
(ii) members of the public.
(C) Definition.--As used in subparagraph (A), the term
``decommission'' means--
(i) to reestablish vegetation on a road; and
(ii) to restore any natural drainage, watershed function,
or other ecological processes that are disrupted or adversely
impacted by the road by removing or hydrologically
disconnecting the road prism.
(6) Vegetation management.--
(A) In general.--Subject to subparagraphs (B), (C), and
(D), the Secretary may conduct vegetation management projects
in the restoration area only where necessary to--
(i) maintain or restore the characteristics of ecosystem
composition and structure;
(ii) reduce wildfire risk to communities by promoting
forests that are fire resilient;
(iii) improve the habitat of threatened, endangered, or
sensitive species;
(iv) protect or improve water quality; or
(v) enhance the restoration of lands within the restoration
area.
(B) Additional requirements.--
(i) Shaded fuel breaks.--In carrying out subparagraph (A),
the Secretary shall prioritize, as practicable, the
establishment of a network of shaded fuel breaks within--
(I) the portions of the wildland-urban interface that are
within 150 feet from private property contiguous to Federal
land;
(II) 150 feet from any road that is open to motorized
vehicles as of the date of enactment of this subtitle--
(aa) except that, where topography or other conditions
require, the Secretary may establish shaded fuel breaks up to
275 feet from a road so long as the combined total width of
the shaded fuel breaks for both sides of the road does not
exceed 300 feet; and
(bb) provided that the Secretary shall include vegetation
treatments within a minimum of 25 feet of the road where
practicable, feasible, and appropriate as part of any shaded
fuel break; or
(III) 150 feet of any plantation.
(ii) Plantations; riparian reserves.--The Secretary may
undertake vegetation management projects--
(I) in areas within the restoration area in which fish and
wildlife habitat is significantly compromised as a result of
past management practices (including plantations); and
(II) within designated riparian reserves only where
necessary to maintain the integrity of fuel breaks and to
enhance fire resilience.
(C) Compliance.--The Secretary shall carry out vegetation
management projects within the restoration area--
(i) in accordance with--
(I) this section; and
(II) existing law (including regulations);
(ii) after providing an opportunity for public comment; and
(iii) subject to appropriations.
(D) Best available science.--The Secretary shall use the
best available science in planning and implementing
vegetation management projects within the restoration area.
(7) Grazing.--
(A) Existing grazing.--The grazing of livestock in the
restoration area, where established before the date of
enactment of this subtitle, shall be permitted to continue--
(i) subject to--
(I) such reasonable regulations, policies, and practices as
the Secretary considers necessary; and
(II) applicable law (including regulations); and
(ii) in a manner consistent with the purposes described in
subsection (c).
(B) Targeted new grazing.--The Secretary may issue annual
targeted grazing permits for the grazing of livestock in the
restoration area, where not established before the date of
the enactment of this subtitle, to control noxious weeds, aid
in the control of wildfire within the wildland-urban
interface, or to provide other ecological benefits subject
to--
(i) such reasonable regulations, policies, and practices as
the Secretary considers necessary; and
(ii) a manner consistent with the purposes described in
subsection (c).
(C) Best available science.--The Secretary shall use the
best available science
[[Page H4825]]
when determining whether to issue targeted grazing permits
within the restoration area.
(e) Withdrawal.--Subject to valid existing rights, the
restoration area is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
(f) Use of Stewardship Contracts.--To the maximum extent
practicable, the Secretary shall--
(1) use stewardship contracts to implement this section;
and
(2) use revenue derived from such stewardship contracts for
restoration and other activities within the restoration area
which shall include staff and administrative costs to support
timely consultation activities for restoration projects.
(g) Collaboration.--In developing and implementing
restoration projects in the restoration area, the Secretary
shall consult with collaborative groups with an interest in
the restoration area.
(h) Environmental Review.--A collaboratively developed
restoration project within the restoration area may be
carried out in accordance with the provisions for hazardous
fuel reduction projects set forth in sections 104, 105, and
106 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6514-6516), as applicable.
(i) Multiparty Monitoring.--The Secretary of Agriculture
shall--
(1) in collaboration with the Secretary of the Interior and
interested persons, use a multiparty monitoring, evaluation,
and accountability process to assess the positive or negative
ecological, social, and economic effects of restoration
projects within the restoration area; and
(2) incorporate the monitoring results into the management
of the restoration area.
(j) Funding.--The Secretary shall use all existing
authorities to secure as much funding as necessary to fulfill
the purposes of the restoration area.
(k) Forest Residues Utilization.--
(1) In general.--In accordance with applicable law,
including regulations, and this section, the Secretary may
utilize forest residues from restoration projects, including
shaded fuel breaks, in the restoration area for research and
development of biobased products that result in net carbon
sequestration.
(2) Partnerships.--In carrying out paragraph (1), the
Secretary may enter into partnerships with universities,
nongovernmental organizations, industry, Tribes, and Federal,
State, and local governmental agencies.
SEC. 212. REDWOOD NATIONAL AND STATE PARKS RESTORATION.
(a) Partnership Agreements.--The Secretary of the Interior
is authorized to undertake initiatives to restore degraded
redwood forest ecosystems in Redwood National and State Parks
in partnership with the State of California, local agencies,
and nongovernmental organizations.
(b) Compliance.--In carrying out any initiative authorized
by subsection (a), the Secretary of the Interior shall comply
with all applicable law.
SEC. 213. CALIFORNIA PUBLIC LANDS REMEDIATION PARTNERSHIP.
(a) Definitions.--In this section:
(1) Partnership.--The term ``partnership'' means the
California Public Lands Remediation Partnership, established
by subsection (b).
(2) Priority lands.--The term ``priority lands'' means
Federal land within the State that is determined by the
partnership to be a high priority for remediation.
(3) Remediation.--The term ``remediation'' means to
facilitate the recovery of lands and waters that have been
degraded, damaged, or destroyed by illegal marijuana
cultivation or another illegal activity. Remediation includes
but is not limited to removal of trash, debris, and other
material, and establishing the composition, structure,
pattern, and ecological processes necessary to facilitate
terrestrial and aquatic ecosystem sustainability, resilience,
and health under current and future conditions.
(b) Establishment.--There is hereby established a
California Public Lands Remediation Partnership.
(c) Purposes.--The purposes of the partnership are to--
(1) coordinate the activities of Federal, State, Tribal,
and local authorities, and the private sector, in the
remediation of priority lands in the State affected by
illegal marijuana cultivation or other illegal activities;
and
(2) use the resources and expertise of each agency,
authority, or entity in implementing remediation activities
on priority lands in the State.
(d) Membership.--The members of the partnership shall
include the following:
(1) The Secretary of Agriculture, or a designee of the
Secretary of Agriculture to represent the Forest Service.
(2) The Secretary of the Interior, or a designee of the
Secretary of the Interior, to represent the United States
Fish and Wildlife Service, Bureau of Land Management, and
National Park Service.
(3) The Director of the Office of National Drug Control
Policy, or a designee of the Director.
(4) The Secretary of the State Natural Resources Agency, or
a designee of the Secretary, to represent the California
Department of Fish and Wildlife.
(5) A designee of the California State Water Resources
Control Board.
(6) A designee of the California State Sheriffs'
Association.
(7) One member to represent federally recognized Indian
Tribes, to be appointed by the Secretary of Agriculture.
(8) One member to represent nongovernmental organizations
with an interest in Federal land remediation, to be appointed
by the Secretary of Agriculture.
(9) One member to represent local governmental interests,
to be appointed by the Secretary of Agriculture.
(10) A law enforcement official from each of the following:
(A) The Department of the Interior.
(B) The Department of Agriculture.
(11) A scientist to provide expertise and advise on methods
needed for remediation efforts, to be appointed by the
Secretary of Agriculture.
(12) A designee of the National Guard Counter Drug Program.
(e) Duties.--To further the purposes of this section, the
partnership shall--
(1) identify priority lands for remediation in the State;
(2) secure resources from Federal and non-Federal sources
to apply to remediation of priority lands in the State;
(3) support efforts by Federal, State, Tribal, and local
agencies, and nongovernmental organizations in carrying out
remediation of priority lands in the State;
(4) support research and education on the impacts of, and
solutions to, illegal marijuana cultivation and other illegal
activities on priority lands in the State;
(5) involve other Federal, State, Tribal, and local
agencies, nongovernmental organizations, and the public in
remediation efforts, to the extent practicable; and
(6) take any other administrative or advisory actions as
necessary to address remediation of priority lands in the
State.
(f) Authorities.--To implement this section, the
partnership may, subject to the prior approval of the
Secretary of Agriculture--
(1) make grants to the State, political subdivisions of the
State, nonprofit organizations, and other persons;
(2) enter into cooperative agreements with, or provide
grants or technical assistance to, the State, political
subdivisions of the State, nonprofit organizations, Federal
agencies, and other interested parties;
(3) hire and compensate staff;
(4) obtain funds or services from any source, including
Federal and non-Federal funds, and funds and services
provided under any other Federal law or program;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of this section.
(g) Procedures.--The partnership shall establish such rules
and procedures as it deems necessary or desirable.
(h) Local Hiring.--The partnership shall, to the maximum
extent practicable and in accordance with existing law, give
preference to local entities and persons when carrying out
this section.
(i) Service Without Compensation.--Members of the
partnership shall serve without pay.
(j) Duties and Authorities of the Secretary of
Agriculture.--
(1) In general.--The Secretary of Agriculture shall convene
the partnership on a regular basis to carry out this section.
(2) Technical and financial assistance.--The Secretary of
Agriculture and Secretary of the Interior may provide
technical and financial assistance, on a reimbursable or
nonreimbursable basis, as determined by the appropriate
Secretary, to the partnership or any members of the
partnership to carry out this subtitle.
(3) Cooperative agreements.--The Secretary of Agriculture
and Secretary of the Interior may enter into cooperative
agreements with the partnership, any members of the
partnership, or other public or private entities to provide
technical, financial, or other assistance to carry out this
subtitle.
SEC. 214. TRINITY LAKE VISITOR CENTER.
(a) In General.--The Secretary of Agriculture, acting
through the Chief of the Forest Service, may establish, in
cooperation with any other public or private entities that
the Secretary may determine to be appropriate, a visitor
center in Weaverville, California--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of the
Whiskeytown-Shasta-Trinity National Recreation Area.
(b) Requirements.--The Secretary shall ensure that the
visitor center authorized under subsection (a) is designed to
interpret the scenic, biological, natural, historical,
scientific, paleontological, recreational, ecological,
wilderness, and cultural resources of the Whiskeytown-Shasta-
Trinity National Recreation Area and other nearby Federal
lands.
(c) Cooperative Agreements.--The Secretary of Agriculture
may, in a manner consistent with this subtitle, enter into
cooperative agreements with the State and any other
appropriate institutions and organizations to carry out the
purposes of this section.
SEC. 215. DEL NORTE COUNTY VISITOR CENTER.
(a) In General.--The Secretary of Agriculture and Secretary
of the Interior, acting
[[Page H4826]]
jointly or separately, may establish, in cooperation with any
other public or private entities that the Secretaries
determine to be appropriate, a visitor center in Del Norte
County, California--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of Redwood
National and State Parks, the Smith River National Recreation
Area, and other nearby Federal lands.
(b) Requirements.--The Secretaries shall ensure that the
visitor center authorized under subsection (a) is designed to
interpret the scenic, biological, natural, historical,
scientific, paleontological, recreational, ecological,
wilderness, and cultural resources of Redwood National and
State Parks, the Smith River National Recreation Area, and
other nearby Federal lands.
SEC. 216. MANAGEMENT PLANS.
(a) In General.--In revising the land and resource
management plan for the Shasta-Trinity, Six Rivers, Klamath,
and Mendocino National Forests, the Secretary shall--
(1) consider the purposes of the South Fork Trinity-Mad
River Restoration Area established by section 211; and
(2) include or update the fire management plan for the
wilderness areas and wilderness additions established by this
subtitle.
(b) Requirement.--In carrying out the revisions required by
subsection (a), the Secretary shall--
(1) develop spatial fire management plans in accordance
with--
(A) the Guidance for Implementation of Federal Wildland
Fire Management Policy dated February 13, 2009, including any
amendments to that guidance; and
(B) other appropriate policies;
(2) ensure that a fire management plan--
(A) considers how prescribed or managed fire can be used to
achieve ecological management objectives of wilderness and
other natural or primitive areas; and
(B) in the case of a wilderness area expanded by section
231, provides consistent direction regarding fire management
to the entire wilderness area, including the addition;
(3) consult with--
(A) appropriate State, Tribal, and local governmental
entities; and
(B) members of the public; and
(4) comply with applicable laws (including regulations).
SEC. 217. STUDY; PARTNERSHIPS RELATED TO OVERNIGHT
ACCOMMODATIONS.
(a) Study.--The Secretary of the Interior, in consultation
with interested Federal, State, Tribal, and local entities,
and private and nonprofit organizations, shall conduct a
study to evaluate the feasibility and suitability of
establishing overnight accommodations near Redwood National
and State Parks on--
(1) Federal land at the northern boundary or on land within
20 miles of the northern boundary; and
(2) Federal land at the southern boundary or on land within
20 miles of the southern boundary.
(b) Partnerships.--
(1) Agreements authorized.--If the study conducted under
subsection (a) determines that establishing the described
accommodations is suitable and feasible, the Secretary may
enter into agreements with qualified private and nonprofit
organizations for the development, operation, and maintenance
of overnight accommodations.
(2) Contents.--Any agreements entered into under paragraph
(1) shall clearly define the role and responsibility of the
Secretary and the private or nonprofit organization.
(3) Compliance.--The Secretary shall enter agreements under
paragraph (1) in accordance with existing law.
(4) Effect.--Nothing in this subsection--
(A) reduces or diminishes the authority of the Secretary to
manage land and resources under the jurisdiction of the
Secretary; or
(B) amends or modifies the application of any existing law
(including regulations) applicable to land under the
jurisdiction of the Secretary.
PART 2--RECREATION
SEC. 221. HORSE MOUNTAIN SPECIAL MANAGEMENT AREA.
(a) Establishment.--Subject to valid existing rights, there
is established the Horse Mountain Special Management Area
(referred to in this section as the ``special management
area'') comprising approximately 7,482 acres of Federal land
administered by the Forest Service in Humboldt County,
California, as generally depicted on the map entitled ``Horse
Mountain Special Management Area'' and dated May 15, 2020.
(b) Purposes.--The purpose of the special management area
is to enhance the recreational and scenic values of the
special management area while conserving the plants,
wildlife, and other natural resource values of the area.
(c) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this subtitle and in accordance with paragraph
(2), the Secretary shall develop a comprehensive plan for the
long-term management of the special management area.
(2) Consultation.--In developing the management plan
required under paragraph (1), the Secretary shall consult
with--
(A) appropriate State, Tribal, and local governmental
entities; and
(B) members of the public.
(3) Additional requirement.--The management plan required
under paragraph (1) shall ensure that recreational use within
the special management area does not cause significant
adverse impacts on the plants and wildlife of the special
management area.
(d) Management.--
(1) In general.--The Secretary shall manage the special
management area--
(A) in furtherance of the purposes described in subsection
(b); and
(B) in accordance with--
(i) the laws (including regulations) generally applicable
to the National Forest System;
(ii) this section; and
(iii) any other applicable law (including regulations).
(2) Recreation.--The Secretary shall continue to authorize,
maintain, and enhance the recreational use of the special
management area, including hunting, fishing, camping, hiking,
hang gliding, sightseeing, nature study, horseback riding,
rafting, mountain biking, and motorized recreation on
authorized routes, and other recreational activities, so long
as such recreational use is consistent with the purposes of
the special management area, this section, other applicable
law (including regulations), and applicable management plans.
(3) Motorized vehicles.--
(A) In general.--Except as provided in subparagraph (B),
the use of motorized vehicles in the special management area
shall be permitted only on roads and trails designated for
the use of motorized vehicles.
(B) Use of snowmobiles.--The winter use of snowmobiles
shall be allowed in the special management area--
(i) during periods of adequate snow coverage during the
winter season; and
(ii) subject to any terms and conditions determined to be
necessary by the Secretary.
(4) New trails.--
(A) In general.--The Secretary may construct new trails for
motorized or nonmotorized recreation within the special
management area in accordance with--
(i) the laws (including regulations) generally applicable
to the National Forest System;
(ii) this section; and
(iii) any other applicable law (including regulations).
(B) Priority.--In establishing new trails within the
special management area, the Secretary shall--
(i) prioritize the establishment of loops that provide
high-quality, diverse recreational experiences; and
(ii) consult with members of the public.
(e) Withdrawal.--Subject to valid existing rights, the
special management area is withdrawn from--
(1) all forms of appropriation or disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under laws relating to mineral and
geothermal leasing.
SEC. 222. BIGFOOT NATIONAL RECREATION TRAIL.
(a) Feasibility Study.--
(1) In general.--Not later than 3 years after the date of
the enactment of this subtitle, the Secretary of Agriculture,
in cooperation with the Secretary of the Interior, shall
submit to the Committee on Natural Resources of the House of
Representatives and Committee on Energy and Natural Resources
of the Senate a study that describes the feasibility of
establishing a nonmotorized Bigfoot National Recreation Trail
that follows the route described in paragraph (2).
(2) Route.--The trail described in paragraph (1) shall
extend from the Ides Cove Trailhead in the Mendocino National
Forest to Crescent City, California, by roughly following the
route as generally depicted on the map entitled ``Bigfoot
National Recreation Trail--Proposed'' and dated July 25,
2018.
(3) Additional requirement.--In completing the study
required by subsection (a), the Secretary of Agriculture
shall consult with--
(A) appropriate Federal, State, Tribal, regional, and local
agencies;
(B) private landowners;
(C) nongovernmental organizations; and
(D) members of the public.
(b) Designation.--
(1) In general.--Upon a determination that the Bigfoot
National Recreation Trail is feasible and meets the
requirements for a National Recreation Trail in section 1243
of title 16, United States Code, the Secretary of Agriculture
shall designate the Bigfoot National Recreation Trail in
accordance with--
(A) the National Trails System Act (Public Law 90-543);
(B) this subtitle; and
(C) other applicable law (including regulations).
(2) Administration.--Upon designation by the Secretary of
Agriculture, the Bigfoot National Recreation Trail (referred
to in this section as the ``trail'') shall be administered by
the Secretary of Agriculture, in consultation with--
(A) other Federal, State, Tribal, regional, and local
agencies;
(B) private landowners; and
(C) other interested organizations.
(3) Private property rights.--
(A) In general.--No portions of the trail may be located on
non-Federal land without the written consent of the
landowner.
(B) Prohibition.--The Secretary of Agriculture shall not
acquire for the trail any land or interest in land outside
the exterior boundary of any federally managed area without
the consent of the owner of the land or interest in the land.
[[Page H4827]]
(C) Effect.--Nothing in this section--
(i) requires any private property owner to allow public
access (including Federal, State, or local government access)
to private property; or
(ii) modifies any provision of Federal, State, or local law
with respect to public access to or use of private land.
(c) Cooperative Agreements.--In carrying out this section,
the Secretary of Agriculture may enter into cooperative
agreements with State, Tribal, and local government entities
and private entities to complete needed trail construction,
reconstruction, realignment, maintenance, or education
projects related to the Bigfoot National Recreation Trail.
(d) Map.--
(1) Map required.--Upon designation of the Bigfoot National
Recreation Trail, the Secretary of Agriculture shall prepare
a map of the trail.
(2) Public availability.--The map referred to in paragraph
(1) shall be on file and available for public inspection in
the appropriate offices of the Forest Service.
SEC. 223. ELK CAMP RIDGE RECREATION TRAIL.
(a) Designation.--
(1) In general.--In accordance with paragraph (2), the
Secretary of Agriculture after an opportunity for public
comment, shall designate a trail (which may include a system
of trails)--
(A) for use by off-highway vehicles or mountain bicycles,
or both; and
(B) to be known as the Elk Camp Ridge Recreation Trail.
(2) Requirements.--In designating the Elk Camp Ridge
Recreation Trail (referred to in this section as the
``trail''), the Secretary shall only include trails that
are--
(A) as of the date of enactment of this subtitle,
authorized for use by off-highway vehicles or mountain bikes,
or both; and
(B) located on land that is managed by the Forest Service
in Del Norte County.
(3) Map.--A map that depicts the trail shall be on file and
available for public inspection in the appropriate offices of
the Forest Service.
(b) Management.--
(1) In general.--The Secretary shall manage the trail--
(A) in accordance with applicable laws (including
regulations);
(B) to ensure the safety of citizens who use the trail; and
(C) in a manner by which to minimize any damage to
sensitive habitat or cultural resources.
(2) Monitoring; evaluation.--To minimize the impacts of the
use of the trail on environmental and cultural resources, the
Secretary shall annually assess the effects of the use of
off-highway vehicles and mountain bicycles on--
(A) the trail;
(B) land located in proximity to the trail; and
(C) plants, wildlife, and wildlife habitat.
(3) Closure.--The Secretary, in consultation with the State
and Del Norte County, and subject to paragraph (4), may
temporarily close or permanently reroute a portion of the
trail if the Secretary determines that--
(A) the trail is having an adverse impact on--
(i) wildlife habitats;
(ii) natural resources;
(iii) cultural resources; or
(iv) traditional uses;
(B) the trail threatens public safety; or
(C) closure of the trail is necessary--
(i) to repair damage to the trail; or
(ii) to repair resource damage.
(4) Rerouting.--Any portion of the trail that is
temporarily closed by the Secretary under paragraph (3) may
be permanently rerouted along any road or trail--
(A) that is--
(i) in existence as of the date of the closure of the
portion of the trail;
(ii) located on public land; and
(iii) open to motorized or mechanized use; and
(B) if the Secretary determines that rerouting the portion
of the trail would not significantly increase or decrease the
length of the trail.
(5) Notice of available routes.--The Secretary shall ensure
that visitors to the trail have access to adequate notice
relating to the availability of trail routes through--
(A) the placement of appropriate signage along the trail;
and
(B) the distribution of maps, safety education materials,
and other information that the Secretary concerned determines
to be appropriate.
(c) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 224. TRINITY LAKE TRAIL.
(a) Trail Construction.--
(1) Feasibility study.--Not later than 18 months after the
date of enactment of this subtitle, the Secretary shall study
the feasibility and public interest of constructing a
recreational trail for nonmotorized uses around Trinity Lake.
(2) Construction.--
(A) Construction authorized.--Subject to appropriations,
and in accordance with paragraph (3), if the Secretary
determines under paragraph (1) that the construction of the
trail described in such paragraph is feasible and in the
public interest, the Secretary may provide for the
construction of the trail.
(B) Use of volunteer services and contributions.--The trail
may be constructed under this section through the acceptance
of volunteer services and contributions from non-Federal
sources to reduce or eliminate the need for Federal
expenditures to construct the trail.
(3) Compliance.--In carrying out this section, the
Secretary shall comply with--
(A) the laws (including regulations) generally applicable
to the National Forest System; and
(B) this subtitle.
(b) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 225. TRAILS STUDY.
(a) In General.--Not later than 2 years after the date of
enactment of this subtitle, the Secretary of Agriculture, in
accordance with subsection (b) and in consultation with
interested parties, shall conduct a study to improve
motorized and nonmotorized recreation trail opportunities
(including mountain bicycling) on land not designated as
wilderness within the portions of the Six Rivers, Shasta-
Trinity, and Mendocino National Forests located in Del Norte,
Humboldt, Trinity, and Mendocino Counties.
(b) Consultation.--In carrying out the study required by
subsection (a), the Secretary of Agriculture shall consult
with the Secretary of the Interior regarding opportunities to
improve, through increased coordination, recreation trail
opportunities on land under the jurisdiction of the Secretary
of the Interior that shares a boundary with the national
forest land described in subsection (a).
SEC. 226. CONSTRUCTION OF MOUNTAIN BICYCLING ROUTES.
(a) Trail Construction.--
(1) Feasibility study.--Not later than 18 months after the
date of enactment of this subtitle, the Secretary of
Agriculture shall study the feasibility and public interest
of constructing recreational trails for mountain bicycling
and other nonmotorized uses on the routes as generally
depicted in the report entitled ``Trail Study for Smith River
National Recreation Area Six Rivers National Forest'' and
dated 2016.
(2) Construction.--
(A) Construction authorized.--Subject to appropriations,
and in accordance with paragraph (3), if the Secretary
determines under paragraph (1) that the construction of one
or more routes described in such paragraph is feasible and in
the public interest, the Secretary may provide for the
construction of the routes.
(B) Modifications.--The Secretary may modify the routes as
necessary in the opinion of the Secretary.
(C) Use of volunteer services and contributions.--Routes
may be constructed under this section through the acceptance
of volunteer services and contributions from non-Federal
sources to reduce or eliminate the need for Federal
expenditures to construct the route.
(3) Compliance.--In carrying out this section, the
Secretary shall comply with--
(A) the laws (including regulations) generally applicable
to the National Forest System; and
(B) this subtitle.
(b) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 227. PARTNERSHIPS.
(a) Agreements Authorized.--The Secretary is authorized to
enter into agreements with qualified private and nonprofit
organizations to undertake the following activities on
Federal lands in Mendocino, Humboldt, Trinity, and Del Norte
Counties--
(1) trail and campground maintenance;
(2) public education, visitor contacts, and outreach; and
(3) visitor center staffing.
(b) Contents.--Any agreements entered into under subsection
(a) shall clearly define the role and responsibility of the
Secretary and the private or nonprofit organization.
(c) Compliance.--The Secretary shall enter into agreements
under subsection (a) in accordance with existing law.
(d) Effect.--Nothing in this section--
(1) reduces or diminishes the authority of the Secretary to
manage land and resources under the jurisdiction of the
Secretary; or
(2) amends or modifies the application of any existing law
(including regulations) applicable to land under the
jurisdiction of the Secretary.
PART 3--CONSERVATION
SEC. 231. DESIGNATION OF WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Black butte river wilderness.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 11,155 acres, as generally depicted on the map
entitled ``Black Butte Wilderness--Proposed'' and dated May
15, 2020, which shall be known as the Black Butte River
Wilderness.
(2) Chanchelulla wilderness additions.--Certain Federal
land managed by the Forest Service in the State, comprising
approximately 6,382 acres, as generally depicted on the map
entitled ``Chanchelulla Wilderness Additions--Proposed'' and
dated May 15, 2020, which is incorporated in, and considered
to be a part of, the Chanchelulla Wilderness, as
[[Page H4828]]
designated by section 101(a)(4) of the California Wilderness
Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 1619).
(3) Chinquapin wilderness.--Certain Federal land managed by
the Forest Service in the State, comprising approximately
27,164 acres, as generally depicted on the map entitled
``Chinquapin Wilderness--Proposed'' and dated May 15, 2020,
which shall be known as the Chinquapin Wilderness.
(4) Elkhorn ridge wilderness addition.--Certain Federal
land managed by the Bureau of Land Management in the State,
comprising approximately 37 acres, as generally depicted on
the map entitled ``Proposed Elkhorn Ridge Wilderness
Additions'' and dated October 24, 2019, which is incorporated
in, and considered to be a part of, the Elkhorn Ridge
Wilderness, as designated by section 6(d) of Public Law 109-
362 (16 U.S.C. 1132 note; 120 Stat. 2070).
(5) English ridge wilderness.--Certain Federal land managed
by the Bureau of Land Management in the State, comprising
approximately 6,204 acres, as generally depicted on the map
entitled ``English Ridge Wilderness--Proposed'' and dated
March 29, 2019, which shall be known as the English Ridge
Wilderness.
(6) Headwaters forest wilderness.--Certain Federal land
managed by the Bureau of Land Management in the State,
comprising approximately 4,360 acres, as generally depicted
on the map entitled ``Headwaters Forest Wilderness--
Proposed'' and dated October 15, 2019, which shall be known
as the Headwaters Forest Wilderness.
(7) Mad river buttes wilderness.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 6,097 acres, as generally depicted on the map
entitled ``Mad River Buttes Wilderness--Proposed'' and dated
May 15, 2020, which shall be known as the Mad River Buttes
Wilderness.
(8) Mount lassic wilderness addition.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 1,288 acres, as generally depicted on the map
entitled ``Mt. Lassic Wilderness Additions--Proposed'' and
dated May 15, 2020, which is incorporated in, and considered
to be a part of, the Mount Lassic Wilderness, as designated
by section 3(6) of Public Law 109-362 (16 U.S.C. 1132 note;
120 Stat. 2065).
(9) North fork eel wilderness addition.--Certain Federal
land managed by the Forest Service and the Bureau of Land
Management in the State, comprising approximately 16,342
acres, as generally depicted on the map entitled ``North Fork
Eel Wilderness Additions'' and dated May 15, 2020, which is
incorporated in, and considered to be a part of, the North
Fork Eel Wilderness, as designated by section 101(a)(19) of
the California Wilderness Act of 1984 (16 U.S.C. 1132 note;
98 Stat. 1621).
(10) Pattison wilderness.--Certain Federal land managed by
the Forest Service in the State, comprising approximately
29,451 acres, as generally depicted on the map entitled
``Pattison Wilderness--Proposed'' and dated May 15, 2020,
which shall be known as the Pattison Wilderness.
(11) Sanhedrin wilderness addition.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 112 acres, as generally depicted on the map
entitled ``Sanhedrin Wilderness Addition--Proposed'' and
dated March 29, 2019, which is incorporated in, and
considered to be a part of, the Sanhedrin Wilderness, as
designated by section 3(2) of Public Law 109-362 (16 U.S.C.
1132 note; 120 Stat. 2065).
(12) Siskiyou wilderness addition.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 23,913 acres, as generally depicted on the maps
entitled ``Siskiyou Wilderness Additions--Proposed (North)''
and ``Siskiyou Wilderness Additions--Proposed (South)'' and
dated May 15, 2020, which is incorporated in, and considered
to be a part of, the Siskiyou Wilderness, as designated by
section 101(a)(30) of the California Wilderness Act of 1984
(16 U.S.C. 1132 note; 98 Stat. 1623) (as amended by section
3(5) of Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat.
2065)).
(13) South fork eel river wilderness addition.--Certain
Federal land managed by the Bureau of Land Management in the
State, comprising approximately 603 acres, as generally
depicted on the map entitled ``South Fork Eel River
Wilderness Additions--Proposed'' and dated October 24, 2019,
which is incorporated in, and considered to be a part of, the
South Fork Eel River Wilderness, as designated by section
3(10) of Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat.
2066).
(14) South fork trinity river wilderness.--Certain Federal
land managed by the Forest Service in the State, comprising
approximately 26,115 acres, as generally depicted on the map
entitled ``South Fork Trinity River Wilderness Additions--
Proposed'' and dated May 15, 2020, which shall be known as
the South Fork Trinity River Wilderness.
(15) Trinity alps wilderness addition.--Certain Federal
land managed by the Forest Service in the State, comprising
approximately 61,187 acres, as generally depicted on the maps
entitled ``Trinity Alps Proposed Wilderness Additions EAST''
and ``Trinity Alps Wilderness Additions West--Proposed'' and
dated May 15, 2020, which is incorporated in, and considered
to be a part of, the Trinity Alps Wilderness, as designated
by section 101(a)(34) of the California Wilderness Act of
1984 (16 U.S.C. 1132 note; 98 Stat. 1623) (as amended by
section 3(7) of Public Law 109-362 (16 U.S.C. 1132 note; 120
Stat. 2065)).
(16) Underwood wilderness.--Certain Federal land managed by
the Forest Service in the State, comprising approximately
15,068 acres, as generally depicted on the map entitled
``Underwood Wilderness--Proposed'' and dated May 15, 2020,
which shall be known as the Underwood Wilderness.
(17) Yolla bolly-middle eel wilderness additions.--Certain
Federal land managed by the Forest Service and the Bureau of
Land Management in the State, comprising approximately 11,243
acres, as generally depicted on the maps entitled ``Yolla
Bolly Wilderness Proposed--NORTH'', ``Yolla Bolly Wilderness
Proposed--SOUTH'', and ``Yolla Bolly Wilderness Proposed--
WEST'' and dated May 15, 2020, which is incorporated in, and
considered to be a part of, the Yolla Bolly-Middle Eel
Wilderness, as designated by section 3 of the Wilderness Act
(16 U.S.C. 1132) (as amended by section 3(4) of Public Law
109-362 (16 U.S.C. 1132 note; 120 Stat. 2065)).
(18) Yuki wilderness addition.--Certain Federal land
managed by the Forest Service and the Bureau of Land
Management in the State, comprising approximately 11,076
acres, as generally depicted on the map entitled ``Yuki
Wilderness Additions--Proposed'' and dated May 15, 2020,
which is incorporated in, and considered to be a part of, the
Yuki Wilderness, as designated by section 3(3) of Public Law
109-362 (16 U.S.C. 1132 note; 120 Stat. 2065).
(b) Redesignation of North Fork Wilderness as North Fork
Eel River Wilderness.--Section 101(a)(19) of Public Law 98-
425 (16 U.S.C. 1132 note; 98 Stat. 1621) is amended by
striking ``North Fork Wilderness'' and inserting ``North Fork
Eel River Wilderness''. Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the North Fork Wilderness shall be deemed to be a
reference to the North Fork Eel River Wilderness.
(c) Elkhorn Ridge Wilderness Adjustments.--The boundary of
the Elkhorn Ridge Wilderness established by section 6(d) of
Public Law 109-362 (16 U.S.C. 1132 note) is adjusted by
deleting approximately 30 acres of Federal land as generally
depicted on the map entitled ``Proposed Elkhorn Ridge
Wilderness Additions'' and dated October 24, 2019.
SEC. 232. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, the
wilderness areas and wilderness additions established by
section 231 shall be administered by the Secretary in
accordance with this subtitle and the Wilderness Act (16
U.S.C. 1131 et seq.), except that--
(1) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this subtitle; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures in a
wilderness area or wilderness addition designated by section
231 as are necessary for the control of fire, insects, and
diseases in accordance with section 4(d)(1) of the Wilderness
Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th
Congress.
(2) Funding priorities.--Nothing in this subtitle limits
funding for fire and fuels management in the wilderness areas
or wilderness additions designated by this subtitle.
(3) Administration.--Consistent with paragraph (1) and
other applicable Federal law, to ensure a timely and
efficient response to fire emergencies in the wilderness
additions designated by this subtitle, the Secretary of
Agriculture shall--
(A) not later than 1 year after the date of enactment of
this subtitle, establish agency approval procedures
(including appropriate delegations of authority to the Forest
Supervisor, District Manager, or other agency officials) for
responding to fire emergencies; and
(B) enter into agreements with appropriate State or local
firefighting agencies.
(c) Grazing.--The grazing of livestock in the wilderness
areas and wilderness additions designated by this subtitle,
if established before the date of enactment of this subtitle,
shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2)(A) for lands under the jurisdiction of the Secretary of
Agriculture, the guidelines set forth in the report of the
Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 5487 of the 96th Congress
(H. Rept. 96-617); or
(B) for lands under the jurisdiction of the Secretary of
the Interior, the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R. 2570 of the
101st Congress (H. Rept. 101-405).
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
subtitle affects the jurisdiction or responsibilities of the
State with respect to fish and wildlife on public land in the
State.
(2) Management activities.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et
seq.), the Secretary may conduct any management activities
that are necessary to maintain or restore fish, wildlife, and
plant populations and habitats in the wilderness areas or
wilderness additions designated by section 231, if the
management activities are--
[[Page H4829]]
(A) consistent with relevant wilderness management plans;
and
(B) conducted in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(ii) appropriate policies, such as the policies established
in Appendix B of House Report 101-405.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for designation
of wilderness or wilderness additions by this subtitle to
lead to the creation of protective perimeters or buffer zones
around each wilderness area or wilderness addition.
(2) Activities or uses up to boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from
within a wilderness area shall not, of itself, preclude the
activities or uses up to the boundary of the wilderness area.
(f) Military Activities.--Nothing in this subtitle
precludes--
(1) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by
section 231;
(2) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by
section 231; or
(3) the use or establishment of military flight training
routes over the wilderness areas or wilderness additions
designated by section 231.
(g) Horses.--Nothing in this subtitle precludes horseback
riding in, or the entry of recreational or commercial saddle
or pack stock into, an area designated as a wilderness area
or wilderness addition by section 231--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(h) Withdrawal.--Subject to valid existing rights, the
wilderness areas and wilderness additions designated by
section 231 are withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral materials and geothermal
leasing laws.
(i) Use by Members of Indian Tribes.--
(1) Access.--In recognition of the past use of wilderness
areas and wilderness additions designated by this subtitle by
members of Indian Tribes for traditional cultural and
religious purposes, the Secretary shall ensure that Indian
Tribes have access to the wilderness areas and wilderness
additions designated by section 231 for traditional cultural
and religious purposes.
(2) Temporary closures.--
(A) In general.--In carrying out this section, the
Secretary, on request of an Indian Tribe, may temporarily
close to the general public one or more specific portions of
a wilderness area or wilderness addition to protect the
privacy of the members of the Indian Tribe in the conduct of
the traditional cultural and religious activities in the
wilderness area or wilderness addition.
(B) Requirement.--Any closure under subparagraph (A) shall
be made in such a manner as to affect the smallest
practicable area for the minimum period of time necessary for
the activity to be carried out.
(3) Applicable law.--Access to the wilderness areas and
wilderness additions under this subsection shall be in
accordance with--
(A) Public Law 95-341 (commonly known as the American
Indian Religious Freedom Act) (42 U.S.C. 1996 et seq.); and
(B) the Wilderness Act (16 U.S.C. 1131 et seq.).
(j) Incorporation of Acquired Land and Interests.--Any land
within the boundary of a wilderness area or wilderness
addition designated by section 231 that is acquired by the
United States shall--
(1) become part of the wilderness area in which the land is
located;
(2) be withdrawn in accordance with subsection (h); and
(3) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(k) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such
terms and conditions as the Secretary may prescribe, the
Secretary may authorize the installation and maintenance of
hydrologic, meteorologic, or climatological collection
devices in the wilderness areas and wilderness additions
designated by section 231 if the Secretary determines that
the facilities and access to the facilities are essential to
flood warning, flood control, or water reservoir operation
activities.
(l) Authorized Events.--The Secretary may continue to
authorize the competitive equestrian event permitted since
2012 in the Chinquapin Wilderness established by section 231
in a manner compatible with the preservation of the area as
wilderness.
(m) Recreational Climbing.--Nothing in this subtitle
prohibits recreational rock climbing activities in the
wilderness areas, such as the placement, use, and maintenance
of fixed anchors, including any fixed anchor established
before the date of the enactment of this subtitle--
(1) in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
SEC. 233. DESIGNATION OF POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the following areas
in the State are designated as potential wilderness areas:
(1) Certain Federal land managed by the Forest Service,
comprising approximately 4,005 acres, as generally depicted
on the map entitled ``Chinquapin Proposed Potential
Wilderness'' and dated May 15, 2020.
(2) Certain Federal land administered by the National Park
Service, compromising approximately 31,000 acres, as
generally depicted on the map entitled ``Redwood National
Park--Potential Wilderness'' and dated October 9, 2019.
(3) Certain Federal land managed by the Forest Service,
comprising approximately 5,681 acres, as generally depicted
on the map entitled ``Siskiyou Proposed Potential
Wildernesses'' and dated May 15, 2020.
(4) Certain Federal land managed by the Forest Service,
comprising approximately 446 acres, as generally depicted on
the map entitled ``South Fork Trinity River Proposed
Potential Wilderness'' and dated May 15, 2020.
(5) Certain Federal land managed by the Forest Service,
comprising approximately 1,256 acres, as generally depicted
on the map entitled ``Trinity Alps Proposed Potential
Wilderness'' and dated May 15, 2020.
(6) Certain Federal land managed by the Forest Service,
comprising approximately 4,386 acres, as generally depicted
on the map entitled ``Yolla Bolly Middle-Eel Proposed
Potential Wilderness'' and dated May 15, 2020.
(7) Certain Federal land managed by the Forest Service,
comprising approximately 2,918 acres, as generally depicted
on the map entitled ``Yuki Proposed Potential Wilderness''
and dated May 15, 2020.
(b) Management.--Except as provided in subsection (c) and
subject to valid existing rights, the Secretary shall manage
the potential wilderness areas designated by subsection (a)
(referred to in this section as ``potential wilderness
areas'') as wilderness until the potential wilderness areas
are designated as wilderness under subsection (d).
(c) Ecological Restoration.--
(1) In general.--For purposes of ecological restoration
(including the elimination of nonnative species, removal of
illegal, unused, or decommissioned roads, repair of skid
tracks, and any other activities necessary to restore the
natural ecosystems in a potential wilderness area and
consistent with paragraph (2)), the Secretary may use
motorized equipment and mechanized transport in a potential
wilderness area until the potential wilderness area is
designated as wilderness under subsection (d).
(2) Limitation.--To the maximum extent practicable, the
Secretary shall use the minimum tool or administrative
practice necessary to accomplish ecological restoration with
the least amount of adverse impact on wilderness character
and resources.
(d) Eventual Wilderness Designation.--The potential
wilderness areas shall be designated as wilderness and as a
component of the National Wilderness Preservation System on
the earlier of--
(1) the date on which the Secretary publishes in the
Federal Register notice that the conditions in a potential
wilderness area that are incompatible with the Wilderness Act
(16 U.S.C. 1131 et seq.) have been removed; or
(2) the date that is 10 years after the date of enactment
of this subtitle for potential wilderness areas located on
lands managed by the Forest Service.
(e) Administration as Wilderness.--
(1) In general.--On its designation as wilderness under
subsection (d), a potential wilderness area shall be
administered in accordance with section 232 and the
Wilderness Act (16 U.S.C. 1131 et seq.).
(2) Designation.--On its designation as wilderness under
subsection (d)--
(A) the land described in subsection (a)(1) shall be
incorporated in, and considered to be a part of, the
Chinquapin Wilderness established by section 231(a)(3);
(B) the land described in subsection (a)(3) shall be
incorporated in, and considered to be a part of, the Siskiyou
Wilderness as designated by section 101(a)(30) of the
California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98
Stat. 1623) (as amended by section 3(5) of Public Law 109-362
(16 U.S.C. 1132 note; 120 Stat. 2065) and expanded by section
231(a)(12));
(C) the land described in subsection (a)(4) shall be
incorporated in, and considered to be a part of, the South
Fork Trinity River Wilderness established by section
231(a)(14);
(D) the land described in subsection (a)(5) shall be
incorporated in, and considered to be a part of, the Trinity
Alps Wilderness as designated by section 101(a)(34) of the
California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98
Stat. 1623) (as amended by section 3(7) of Public Law 109-362
(16 U.S.C. 1132 note; 120 Stat. 2065) and expanded by section
231(a)(15));
(E) the land described in subsection (a)(6) shall be
incorporated in, and considered to be a part of, the Yolla
Bolly-Middle Eel Wilderness as designated by section 3 of the
Wilderness Act (16 U.S.C. 1132) (as amended by section 3(4)
of Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat. 2065)
and expanded by section 231(a)(17)); and
(F) the land described in subsection (a)(7) shall be
incorporated in, and considered to be a part of, the Yuki
Wilderness as designated by section 3(3) of Public Law 109-
362 (16 U.S.C. 1132 note; 120 Stat. 2065) and expanded by
section 231(a)(18).
(f) Report.--Within 3 years after the date of enactment of
this subtitle, and every 3
[[Page H4830]]
years thereafter until the date upon which the potential
wilderness is designated wilderness under subsection (d), the
Secretary shall submit a report to the Committee on Natural
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate on the status
of ecological restoration within the potential wilderness
area and the progress toward the potential wilderness area's
eventual wilderness designation under subsection (d).
SEC. 234. DESIGNATION OF WILD AND SCENIC RIVERS.
Section 3(a) of the National Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended by adding at the end the
following:
``(231) South fork trinity river.--The following segments
from the source tributaries in the Yolla Bolly-Middle Eel
Wilderness, to be administered by the Secretary of
Agriculture:
``(A) The 18.3-mile segment from its multiple source
springs in the Cedar Basin of the Yolla Bolly-Middle Eel
Wilderness in section 15, T. 27 N., R. 10 W. to .25 miles
upstream of the Wild Mad Road, as a wild river.
``(B) The .65-mile segment from .25 miles upstream of Wild
Mad Road to the confluence with the unnamed tributary
approximately .4 miles downstream of the Wild Mad Road in
section 29, T. 28 N., R. 11 W., as a scenic river.
``(C) The 9.8-mile segment from .75 miles downstream of
Wild Mad Road to Silver Creek, as a wild river.
``(D) The 5.4-mile segment from Silver Creek confluence to
Farley Creek, as a scenic river.
``(E) The 3.6-mile segment from Farley Creek to Cave Creek,
as a recreational river.
``(F) The 5.6-mile segment from Cave Creek to the
confluence of the unnamed creek upstream of Hidden Valley
Ranch in section 5, T. 15, R. 7 E., as a wild river.
``(G) The 2.5-mile segment from unnamed creek confluence
upstream of Hidden Valley Ranch to the confluence with the
unnamed creek flowing west from Bear Wallow Mountain in
section 29, T. 1 N., R. 7 E., as a scenic river.
``(H) The 3.8-mile segment from the unnamed creek
confluence in section 29, T. 1 N., R. 7 E. to Plummer Creek,
as a wild river.
``(I) The 1.8-mile segment from Plummer Creek to the
confluence with the unnamed tributary north of McClellan
Place in section 6, T. 1 N., R. 7 E., as a scenic river.
``(J) The 5.4-mile segment from the unnamed tributary
confluence in section 6, T. 1 N., R. 7 E. to Hitchcock Creek,
as a wild river.
``(K) The 7-mile segment from Eltapom Creek to the Grouse
Creek, as a scenic river.
``(L) The 5-mile segment from Grouse Creek to Coon Creek,
as a wild river.
``(232) East fork south fork trinity river.--The following
segments to be administered by the Secretary of Agriculture:
``(A) The 8.4-mile segment from its source in the Pettijohn
Basin in the Yolla Bolly-Middle Eel Wilderness in section 10,
T. 3 S., R. 10 W. to .25 miles upstream of the Wild Mad Road,
as a wild river.
``(B) The 3.4-mile segment from .25 miles upstream of the
Wild Mad Road to the South Fork Trinity River, as a
recreational river.
``(233) Rattlesnake creek.--The 5.9-mile segment from the
confluence with the unnamed tributary in the southeast corner
of section 5, T. 1 S., R. 12 W. to the South Fork Trinity
River, to be administered by the Secretary of Agriculture as
a recreational river.
``(234) Butter creek.--The 7-mile segment from .25 miles
downstream of the Road 3N08 crossing to the South Fork
Trinity River, to be administered by the Secretary of
Agriculture as a scenic river.
``(235) Hayfork creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 3.2-mile segment from Little Creek to Bear Creek,
as a recreational river.
``(B) The 13.2-mile segment from Bear Creek to the northern
boundary of section 19, T. 3 N., R. 7 E., as a scenic river.
``(236) Olsen creek.--The 2.8-mile segment from the
confluence of its source tributaries in section 5, T. 3 N.,
R. 7 E. to the northern boundary of section 24, T. 3 N., R. 6
E., to be administered by the Secretary of the Interior as a
scenic river.
``(237) Rusch creek.--The 3.2-mile segment from .25 miles
downstream of the 32N11 Road crossing to Hayfork Creek, to be
administered by the Secretary of Agriculture as a
recreational river.
``(238) Eltapom creek.--The 3.4-mile segment from Buckhorn
Creek to the South Fork Trinity River, to be administered by
the Secretary of Agriculture as a wild river.
``(239) Grouse creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 3.9-mile segment from Carson Creek to Cow Creek,
as a scenic river.
``(B) The 7.4-mile segment from Cow Creek to the South Fork
Trinity River, as a recreational river.
``(240) Madden creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 6.8-mile segment from the confluence of Madden
Creek and its unnamed tributary in section 18, T. 5 N., R. 5
E. to Fourmile Creek, as a wild river.
``(B) The 1.6-mile segment from Fourmile Creek to the South
Fork Trinity River, as a recreational river.
``(241) Canyon creek.--The following segments to be
administered by the Secretary of Agriculture and the
Secretary of the Interior:
``(A) The 6.6-mile segment from the outlet of lower Canyon
Creek Lake to Bear Creek upstream of Ripstein, as a wild
river.
``(B) The 11.2-mile segment from Bear Creek upstream of
Ripstein to the southern boundary of section 25, T. 34 N., R.
11 W., as a recreational river.
``(242) North fork trinity river.--The following segments
to be administered by the Secretary of Agriculture:
``(A) The 12-mile segment from the confluence of source
tributaries in section 24, T. 8 N., R. 12 W. to the Trinity
Alps Wilderness boundary upstream of Hobo Gulch, as a wild
river.
``(B) The .5-mile segment from where the river leaves the
Trinity Alps Wilderness to where it fully reenters the
Trinity Alps Wilderness downstream of Hobo Gulch, as a scenic
river.
``(C) The 13.9-mile segment from where the river fully
reenters the Trinity Alps Wilderness downstream of Hobo Gulch
to the Trinity Alps Wilderness boundary upstream of the
County Road 421 crossing, as a wild river.
``(D) The 1.3-mile segment from the Trinity Alps Wilderness
boundary upstream of the County Road 421 crossing to the
Trinity River, as a recreational river.
``(243) East fork north fork trinity river.--The following
segments to be administered by the Secretary of Agriculture:
``(A) The 9.5-mile segment from the river's source north of
Mt. Hilton in section 19, T. 36 N., R. 10 W. to the end of
Road 35N20 approximately .5 miles downstream of the
confluence with the East Branch East Fork North Fork Trinity
River, as a wild river.
``(B) The 3.25-mile segment from the end of Road 35N20 to
.25 miles upstream of Coleridge, as a scenic river.
``(C) The 4.6-mile segment from .25 miles upstream of
Coleridge to the confluence of Fox Gulch, as a recreational
river.
``(244) New river.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 12.7-mile segment of Virgin Creek from its source
spring in section 22, T. 9 N., R. 7 E. to Slide Creek, as a
wild river.
``(B) The 2.3-mile segment of the New River where it begins
at the confluence of Virgin and Slide Creeks to Barron Creek,
as a wild river.
``(245) Middle eel river.--The following segment, to be
administered by the Secretary of Agriculture:
``(A) The 37.7-mile segment from its source in Frying Pan
Meadow to Rose Creek, as a wild river.
``(B) The 1.5-mile segment from Rose Creek to the Black
Butte River, as a recreational river.
``(C) The 10.5-mile segment of Balm of Gilead Creek from
its source in Hopkins Hollow to the Middle Eel River, as a
wild river.
``(D) The 13-mile segment of the North Fork Middle Fork Eel
River from the source on Dead Puppy Ridge in section 11, T.
26 N., R. 11 W. to the confluence of the Middle Eel River, as
a wild river.
``(246) North fork eel river, ca.--The 14.3-mile segment
from the confluence with Gilman Creek to the Six Rivers
National Forest boundary, to be administered by the Secretary
of Agriculture as a wild river.
``(247) Red mountain creek, ca.--The following segments to
be administered by the Secretary of Agriculture:
``(A) The 5.25-mile segment from its source west of Mike's
Rock in section 23, T. 26 N., R. 12 E. to the confluence with
Littlefield Creek, as a wild river.
``(B) The 1.6-mile segment from the confluence with
Littlefield Creek to the confluence with the unnamed
tributary in section 32, T. 26 N., R. 8 E., as a scenic
river.
``(C) The 1.25-mile segment from the confluence with the
unnamed tributary in section 32, T. 4 S., R. 8 E. to the
confluence with the North Fork Eel River, as a wild river.
``(248) Redwood creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 6.2-mile segment from the confluence with Lacks
Creek to the confluence with Coyote Creek as a scenic river
on publication by the Secretary of a notice in the Federal
Register that sufficient inholdings within the boundaries of
the segments have been acquired in fee title to establish a
manageable addition to the system.
``(B) The 19.1-mile segment from the confluence with Coyote
Creek in section 2, T. 8 N., R. 2 E. to the Redwood National
Park boundary upstream of Orick in section 34, T. 11 N., R. 1
E. as a scenic river.
``(C) The 2.3-mile segment of Emerald Creek (also known as
Harry Weir Creek) from its source in section 29, T. 10 N., R.
2 E. to the confluence with Redwood Creek as a scenic river.
``(249) Lacks creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 5.1-mile segment from the confluence with two
unnamed tributaries in section 14, T. 7 N., R. 3 E. to Kings
Crossing in section 27, T. 8 N., R. 3 E. as a wild river.
``(B) The 2.7-mile segment from Kings Crossing to the
confluence with Redwood Creek as a scenic river upon
publication by the Secretary of a notice in the Federal
Register that sufficient inholdings within the segment have
been acquired in fee title or as scenic easements to
establish a manageable addition to the system.
[[Page H4831]]
``(250) Lost man creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 6.4-mile segment of Lost Man Creek from its
source in section 5, T. 10 N., R. 2 E. to .25 miles upstream
of the Prairie Creek confluence, as a recreational river.
``(B) The 2.3-mile segment of Larry Damm Creek from its
source in section 8, T. 11 N., R. 2 E. to the confluence with
Lost Man Creek, as a recreational river.
``(251) Little lost man creek.--The 3.6-mile segment of
Little Lost Man Creek from its source in section 6, T. 10 N.,
R. 2 E. to .25 miles upstream of the Lost Man Creek road
crossing, to be administered by the Secretary of the Interior
as a wild river.
``(252) South fork elk river.--The following segments to be
administered by the Secretary of the Interior through a
cooperative management agreement with the State of
California:
``(A) The 3.6-mile segment of the Little South Fork Elk
River from the source in section 21, T. 3 N., R. 1 E. to the
confluence with the South Fork Elk River, as a wild river.
``(B) The 2.2-mile segment of the unnamed tributary of the
Little South Fork Elk River from its source in section 15, T.
3 N., R. 1 E. to the confluence with the Little South Fork
Elk River, as a wild river.
``(C) The 3.6-mile segment of the South Fork Elk River from
the confluence of the Little South Fork Elk River to the
confluence with Tom Gulch, as a recreational river.
``(253) Salmon creek.--The 4.6-mile segment from its source
in section 27, T. 3 N., R. 1 E. to the Headwaters Forest
Reserve boundary in section 18, T. 3 N., R. 1 E. to be
administered by the Secretary of the Interior as a wild river
through a cooperative management agreement with the State of
California.
``(254) South fork eel river.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 6.2-mile segment from the confluence with Jack of
Hearts Creek to the southern boundary of the South Fork Eel
Wilderness in section 8, T. 22 N., R. 16 W., as a
recreational river to be administered by the Secretary
through a cooperative management agreement with the State of
California.
``(B) The 6.1-mile segment from the southern boundary of
the South Fork Eel Wilderness to the northern boundary of the
South Fork Eel Wilderness in section 29, T. 23 N., R. 16 W.,
as a wild river.
``(255) Elder creek.--The following segments to be
administered by the Secretary of the Interior through a
cooperative management agreement with the State of
California:
``(A) The 3.6-mile segment from its source north of Signal
Peak in section 6, T. 21 N., R. 15 W. to the confluence with
the unnamed tributary near the center of section 28, T. 22
N., R. 16 W., as a wild river.
``(B) The 1.3-mile segment from the confluence with the
unnamed tributary near the center of section 28, T. 22 N., R.
15 W. to the confluence with the South Fork Eel River, as a
recreational river.
``(C) The 2.1-mile segment of Paralyze Canyon from its
source south of Signal Peak in section 7, T. 21 N., R. 15 W.
to the confluence with Elder Creek, as a wild river.
``(256) Cedar creek.--The following segments to be
administered as a wild river by the Secretary of the
Interior:
``(A) The 7.7-mile segment from its source in section 22,
T. 24 N., R. 16 W. to the southern boundary of the Red
Mountain unit of the South Fork Eel Wilderness.
``(B) The 1.9-mile segment of North Fork Cedar Creek from
its source in section 28, T. 24 N., R. 16 E. to the
confluence with Cedar Creek.
``(257) East branch south fork eel river.--The following
segments to be administered by the Secretary of the Interior
as a scenic river on publication by the Secretary of a notice
in the Federal Register that sufficient inholdings within the
boundaries of the segments have been acquired in fee title or
as scenic easements to establish a manageable addition to the
system:
``(A) The 2.3-mile segment of Cruso Cabin Creek from the
confluence of two unnamed tributaries in section 18, T. 24
N., R. 15 W. to the confluence with Elkhorn Creek.
``(B) The 1.8-mile segment of Elkhorn Creek from the
confluence of two unnamed tributaries in section 22, T. 24
N., R. 16 W. to the confluence with Cruso Cabin Creek.
``(C) The 14.2-mile segment of the East Branch South Fork
Eel River from the confluence of Cruso Cabin and Elkhorn
Creeks to the confluence with Rays Creek.
``(D) The 1.7-mile segment of the unnamed tributary from
its source on the north flank of Red Mountain's north ridge
in section 2, T. 24 N., R. 17 W. to the confluence with the
East Branch South Fork Eel River.
``(E) The 1.3-mile segment of the unnamed tributary from
its source on the north flank of Red Mountain's north ridge
in section 1, T. 24 N., R. 17 W. to the confluence with the
East Branch South Fork Eel River.
``(F) The 1.8-mile segment of Tom Long Creek from the
confluence with the unnamed tributary in section 12, T. 5 S.,
R. 4 E. to the confluence with the East Branch South Fork Eel
River.
``(258) Mattole river estuary.--The 1.5-mile segment from
the confluence of Stansberry Creek to the Pacific Ocean, to
be administered as a recreational river by the Secretary of
the Interior.
``(259) Honeydew creek.--The following segments to be
administered as a wild river by the Secretary of the
Interior:
``(A) The 5.1-mile segment of Honeydew Creek from its
source in the southwest corner of section 25, T. 3 S., R. 1
W. to the eastern boundary of the King Range National
Conservation Area in section 18, T. 3 S., R. 1 E.
``(B) The 2.8-mile segment of West Fork Honeydew Creek from
its source west of North Slide Peak to the confluence with
Honeydew Creek.
``(C) The 2.7-mile segment of Upper East Fork Honeydew
Creek from its source in section 23, T. 3 S., R. 1 W. to the
confluence with Honeydew Creek.
``(260) Bear creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 1.9-mile segment of North Fork Bear Creek from
the confluence with the unnamed tributary immediately
downstream of the Horse Mountain Road crossing to the
confluence with the South Fork, as a scenic river.
``(B) The 6.1-mile segment of South Fork Bear Creek from
the confluence in section 2, T. 5 S., R. 1 W. with the
unnamed tributary flowing from the southwest flank of Queen
Peak to the confluence with the North Fork, as a scenic
river.
``(C) The 3-mile segment of Bear Creek from the confluence
of the North and South Forks to the southern boundary of
section 11, T. 4 S., R. 1 E., as a wild river.
``(261) Gitchell creek.--The 3-mile segment of Gitchell
Creek from its source near Saddle Mountain to the Pacific
Ocean to be administered by the Secretary of the Interior as
a wild river.
``(262) Big flat creek.--The following segments to be
administered by the Secretary of the Interior as a wild
river:
``(A) The 4-mile segment of Big Flat Creek from its source
near King Peak in section 36, T. 3 S., R. 1 W. to the Pacific
Ocean.
``(B) The .8-mile segment of the unnamed tributary from its
source in section 35, T. 3 S., R. 1 W. to the confluence with
Big Flat Creek.
``(C) The 2.7-mile segment of North Fork Big Flat Creek
from the source in section 34, T. 3 S., R. 1 W. to the
confluence with Big Flat Creek.
``(263) Big creek.--The following segments to be
administered by the Secretary of the Interior as wild rivers:
``(A) The 2.7-mile segment of Big Creek from its source in
section 26, T. 3 S., R. 1 W. to the Pacific Ocean.
``(B) The 1.9-mile unnamed southern tributary from its
source in section 25, T. 3 S., R. 1 W. to the confluence with
Big Creek.
``(264) Elk creek.--The 11.4-mile segment from its
confluence with Lookout Creek to its confluence with Deep
Hole Creek, to be jointly administered by the Secretaries of
Agriculture and the Interior, as a wild river.
``(265) Eden creek.--The 2.7-mile segment from the private
property boundary in the northwest quarter of section 27, T.
21 N., R. 12 W. to the eastern boundary of section 23, T. 21
N., R. 12 W., to be administered by the Secretary of the
Interior as a wild river.
``(266) Deep hole creek.--The 4.3-mile segment from the
private property boundary in the southwest quarter of section
13, T. 20 N., R. 12 W. to the confluence with Elk Creek, to
be administered by the Secretary of the Interior as a wild
river.
``(267) Indian creek.--The 3.3-mile segment from 300 feet
downstream of the jeep trail in section 13, T. 20 N., R. 13
W. to the confluence with the Eel River, to be administered
by the Secretary of the Interior as a wild river.
``(268) Fish creek.--The 4.2-mile segment from the source
at Buckhorn Spring to the confluence with the Eel River, to
be administered by the Secretary of the Interior as a wild
river.''.
SEC. 235. SANHEDRIN SPECIAL CONSERVATION MANAGEMENT AREA.
(a) Establishment.--Subject to valid existing rights, there
is established the Sanhedrin Special Conservation Management
Area (referred to in this section as the ``conservation
management area''), comprising approximately 12,254 acres of
Federal land administered by the Forest Service in Mendocino
County, California, as generally depicted on the map entitled
``Sanhedrin Conservation Management Area'' and dated May 15,
2020.
(b) Purposes.--The purposes of the conservation management
area are to--
(1) conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the ecological,
scenic, wildlife, recreational, roadless, cultural,
historical, natural, educational, and scientific resources of
the conservation management area;
(2) protect and restore late-successional forest structure,
oak woodlands and grasslands, aquatic habitat, and anadromous
fisheries within the conservation management area;
(3) protect and restore the wilderness character of the
conservation management area; and
(4) allow visitors to enjoy the scenic, natural, cultural,
and wildlife values of the conservation management area.
(c) Management.--
(1) In general.--The Secretary shall manage the
conservation management area--
(A) in a manner consistent with the purposes described in
subsection (b); and
(B) in accordance with--
[[Page H4832]]
(i) the laws (including regulations) generally applicable
to the National Forest System;
(ii) this section; and
(iii) any other applicable law (including regulations).
(2) Uses.--The Secretary shall only allow uses of the
conservation management area that the Secretary determines
would further the purposes described in subsection (b).
(d) Motorized Vehicles.--
(1) In general.--Except as provided in paragraph (3), the
use of motorized vehicles in the conservation management area
shall be permitted only on existing roads, trails, and areas
designated for use by such vehicles as of the date of
enactment of this subtitle.
(2) New or temporary roads.--Except as provided in
paragraph (3), no new or temporary roads shall be constructed
within the conservation management area.
(3) Exception.--Nothing in paragraph (1) or (2) prevents
the Secretary from--
(A) rerouting or closing an existing road or trail to
protect natural resources from degradation, or to protect
public safety, as determined to be appropriate by the
Secretary;
(B) designating routes of travel on lands acquired by the
Secretary and incorporated into the conservation management
area if the designations are--
(i) consistent with the purposes described in subsection
(b); and
(ii) completed, to the maximum extent practicable, within 3
years of the date of acquisition;
(C) constructing a temporary road on which motorized
vehicles are permitted as part of a vegetation management
project carried out in accordance with subsection (e);
(D) authorizing the use of motorized vehicles for
administrative purposes; or
(E) responding to an emergency.
(4) Decommissioning of temporary roads.--
(A) Requirement.--The Secretary shall decommission any
temporary road constructed under paragraph (3)(C) not later
than 3 years after the date on which the applicable
vegetation management project is completed.
(B) Definition.--As used in subparagraph (A), the term
``decommission'' means--
(i) to reestablish vegetation on a road; and
(ii) to restore any natural drainage, watershed function,
or other ecological processes that are disrupted or adversely
impacted by the road by removing or hydrologically
disconnecting the road prism.
(e) Timber Harvest.--
(1) In general.--Except as provided in paragraph (2), no
harvesting of timber shall be allowed within the conservation
management area.
(2) Exceptions.--The Secretary may authorize harvesting of
timber in the conservation management area--
(A) if the Secretary determines that the harvesting is
necessary to further the purposes of the conservation
management area;
(B) in a manner consistent with the purposes described in
subsection (b); and
(C) subject to--
(i) such reasonable regulations, policies, and practices as
the Secretary determines appropriate; and
(ii) all applicable laws (including regulations).
(f) Grazing.--The grazing of livestock in the conservation
management area, where established before the date of
enactment of this subtitle, shall be permitted to continue--
(1) subject to--
(A) such reasonable regulations, policies, and practices as
the Secretary considers necessary; and
(B) applicable law (including regulations); and
(2) in a manner consistent with the purposes described in
subsection (b).
(g) Wildfire, Insect, and Disease Management.--Consistent
with this section, the Secretary may take any measures within
the conservation management area that the Secretary
determines to be necessary to control fire, insects, and
diseases, including the coordination of those activities with
a State or local agency.
(h) Acquisition and Incorporation of Land and Interests in
Land.--
(1) Acquisition authority.--In accordance with applicable
laws (including regulations), the Secretary may acquire any
land or interest in land within or adjacent to the boundaries
of the conservation management area by purchase from willing
sellers, donation, or exchange.
(2) Incorporation.--Any land or interest in land acquired
by the Secretary under paragraph (1) shall be--
(A) incorporated into, and administered as part of, the
conservation management area; and
(B) withdrawn in accordance with subsection (i).
(i) Withdrawal.--Subject to valid existing rights, all
Federal land located in the conservation management area is
withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patenting under the mining laws;
and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
PART 4--MISCELLANEOUS
SEC. 241. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of
enactment of this subtitle, the Secretary shall prepare maps
and legal descriptions of the--
(1) wilderness areas and wilderness additions designated by
section 231;
(2) potential wilderness areas designated by section 233;
(3) South Fork Trinity-Mad River Restoration Area;
(4) Horse Mountain Special Management Area; and
(5) Sanhedrin Special Conservation Management Area.
(b) Submission of Maps and Legal Descriptions.--The
Secretary shall file the maps and legal descriptions prepared
under subsection (a) with--
(1) the Committee on Natural Resources of the House of
Representatives; and
(2) the Committee on Energy and Natural Resources of the
Senate.
(c) Force of Law.--The maps and legal descriptions prepared
under subsection (a) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any clerical and typographical errors in the maps and
legal descriptions.
(d) Public Availability.--The maps and legal descriptions
prepared under subsection (a) shall be on file and available
for public inspection in the appropriate offices of the
Forest Service, Bureau of Land Management, and National Park
Service.
SEC. 242. UPDATES TO LAND AND RESOURCE MANAGEMENT PLANS.
As soon as practicable, in accordance with applicable laws
(including regulations), the Secretary shall incorporate the
designations and studies required by this subtitle into
updated management plans for units covered by this subtitle.
SEC. 243. PACIFIC GAS AND ELECTRIC COMPANY UTILITY FACILITIES
AND RIGHTS-OF-WAY.
(a) Effect of Title.--Nothing in this subtitle--
(1) affects any validly issued right-of-way for the
customary operation, maintenance, upgrade, repair, relocation
within an existing right-of-way, replacement, or other
authorized activity (including the use of any mechanized
vehicle, helicopter, and other aerial device) in a right-of-
way acquired by or issued, granted, or permitted to Pacific
Gas and Electric Company (including any predecessor or
successor in interest or assign) that is located on land
included in the South Fork Trinity--Mad River Restoration
Area, Bigfoot National Recreation Trail, Sanhedrin Special
Conservation Management Area, and Horse Mountain Special
Management Area; or
(2) prohibits the upgrading or replacement of any--
(A) utility facilities of the Pacific Gas and Electric
Company, including those utility facilities known on the date
of enactment of this subtitle within the--
(i) South Fork Trinity--Mad River Restoration Area known
as--
(I) Gas Transmission Line 177A or rights-of-way;
(II) Gas Transmission Line DFM 1312-02 or rights-of-way;
(III) Electric Transmission Line Bridgeville--Cottonwood
115 kV or rights-of-way;
(IV) Electric Transmission Line Humboldt--Trinity 60 kV or
rights-of-way;
(V) Electric Transmission Line Humboldt--Trinity 115 kV or
rights-of-way;
(VI) Electric Transmission Line Maple Creek--Hoopa 60 kV or
rights-of-way;
(VII) Electric Distribution Line--Willow Creek 1101 12 kV
or rights-of-way;
(VIII) Electric Distribution Line--Willow Creek 1103 12 kV
or rights-of-way;
(IX) Electric Distribution Line--Low Gap 1101 12 kV or
rights-of-way;
(X) Electric Distribution Line--Fort Seward 1121 12 kV or
rights-of-way;
(XI) Forest Glen Border District Regulator Station or
rights-of-way;
(XII) Durret District Gas Regulator Station or rights-of-
way;
(XIII) Gas Distribution Line 4269C or rights-of-way;
(XIV) Gas Distribution Line 43991 or rights-of-way;
(XV) Gas Distribution Line 4993D or rights-of-way;
(XVI) Sportsmans Club District Gas Regulator Station or
rights-of-way;
(XVII) Highway 36 and Zenia District Gas Regulator Station
or rights-of-way;
(XVIII) Dinsmore Lodge 2nd Stage Gas Regulator Station or
rights-of-way;
(XIX) Electric Distribution Line--Wildwood 1101 12kV or
rights-of-way;
(XX) Low Gap Substation;
(XXI) Hyampom Switching Station; or
(XXII) Wildwood Substation;
(ii) Bigfoot National Recreation Trail known as--
(I) Gas Transmission Line 177A or rights-of-way;
(II) Electric Transmission Line Humboldt--Trinity 115 kV or
rights-of-way;
(III) Electric Transmission Line Bridgeville--Cottonwood
115 kV or rights-of-way; or
(IV) Electric Transmission Line Humboldt--Trinity 60 kV or
rights-of-way;
(iii) Sanhedrin Special Conservation Management Area known
as, Electric Distribution Line--Willits 1103 12 kV or rights-
of-way; or
(iv) Horse Mountain Special Management Area known as,
Electric Distribution Line Willow Creek 1101 12 kV or rights-
of-way; or
(B) utility facilities of the Pacific Gas and Electric
Company in rights-of-way issued,
[[Page H4833]]
granted, or permitted by the Secretary adjacent to a utility
facility referred to in paragraph (1).
(b) Plans for Access.--Not later than 1 year after the date
of enactment of this subtitle or the issuance of a new
utility facility right-of-way within the South Fork Trinity--
Mad River Restoration Area, Bigfoot National Recreation
Trail, Sanhedrin Special Conservation Management Area, and
Horse Mountain Special Management Area, whichever is later,
the Secretary, in consultation with the Pacific Gas and
Electric Company, shall publish plans for regular and
emergency access by the Pacific Gas and Electric Company to
the rights-of-way of the Pacific Gas and Electric Company.
Subtitle C--Wild Olympics Wilderness and Wild and Scenic Rivers
SEC. 301. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS
AREAS.
(a) In General.--In furtherance of the Wilderness Act (16
U.S.C. 1131 et seq.), the following Federal land in the
Olympic National Forest in the State of Washington comprising
approximately 126,554 acres, as generally depicted on the map
entitled ``Proposed Wild Olympics Wilderness and Wild and
Scenic Rivers Act'' and dated April 8, 2019 (referred to in
this section as the ``map''), is designated as wilderness and
as components of the National Wilderness Preservation System:
(1) Lost creek wilderness.--Certain Federal land managed by
the Forest Service, comprising approximately 7,159 acres, as
generally depicted on the map, which shall be known as the
``Lost Creek Wilderness''.
(2) Rugged ridge wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 5,956 acres,
as generally depicted on the map, which shall be known as the
``Rugged Ridge Wilderness''.
(3) Alckee creek wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 1,787 acres,
as generally depicted on the map, which shall be known as the
``Alckee Creek Wilderness''.
(4) Gates of the elwha wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 5,669
acres, as generally depicted on the map, which shall be known
as the ``Gates of the Elwha Wilderness''.
(5) Buckhorn wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately
21,965 acres, as generally depicted on the map, is
incorporated in, and shall be managed as part of, the
``Buckhorn Wilderness'', as designated by section 3 of the
Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note;
Public Law 98-339).
(6) Green mountain wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 4,790
acres, as generally depicted on the map, which shall be known
as the ``Green Mountain Wilderness''.
(7) The brothers wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 8,625
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``The Brothers
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(8) Mount skokomish wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 8,933
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Mount Skokomish
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(9) Wonder mountain wilderness additions.--Certain land
managed by the Forest Service, comprising approximately
26,517 acres, as generally depicted on the map, is
incorporated in, and shall be managed as part of, the
``Wonder Mountain Wilderness'', as designated by section 3 of
the Washington State Wilderness Act of 1984 (16 U.S.C. 1132
note; Public Law 98-339).
(10) Moonlight dome wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 9,117
acres, as generally depicted on the map, which shall be known
as the ``Moonlight Dome Wilderness''.
(11) South quinault ridge wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately
10,887 acres, as generally depicted on the map, which shall
be known as the ``South Quinault Ridge Wilderness''.
(12) Colonel bob wilderness additions.--Certain Federal
land managed by the Forest Service, comprising approximately
353 acres, as generally depicted on the map, is incorporated
in, and shall be managed as part of, the ``Colonel Bob
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(13) Sam's river wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 13,418 acres,
as generally depicted on the map, which shall be known as the
``Sam's River Wilderness''.
(14) Canoe creek wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 1,378 acres,
as generally depicted on the map, which shall be known as the
``Canoe Creek Wilderness''.
(b) Administration.--
(1) Management.--Subject to valid existing rights, the land
designated as wilderness by subsection (a) shall be
administered by the Secretary of Agriculture (referred to in
this section as the ``Secretary''), in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any
reference in that Act to the effective date of that Act shall
be considered to be a reference to the date of enactment of
this subtitle.
(2) Map and description.--
(A) In general.--As soon as practicable after the date of
enactment of this subtitle, the Secretary shall file a map
and a legal description of the land designated as wilderness
by subsection (a) with--
(i) the Committee on Natural Resources of the House of
Representatives; and
(ii) the Committee on Energy and Natural Resources of the
Senate.
(B) Effect.--Each map and legal description filed under
subparagraph (A) shall have the same force and effect as if
included in this subtitle, except that the Secretary may
correct minor errors in the map and legal description.
(C) Public availability.--Each map and legal description
filed under subparagraph (A) shall be filed and made
available for public inspection in the appropriate office of
the Forest Service.
(c) Potential Wilderness.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land
managed by the Forest Service, comprising approximately 5,346
acres as identified as ``Potential Wilderness'' on the map,
is designated as potential wilderness.
(2) Designation as wilderness.--On the date on which the
Secretary publishes in the Federal Register notice that any
nonconforming uses in the potential wilderness designated by
paragraph (1) have terminated, the potential wilderness shall
be--
(A) designated as wilderness and as a component of the
National Wilderness Preservation System; and
(B) incorporated into the adjacent wilderness area.
(d) Adjacent Management.--
(1) No protective perimeters or buffer zones.--The
designations in this section shall not create a protective
perimeter or buffer zone around any wilderness area.
(2) Nonconforming uses permitted outside of boundaries of
wilderness areas.--Any activity or use outside of the
boundary of any wilderness area designated under this section
shall be permitted even if the activity or use would be seen
or heard within the boundary of the wilderness area.
(e) Fire, Insects, and Diseases.--The Secretary may take
such measures as are necessary to control fire, insects, and
diseases, in the wilderness areas designated by this section,
in accordance with section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)) and subject to such terms and conditions
as the Secretary determines to be appropriate.
SEC. 302. WILD AND SCENIC RIVER DESIGNATIONS.
(a) In General.--Section 3(a) of the National Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at
the end the following:
``(231) Elwha river, washington.--The approximately 29.0-
mile segment of the Elwha River and tributaries from the
source to Cat Creek, to be administered by the Secretary of
the Interior as a wild river.
``(232) Dungeness river, washington.--The segment of the
Dungeness River from the headwaters to the State of
Washington Department of Natural Resources land in T. 29 N.,
R. 4 W., sec. 12, to be administered by the Secretary of
Agriculture, except that portions of the river within the
boundaries of Olympic National Park shall be administered by
the Secretary of the Interior, including the following
segments of the mainstem and major tributary the Gray Wolf
River, in the following classes:
``(A) The approximately 5.8-mile segment of the Dungeness
River from the headwaters to the 2870 Bridge, as a wild
river.
``(B) The approximately 2.1-mile segment of the Dungeness
River from the 2870 Bridge to Silver Creek, as a scenic
river.
``(C) The approximately 2.7-mile segment of the Dungeness
River from Silver Creek to Sleepy Hollow Creek, as a wild
river.
``(D) The approximately 6.3-mile segment of the Dungeness
River from Sleepy Hollow Creek to the Olympic National Forest
boundary, as a scenic river.
``(E) The approximately 1.9-mile segment of the Dungeness
River from the National Forest boundary to the State of
Washington Department of Natural Resources land in T. 29 N.,
R. 4 W., sec. 12, to be administered as a recreational river
through a cooperative management agreement between the State
of Washington and the Secretary of Agriculture as provided in
section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e)).
``(F) The approximately 16.1-mile segment of the Gray Wolf
River from the headwaters to the 2870 Bridge, as a wild
river.
``(G) The approximately 1.1-mile segment of the Gray Wolf
River from the 2870 Bridge to the confluence with the
Dungeness River, as a scenic river.
``(233) Big quilcene river, washington.--The segment of the
Big Quilcene River from the headwaters to the City of Port
Townsend water intake facility, to be administered by the
Secretary of Agriculture, in the following classes:
``(A) The approximately 4.4-mile segment from the
headwaters to the Buckhorn Wilderness boundary, as a wild
river.
``(B) The approximately 5.3-mile segment from the Buckhorn
Wilderness boundary to the City of Port Townsend water intake
facility, as a scenic river.
[[Page H4834]]
``(C) Section 7(a), with respect to the licensing of dams,
water conduits, reservoirs, powerhouses, transmission lines,
or other project works, shall apply to the approximately 5-
mile segment from the City of Port Townsend water intake
facility to the Olympic National Forest boundary.
``(234) Dosewallips river, washington.--The segment of the
Dosewallips River from the headwaters to the private land in
T. 26 N., R. 3 W., sec. 15, to be administered by the
Secretary of Agriculture, except that portions of the river
within the boundaries of Olympic National Park shall be
administered by the Secretary of the Interior, in the
following classes:
``(A) The approximately 12.9-mile segment from the
headwaters to Station Creek, as a wild river.
``(B) The approximately 6.8-mile segment from Station Creek
to the private land in T. 26 N., R. 3 W., sec. 15, as a
scenic river.
``(235) Duckabush river, washington.--The segment of the
Duckabush River from the headwaters to the private land in T.
25 N., R. 3 W., sec. 1, to be administered by the Secretary
of Agriculture, except that portions of the river within the
boundaries of Olympic National Park shall be administered by
the Secretary of the Interior, in the following classes:
``(A) The approximately 19.0-mile segment from the
headwaters to the Brothers Wilderness boundary, as a wild
river.
``(B) The approximately 1.9-mile segment from the Brothers
Wilderness boundary to the private land in T. 25 N., R. 3 W.,
sec. 1, as a scenic river.
``(236) Hamma hamma river, washington.--The segment of the
Hamma Hamma River from the headwaters to the eastern edge of
the NW1/4 sec. 21, T. 24 N., R. 3 W., to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 3.1-mile segment from the
headwaters to the Mt. Skokomish Wilderness boundary, as a
wild river.
``(B) The approximately 5.8-mile segment from the Mt.
Skokomish Wilderness boundary to Lena Creek, as a scenic
river.
``(C) The approximately 6.8-mile segment from Lena Creek to
the eastern edge of the NW1/4 sec. 21, T. 24 N., R. 3 W., to
be administered as a recreational river through a cooperative
management agreement between the State of Washington and the
Secretary of Agriculture as provided in section 10(e) of the
Wild and Scenic Rivers Act (16 U.S.C. 1281(e)).
``(237) South fork skokomish river, washington.--The
segment of the South Fork Skokomish River from the headwaters
to the Olympic National Forest boundary to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 6.7-mile segment from the
headwaters to Church Creek, as a wild river.
``(B) The approximately 8.3-mile segment from Church Creek
to LeBar Creek, as a scenic river.
``(C) The approximately 4.0-mile segment from LeBar Creek
to upper end of gorge in the NW1/4 sec. 22, T. 22 N., R. 5
W., as a recreational river.
``(D) The approximately 6.0-mile segment from the upper end
of the gorge to the Olympic National Forest boundary, as a
scenic river.
``(238) Middle fork satsop river, washington.--The
approximately 7.9-mile segment of the Middle Fork Satsop
River from the headwaters to the Olympic National Forest
boundary, to be administered by the Secretary of Agriculture,
as a scenic river.
``(239) West fork satsop river, washington.--The
approximately 8.2-mile segment of the West Fork Satsop River
from the headwaters to the Olympic National Forest boundary,
to be administered by the Secretary of Agriculture, as a
scenic river.
``(240) Wynoochee river, washington.--The segment of the
Wynoochee River from the headwaters to the head of Wynoochee
Reservoir to be administered by the Secretary of Agriculture,
except that portions of the river within the boundaries of
Olympic National Park shall be administered by the Secretary
of the Interior, in the following classes:
``(A) The approximately 2.5-mile segment from the
headwaters to the boundary of the Wonder Mountain Wilderness,
as a wild river.
``(B) The approximately 7.4-mile segment from the boundary
of the Wonder Mountain Wilderness to the head of Wynoochee
Reservoir, as a recreational river.
``(241) East fork humptulips river, washington.--The
segment of the East Fork Humptulips River from the headwaters
to the Olympic National Forest boundary to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 7.4-mile segment from the
headwaters to the Moonlight Dome Wilderness boundary, as a
wild river.
``(B) The approximately 10.3-mile segment from the
Moonlight Dome Wilderness boundary to the Olympic National
Forest boundary, as a scenic river.
``(242) West fork humptulips river, washington.--The
approximately 21.4-mile segment of the West Fork Humptulips
River from the headwaters to the Olympic National Forest
Boundary, to be administered by the Secretary of Agriculture,
as a scenic river.
``(243) Quinault river, washington.--The segment of the
Quinault River from the headwaters to private land in T. 24
N., R. 8 W., sec. 33, to be administered by the Secretary of
the Interior, in the following classes:
``(A) The approximately 16.5-mile segment from the
headwaters to Graves Creek, as a wild river.
``(B) The approximately 6.7-mile segment from Graves Creek
to Cannings Creek, as a scenic river.
``(C) The approximately 1.0-mile segment from Cannings
Creek to private land in T. 24 N., R. 8 W., sec. 33, as a
recreational river.
``(244) Queets river, washington.--The segment of the
Queets River from the headwaters to the Olympic National Park
boundary to be administered by the Secretary of the Interior,
except that portions of the river outside the boundaries of
Olympic National Park shall be administered by the Secretary
of Agriculture, including the following segments of the
mainstem and certain tributaries in the following classes:
``(A) The approximately 28.6-mile segment of the Queets
River from the headwaters to the confluence with Sams River,
as a wild river.
``(B) The approximately 16.0-mile segment of the Queets
River from the confluence with Sams River to the Olympic
National Park boundary, as a scenic river.
``(C) The approximately 15.7-mile segment of the Sams River
from the headwaters to the confluence with the Queets River,
as a scenic river.
``(D) The approximately 17.7-mile segment of Matheny Creek
from the headwaters to the confluence with the Queets River,
to be administered as a scenic river through a cooperative
management agreement between the State of Washington and the
Secretary of Agriculture as provided in section 10(e) of the
Wild and Scenic Rivers Act (16 U.S.C. 1281(e)).
``(245) Hoh river, washington.--The segment of the Hoh
River and the major tributary South Fork Hoh from the
headwaters to Olympic National Park boundary, to be
administered by the Secretary of the Interior, in the
following classes:
``(A) The approximately 20.7-mile segment of the Hoh River
from the headwaters to Jackson Creek, as a wild river.
``(B) The approximately 6.0-mile segment of the Hoh River
from Jackson Creek to the Olympic National Park boundary, as
a scenic river.
``(C) The approximately 13.8-mile segment of the South Fork
Hoh River from the headwaters to the Olympic National Park
boundary, as a wild river.
``(D) The approximately 4.6-mile segment of the South Fork
Hoh River from the Olympic National Park boundary to the
Washington State Department of Natural Resources boundary in
T. 27 N., R. 10 W., sec. 29, to be administered as a
recreational river through a cooperative management agreement
between the State of Washington and the Secretary of
Agriculture as provided in section 10(e) of the Wild and
Scenic Rivers Act (16 U.S.C. 1281(e)).
``(246) Bogachiel river, washington.--The approximately
25.6-mile segment of the Bogachiel River from the source to
the Olympic National Park boundary, to be administered by the
Secretary of the Interior, as a wild river.
``(247) South fork calawah river, washington.--The segment
of the South Fork Calawah River and the major tributary
Sitkum River from the headwaters to Hyas Creek to be
administered by the Secretary of Agriculture, except those
portions of the river within the boundaries of Olympic
National Park shall be administered by the Secretary of the
Interior, including the following segments in the following
classes:
``(A) The approximately 15.7-mile segment of the South Fork
Calawah River from the headwaters to the Sitkum River, as a
wild river.
``(B) The approximately 0.9-mile segment of the South Fork
Calawah River from the Sitkum River to Hyas Creek, as a
scenic river.
``(C) The approximately 1.6-mile segment of the Sitkum
River from the headwaters to the Rugged Ridge Wilderness
boundary, as a wild river.
``(D) The approximately 11.9-mile segment of the Sitkum
River from the Rugged Ridge Wilderness boundary to the
confluence with the South Fork Calawah, as a scenic river.
``(248) Sol duc river, washington.--The segment of the Sol
Duc River from the headwaters to the Olympic National Park
boundary to be administered by the Secretary of the Interior,
including the following segments of the mainstem and certain
tributaries in the following classes:
``(A) The approximately 7.0-mile segment of the Sol Duc
River from the headwaters to the end of Sol Duc Hot Springs
Road, as a wild river.
``(B) The approximately 10.8-mile segment of the Sol Duc
River from the end of Sol Duc Hot Springs Road to the Olympic
National Park boundary, as a scenic river.
``(C) The approximately 14.2-mile segment of the North Fork
Sol Duc River from the headwaters to the Olympic Hot Springs
Road bridge, as a wild river.
``(D) The approximately 0.2-mile segment of the North Fork
Sol Duc River from the Olympic Hot Springs Road bridge to the
confluence with the Sol Duc River, as a scenic river.
``(E) The approximately 8.0-mile segment of the South Fork
Sol Duc River from the headwaters to the confluence with the
Sol Duc River, as a scenic river.
``(249) Lyre river, washington.--The approximately 0.2-mile
segment of the Lyre River from Lake Crescent to the Olympic
[[Page H4835]]
National Park boundary, to be administered by the Secretary
of the Interior as a scenic river.''.
(b) Effect.--The amendment made by subsection (a) does not
affect valid existing water rights.
(c) Updates to Land and Resource Management Plans.--
(1) In general.--Except as provided in paragraph (2), not
later than 3 years after the date of the enactment of this
subtitle, the Secretary of Agriculture shall, with respect to
the designations made under subsection (a) on lands under the
jurisdiction of the Secretary, incorporate such designations
into updated management plans for units of the National
Forest System in accordance with applicable laws (including
regulations).
(2) Exception.--The date specified in paragraph (1) shall
be 5 years after the date of the enactment of this subtitle
if the Secretary of Agriculture--
(A) is unable to meet the requirement under such paragraph
by the date specified in such paragraph; and
(B) not later than 3 years after the date of the enactment
of this subtitle, includes in the Department of Agriculture
annual budget submission to Congress a request for additional
sums as may be necessary to meet the requirement of such
paragraph.
(3) Comprehensive management plan requirements.--Updated
management plans under paragraph (1) or (2) satisfy the
requirements under section 3(d) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(d)).
SEC. 303. EXISTING RIGHTS AND WITHDRAWAL.
(a) In General.--In accordance with section 12(b) of the
National Wild and Scenic Rivers Act (16 U.S.C. 1283(b)),
nothing in this subtitle or the amendment made by section
302(a) affects or abrogates existing rights, privileges, or
contracts held by private parties, nor does this subtitle in
any way modify or direct the management, acquisition, or
disposition of lands managed by the Washington Department of
Natural Resources on behalf of the State of Washington.
(b) Withdrawal.--Subject to valid existing rights, the
Federal land within the boundaries of the river segments
designated by this subtitle and the amendment made by section
302(a) is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
SEC. 304. TREATY RIGHTS.
Nothing in this subtitle alters, modifies, diminishes, or
extinguishes the reserved treaty rights of any Indian tribe
with hunting, fishing, gathering, and cultural or religious
rights as protected by a treaty.
Subtitle D--Central Coast Heritage Protection
SEC. 401. DEFINITIONS.
In this subtitle:
(1) Scenic areas.--The term ``scenic area'' means a scenic
area designated by section 407(a).
(2) Secretary.--The term ``Secretary'' means--
(A) with respect to land managed by the Bureau of Land
Management, the Secretary of the Interior; and
(B) with respect to land managed by the Forest Service, the
Secretary of Agriculture.
(3) State.--The term ``State'' means the State of
California.
(4) Wilderness area.--The term ``wilderness area'' means a
wilderness area or wilderness addition designated by section
402(a).
SEC. 402. DESIGNATION OF WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Certain land in the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 35,116
acres, as generally depicted on the map entitled ``Proposed
Caliente Mountain Wilderness'' and dated November 13, 2019,
which shall be known as the ``Caliente Mountain Wilderness''.
(2) Certain land in the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 13,332
acres, as generally depicted on the map entitled ``Proposed
Soda Lake Wilderness'' and dated June 25, 2019, which shall
be known as the ``Soda Lake Wilderness''.
(3) Certain land in the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 12,585
acres, as generally depicted on the map entitled ``Proposed
Temblor Range Wilderness'' and dated June 25, 2019, which
shall be known as the ``Temblor Range Wilderness''.
(4) Certain land in the Los Padres National Forest
comprising approximately 23,670 acres, as generally depicted
on the map entitled ``Chumash Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the Chumash
Wilderness as designated by the Los Padres Condor Range and
River Protection Act (Public Law 102-301; 106 Stat. 242).
(5) Certain land in the Los Padres National Forest
comprising approximately 54,036 acres, as generally depicted
on the maps entitled ``Dick Smith Wilderness Area Additions--
Proposed Map 1 of 2 (Bear Canyon and Cuyama Peak Units)'' and
``Dick Smith Wilderness Area Additions--Proposed Map 2 of 2
(Buckhorn and Mono Units)'' and dated November 14, 2019,
which shall be incorporated into and managed as part of the
Dick Smith Wilderness as designated by the California
Wilderness Act of 1984 (Public Law 98-425; 16 U.S.C. 1132
note).
(6) Certain land in the Los Padres National Forest and the
Bakersfield Field Office of the Bureau of Land Management
comprising approximately 7,289 acres, as generally depicted
on the map entitled ``Garcia Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the Garcia
Wilderness as designated by the Los Padres Condor Range and
River Protection Act (Public Law 102-301; 106 Stat. 242).
(7) Certain land in the Los Padres National Forest and the
Bakersfield Field Office of the Bureau of Land Management
comprising approximately 8,774 acres, as generally depicted
on the map entitled ``Machesna Mountain Wilderness--Proposed
Additions'' and dated October 30, 2019, which shall be
incorporated into and managed as part of the Machesna
Mountain Wilderness as designated by the California
Wilderness Act of 1984 (Public Law 98-425; 16 U.S.C. 1132
note).
(8) Certain land in the Los Padres National Forest
comprising approximately 30,184 acres, as generally depicted
on the map entitled ``Matilija Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the Matilija
Wilderness as designated by the Los Padres Condor Range and
River Protection Act (Public Law 102-301; 106 Stat. 242).
(9) Certain land in the Los Padres National Forest
comprising approximately 23,969 acres, as generally depicted
on the map entitled ``San Rafael Wilderness Area Additions--
Proposed'' and dated February 2, 2021, which shall be
incorporated into and managed as part of the San Rafael
Wilderness as designated by Public Law 90-271 (82 Stat. 51),
the California Wilderness Act of 1984 (Public Law 98-425; 16
U.S.C. 1132 note), and the Los Padres Condor Range and River
Protection Act (Public Law 102-301; 106 Stat. 242).
(10) Certain land in the Los Padres National Forest
comprising approximately 2,921 acres, as generally depicted
on the map entitled ``Santa Lucia Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the Santa Lucia
Wilderness as designated by the Endangered American
Wilderness Act of 1978 (Public Law 95-237; 16 U.S.C. 1132
note).
(11) Certain land in the Los Padres National Forest
comprising approximately 14,313 acres, as generally depicted
on the map entitled ``Sespe Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the Sespe Wilderness
as designated by the Los Padres Condor Range and River
Protection Act (Public Law 102-301; 106 Stat. 242).
(12) Certain land in the Los Padres National Forest
comprising approximately 17,870 acres, as generally depicted
on the map entitled ``Diablo Caliente Wilderness Area--
Proposed'' and dated March 29, 2019, which shall be known as
the ``Diablo Caliente Wilderness''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this subtitle, the Secretary shall file maps and
legal descriptions of the wilderness areas with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any clerical and typographical errors in the maps and
legal descriptions.
(3) Public availability.--The maps and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and Bureau of Land Management.
SEC. 403. DESIGNATION OF THE MACHESNA MOUNTAIN POTENTIAL
WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the
Los Padres National Forest comprising approximately 2,359
acres, as generally depicted on the map entitled ``Machesna
Mountain Potential Wilderness'' and dated March 29, 2019, is
designated as the Machesna Mountain Potential Wilderness
Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this subtitle, the Secretary shall file a map
and legal description of the Machesna Mountain Potential
Wilderness Area (referred to in this section as the
``potential wilderness area'') with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any clerical and typographical errors in the map and
legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1)
[[Page H4836]]
shall be on file and available for public inspection in the
appropriate offices of the Forest Service.
(c) Management.--Except as provided in subsection (d) and
subject to valid existing rights, the Secretary shall manage
the potential wilderness area in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.).
(d) Trail Use, Construction, Reconstruction, and
Realignment.--
(1) In general.--In accordance with paragraph (2), the
Secretary may reconstruct, realign, or reroute the Pine
Mountain Trail.
(2) Requirement.--In carrying out the reconstruction,
realignment, or rerouting under paragraph (1), the Secretary
shall--
(A) comply with all existing laws (including regulations);
and
(B) to the maximum extent practicable, use the minimum tool
or administrative practice necessary to accomplish the
reconstruction, realignment, or rerouting with the least
amount of adverse impact on wilderness character and
resources.
(3) Motorized vehicles and machinery.--In accordance with
paragraph (2), the Secretary may use motorized vehicles and
machinery to carry out the trail reconstruction, realignment,
or rerouting authorized by this subsection.
(4) Motorized and mechanized vehicles.--The Secretary may
permit the use of motorized and mechanized vehicles on the
existing Pine Mountain Trail in accordance with existing law
(including regulations) and this subsection until such date
as the potential wilderness area is designated as wilderness
in accordance with subsection (h).
(e) Withdrawal.--Subject to valid existing rights, the
Federal land in the potential wilderness area is withdrawn
from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(f) Cooperative Agreements.--In carrying out this section,
the Secretary may enter into cooperative agreements with
State, Tribal, and local governmental entities and private
entities to complete the trail reconstruction, realignment,
or rerouting authorized by subsection (d).
(g) Boundaries.--The Secretary shall modify the boundary of
the potential wilderness area to exclude any area within 150
feet of the centerline of the new location of any trail that
has been reconstructed, realigned, or rerouted under
subsection (d).
(h) Wilderness Designation.--
(1) In general.--The potential wilderness area, as modified
under subsection (g), shall be designated as wilderness and
as a component of the National Wilderness Preservation System
on the earlier of--
(A) the date on which the Secretary publishes in the
Federal Register notice that the trail reconstruction,
realignment, or rerouting authorized by subsection (d) has
been completed; or
(B) the date that is 20 years after the date of enactment
of this subtitle.
(2) Administration of wilderness.--On designation as
wilderness under this section, the potential wilderness area
shall be--
(A) incorporated into the Machesna Mountain Wilderness
Area, as designated by the California Wilderness Act of 1984
(Public Law 98-425; 16 U.S.C. 1132 note) and expanded by
section 402; and
(B) administered in accordance with section 404 and the
Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 404. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, the
wilderness areas shall be administered by the Secretary in
accordance with this subtitle and the Wilderness Act (16
U.S.C. 1131 et seq.), except that--
(1) any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the effective date of that Act shall be considered
to be a reference to the date of enactment of this subtitle;
and
(2) any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the Secretary of Agriculture shall be considered to
be a reference to the Secretary that has jurisdiction over
the wilderness area.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take any measures in a
wilderness area as are necessary for the control of fire,
insects, and diseases in accordance with section 4(d)(1) of
the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report
98-40 of the 98th Congress.
(2) Funding priorities.--Nothing in this subtitle limits
funding for fire and fuels management in the wilderness
areas.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of enactment of
this subtitle, the Secretary shall amend the local
information in the Fire Management Reference System or
individual operational plans that apply to the land
designated as a wilderness area.
(4) Administration.--Consistent with paragraph (1) and
other applicable Federal law, to ensure a timely and
efficient response to fire emergencies in the wilderness
areas, the Secretary shall enter into agreements with
appropriate State or local firefighting agencies.
(c) Grazing.--The grazing of livestock in the wilderness
areas, if established before the date of enactment of this
subtitle, shall be permitted to continue, subject to any
reasonable regulations as the Secretary considers necessary
in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4));
(2) the guidelines set forth in Appendix A of House Report
101-405, accompanying H.R. 2570 of the 101st Congress for
land under the jurisdiction of the Secretary of the Interior;
(3) the guidelines set forth in House Report 96-617,
accompanying H.R. 5487 of the 96th Congress for land under
the jurisdiction of the Secretary of Agriculture; and
(4) all other laws governing livestock grazing on Federal
public land.
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
subtitle affects the jurisdiction or responsibilities of the
State with respect to fish and wildlife on public land in the
State.
(2) Management activities.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et
seq.), the Secretary may conduct any management activities
that are necessary to maintain or restore fish and wildlife
populations and habitats in the wilderness areas, if the
management activities are--
(A) consistent with relevant wilderness management plans;
(B) conducted in accordance with appropriate policies, such
as the policies established in Appendix B of House Report
101-405; and
(C) in accordance with memoranda of understanding between
the Federal agencies and the State Department of Fish and
Wildlife.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for the
designation of wilderness areas by this subtitle to lead to
the creation of protective perimeters or buffer zones around
each wilderness area.
(2) Activities or uses up to boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from
within a wilderness area shall not, of itself, preclude the
activities or uses up to the boundary of the wilderness area.
(f) Military Activities.--Nothing in this subtitle
precludes--
(1) low-level overflights of military aircraft over the
wilderness areas;
(2) the designation of new units of special airspace over
the wilderness areas; or
(3) the use or establishment of military flight training
routes over wilderness areas.
(g) Horses.--Nothing in this subtitle precludes horseback
riding in, or the entry of recreational saddle or pack stock
into, a wilderness area--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(h) Withdrawal.--Subject to valid existing rights, the
wilderness areas are withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(i) Incorporation of Acquired Land and Interests.--Any land
within the boundary of a wilderness area that is acquired by
the United States shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with--
(A) this section;
(B) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(C) any other applicable law.
(j) Treatment of Existing Water Diversions in the San
Rafael Wilderness Additions.--
(1) Authorization for continued use.--The Secretary of
Agriculture may issue a special use authorization to the
owners of the 2 existing water transport or diversion
facilities, including administrative access roads (in this
subsection referred to as a ``facility''), located on
National Forest System land in the San Rafael Wilderness
Additions in the Moon Canyon unit (T. 11 N., R. 30 W., secs.
13 and 14) and the Peak Mountain unit (T. 10 N., R. 28 W.,
secs. 23 and 26) for the continued operation, maintenance,
and reconstruction of the facility if the Secretary
determines that--
(A) the facility was in existence on the date on which the
land on which the facility is located was designated as part
of the National Wilderness Preservation System (in this
subsection referred to as ``the date of designation'');
(B) the facility has been in substantially continuous use
to deliver water for the beneficial use on the non-Federal
land of the owner since the date of designation;
(C) the owner of the facility holds a valid water right for
use of the water on the non-Federal land of the owner under
State law, with a priority date that predates the date of
designation; and
(D) it is not practicable or feasible to relocate the
facility to land outside of the wilderness and continue the
beneficial use of water on the non-Federal land recognized
under State law.
(2) Terms and conditions.--
(A) Required terms and conditions.--In a special use
authorization issued under paragraph (1), the Secretary may--
(i) allow use of motorized equipment and mechanized
transport for operation, maintenance, or reconstruction of a
facility, if the Secretary determines that--
[[Page H4837]]
(I) the use is the minimum necessary to allow the facility
to continue delivery of water to the non-Federal land for the
beneficial uses recognized by the water right held under
State law; and
(II) the use of nonmotorized equipment and nonmechanized
transport is impracticable or infeasible; and
(ii) preclude use of the facility for the diversion or
transport of water in excess of the water right recognized by
the State on the date of designation.
(B) Discretionary terms and conditions.--In a special use
authorization issued under paragraph (1), the Secretary may
require or allow modification or relocation of the facility
in the wilderness, as the Secretary determines necessary, to
reduce impacts to wilderness values set forth in section 2 of
the Wilderness Act (16 U.S.C. 1131) if the beneficial use of
water on the non-Federal land is not diminished.
(k) Treatment of Existing Electrical Distribution Line in
the San Rafael Wilderness Additions.--
(1) Authorization for continued use.--The Secretary of
Agriculture may issue a special use authorization to the
owners of the existing electrical distribution line to the
Plowshare Peak communication site (in this subsection
referred to as a ``facility'') located on National Forest
System land in the San Rafael Wilderness Additions in the
Moon Canyon unit (T. 11 N., R. 30 W., secs. 2, 3 and 4) for
the continued operation, maintenance, and reconstruction of
the facility if the Secretary determines that--
(A) the facility was in existence on the date on which the
land on which the facility is located was designated as part
of the National Wilderness Preservation System (in this
subsection referred to as ``the date of designation'');
(B) the facility has been in substantially continuous use
to deliver electricity to the communication site; and
(C) it is not practicable or feasible to relocate the
distribution line to land outside of the wilderness.
(2) Terms and conditions.--
(A) Required terms and conditions.--In a special use
authorization issued under paragraph (1), the Secretary may
allow use of motorized equipment and mechanized transport for
operation, maintenance, or reconstruction of the electrical
distribution line, if the Secretary determines that the use
of nonmotorized equipment and nonmechanized transport is
impracticable or infeasible.
(B) Discretionary terms and conditions.--In a special use
authorization issued under paragraph (1), the Secretary may
require or allow modification or relocation of the facility
in the wilderness, as the Secretary determines necessary, to
reduce impacts to wilderness values set forth in section 2 of
the Wilderness Act (16 U.S.C. 1131).
(l) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to terms
and conditions as the Secretary may prescribe, the Secretary
may authorize the installation and maintenance of hydrologic,
meteorologic, or climatological collection devices in the
wilderness areas if the Secretary determines that the
facilities and access to the facilities are essential to
flood warning, flood control, or water reservoir operation
activities.
SEC. 405. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Indian Creek, Mono Creek, and Matilija Creek,
California.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended by adding at the end the
following:
``(231) Indian creek, california.--The following segments
of Indian Creek in the State of California, to be
administered by the Secretary of Agriculture:
``(A) The 9.5-mile segment of Indian Creek from its source
in sec. 19, T. 7 N., R. 26 W., to the Dick Smith Wilderness
boundary, as a wild river.
``(B) The 1-mile segment of Indian Creek from the Dick
Smith Wilderness boundary to 0.25 miles downstream of Road
6N24, as a scenic river.
``(C) The 3.9-mile segment of Indian Creek from 0.25 miles
downstream of Road 6N24 to the southern boundary of sec. 32,
T. 6 N., R. 26 W., as a wild river.
``(232) Mono creek, california.--The following segments of
Mono Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 4.2-mile segment of Mono Creek from its source in
sec. 1, T. 7 N., R. 26 W., to 0.25 miles upstream of Don
Victor Fire Road in sec. 28, T. 7 N., R. 25 W., as a wild
river.
``(B) The 2.1-mile segment of Mono Creek from 0.25 miles
upstream of the Don Victor Fire Road in sec. 28, T. 7 N., R.
25 W., to 0.25 miles downstream of Don Victor Fire Road in
sec. 34, T. 7 N., R. 25 W., as a recreational river.
``(C) The 14.7-mile segment of Mono Creek from 0.25 miles
downstream of Don Victor Fire Road in sec. 34, T. 7 N., R. 25
W., to the Ogilvy Ranch private property boundary in sec. 22,
T. 6 N., R. 26 W., as a wild river.
``(D) The 3.5-mile segment of Mono Creek from the Ogilvy
Ranch private property boundary to the southern boundary of
sec. 33, T. 6 N., R. 26 W., as a recreational river.
``(233) Matilija creek, california.--The following segments
of Matilija Creek in the State of California, to be
administered by the Secretary of Agriculture:
``(A) The 7.2-mile segment of the Matilija Creek from its
source in sec. 25, T. 6 N., R. 25 W., to the private property
boundary in sec. 9, T. 5 N., R. 24 W., as a wild river.
``(B) The 7.25-mile segment of the Upper North Fork
Matilija Creek from its source in sec. 36, T. 6 N., R. 24 W.,
to the Matilija Wilderness boundary, as a wild river.''.
(b) Sespe Creek, California.--Section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking
paragraph (142) and inserting the following:
``(142) Sespe creek, california.--The following segments of
Sespe Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 2.7-mile segment of Sespe Creek from the private
property boundary in sec. 10, T. 6 N., R. 24 W., to the
Hartman Ranch private property boundary in sec. 14, T. 6 N.,
R. 24 W., as a wild river.
``(B) The 15-mile segment of Sespe Creek from the Hartman
Ranch private property boundary in sec. 14, T. 6 N., R. 24
W., to the western boundary of sec. 6, T. 5 N., R. 22 W., as
a recreational river.
``(C) The 6.1-mile segment of Sespe Creek from the western
boundary of sec. 6, T. 5 N., R. 22 W., to the confluence with
Trout Creek, as a scenic river.
``(D) The 28.6-mile segment of Sespe Creek from the
confluence with Trout Creek to the southern boundary of sec.
35, T. 5 N., R. 20 W., as a wild river.''.
(c) Sisquoc River, California.--Section 3(a) of the Wild
and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by
striking paragraph (143) and inserting the following:
``(143) Sisquoc river, california.--The following segments
of the Sisquoc River and its tributaries in the State of
California, to be administered by the Secretary of
Agriculture:
``(A) The 33-mile segment of the main stem of the Sisquoc
River extending from its origin downstream to the Los Padres
Forest boundary, as a wild river.
``(B) The 4.2-mile segment of the South Fork Sisquoc River
from its source northeast of San Rafael Mountain in sec. 2,
T. 7 N., R. 28 W., to its confluence with the Sisquoc River,
as a wild river.
``(C) The 10.4-mile segment of Manzana Creek from its
source west of San Rafael Peak in sec. 4, T. 7 N., R. 28 W.,
to the San Rafael Wilderness boundary upstream of Nira
Campground, as a wild river.
``(D) The 0.6-mile segment of Manzana Creek from the San
Rafael Wilderness boundary upstream of the Nira Campground to
the San Rafael Wilderness boundary downstream of the
confluence of Davy Brown Creek, as a recreational river.
``(E) The 5.8-mile segment of Manzana Creek from the San
Rafael Wilderness boundary downstream of the confluence of
Davy Brown Creek to the private property boundary in sec. 1,
T. 8 N., R. 30 W., as a wild river.
``(F) The 3.8-mile segment of Manzana Creek from the
private property boundary in sec. 1, T. 8 N., R. 30 W., to
the confluence of the Sisquoc River, as a recreational river.
``(G) The 3.4-mile segment of Davy Brown Creek from its
source west of Ranger Peak in sec. 32, T. 8 N., R. 29 W., to
300 feet upstream of its confluence with Munch Canyon, as a
wild river.
``(H) The 1.4-mile segment of Davy Brown Creek from 300
feet upstream of its confluence with Munch Canyon to its
confluence with Manzana Creek, as a recreational river.
``(I) The 2-mile segment of Munch Canyon from its source
north of Ranger Peak in sec. 33, T. 8 N., R. 29 W., to 300
feet upstream of its confluence with Sunset Valley Creek, as
a wild river.
``(J) The 0.5-mile segment of Munch Canyon from 300 feet
upstream of its confluence with Sunset Valley Creek to its
confluence with Davy Brown Creek, as a recreational river.
``(K) The 2.6-mile segment of Fish Creek from 500 feet
downstream of Sunset Valley Road to its confluence with
Manzana Creek, as a wild river.
``(L) The 1.5-mile segment of East Fork Fish Creek from its
source in sec. 26, T. 8 N., R. 29 W., to its confluence with
Fish Creek, as a wild river.''.
(d) Piru Creek, California.--Section 3(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking
paragraph (199) and inserting the following:
``(199) Piru creek, california.--The following segments of
Piru Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 9.1-mile segment of Piru Creek from its source in
sec. 3, T. 6 N., R. 22 W., to the private property boundary
in sec. 4, T. 6 N., R. 21 W., as a wild river.
``(B) The 17.2-mile segment of Piru Creek from the private
property boundary in sec. 4, T. 6 N., R. 21 W., to 0.25 miles
downstream of the Gold Hill Road, as a scenic river.
``(C) The 4.1-mile segment of Piru Creek from 0.25 miles
downstream of Gold Hill Road to the confluence with Trail
Canyon, as a wild river.
``(D) The 7.25-mile segment of Piru Creek from the
confluence with Trail Canyon to the confluence with Buck
Creek, as a scenic river.
``(E) The 3-mile segment of Piru Creek from 0.5 miles
downstream of Pyramid Dam at the first bridge crossing to the
boundary of the Sespe Wilderness, as a recreational river.
``(F) The 13-mile segment of Piru Creek from the boundary
of the Sespe Wilderness to the boundary of the Sespe
Wilderness, as a wild river.
``(G) The 2.2-mile segment of Piru Creek from the boundary
of the Sespe Wilderness
[[Page H4838]]
to the upper limit of Piru Reservoir, as a recreational
river.''.
(e) Effect.--The designation of additional miles of Piru
Creek under subsection (d) shall not affect valid water
rights in existence on the date of enactment of this
subtitle.
(f) Motorized Use of Trails.--Nothing in this section
(including the amendments made by this section) affects the
motorized use of trails designated by the Forest Service for
motorized use that are located adjacent to and crossing upper
Piru Creek, if the use is consistent with the protection and
enhancement of river values under the Wild and Scenic Rivers
Act (16 U.S.C. 1271 et seq.).
SEC. 406. DESIGNATION OF THE FOX MOUNTAIN POTENTIAL
WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the
Los Padres National Forest comprising approximately 41,082
acres, as generally depicted on the map entitled ``Fox
Mountain Potential Wilderness Area'' and dated November 14,
2019, is designated as the Fox Mountain Potential Wilderness
Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this subtitle, the Secretary of Agriculture
shall file a map and a legal description of the Fox Mountain
Potential Wilderness Area (referred to in this section as the
``potential wilderness area'') with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary of
Agriculture may correct any clerical and typographical errors
in the map and legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(c) Management.--Except as provided in subsection (d) and
subject to valid existing rights, the Secretary shall manage
the potential wilderness area in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.).
(d) Trail Use Construction, Reconstruction, and
Realignment.--
(1) In general.--In accordance with paragraph (2), the
Secretary of Agriculture may--
(A) construct a new trail for use by hikers, equestrians,
and mechanized vehicles that connects the Aliso Park
Campground to the Bull Ridge Trail; and
(B) reconstruct or realign--
(i) the Bull Ridge Trail; and
(ii) the Rocky Ridge Trail.
(2) Requirement.--In carrying out the construction,
reconstruction, or alignment under paragraph (1), the
Secretary shall--
(A) comply with all existing laws (including regulations);
and
(B) to the maximum extent practicable, use the minimum tool
or administrative practice necessary to accomplish the
construction, reconstruction, or alignment with the least
amount of adverse impact on wilderness character and
resources.
(3) Motorized vehicles and machinery.--In accordance with
paragraph (2), the Secretary may use motorized vehicles and
machinery to carry out the trail construction,
reconstruction, or realignment authorized by this subsection.
(4) Mechanized vehicles.--The Secretary may permit the use
of mechanized vehicles on the existing Bull Ridge Trail and
Rocky Ridge Trail in accordance with existing law (including
regulations) and this subsection until such date as the
potential wilderness area is designated as wilderness in
accordance with subsection (h).
(e) Withdrawal.--Subject to valid existing rights, the
Federal land in the potential wilderness area is withdrawn
from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(f) Cooperative Agreements.--In carrying out this section,
the Secretary may enter into cooperative agreements with
State, Tribal, and local governmental entities and private
entities to complete the trail construction, reconstruction,
and realignment authorized by subsection (d).
(g) Boundaries.--The Secretary shall modify the boundary of
the potential wilderness area to exclude any area within 50
feet of the centerline of the new location of any trail that
has been constructed, reconstructed, or realigned under
subsection (d).
(h) Wilderness Designation.--
(1) In general.--The potential wilderness area, as modified
under subsection (g), shall be designated as wilderness and
as a component of the National Wilderness Preservation System
on the earlier of--
(A) the date on which the Secretary publishes in the
Federal Register notice that the trail construction,
reconstruction, or alignment authorized by subsection (d) has
been completed; or
(B) the date that is 20 years after the date of enactment
of this subtitle.
(2) Administration of wilderness.--On designation as
wilderness under this section, the potential wilderness area
shall be--
(A) incorporated into the San Rafael Wilderness, as
designated by Public Law 90-271 (82 Stat. 51), the California
Wilderness Act of 1984 (Public Law 98-425; 16 U.S.C. 1132
note), and the Los Padres Condor Range and River Protection
Act (Public Law 102-301; 106 Stat. 242), and section 402; and
(B) administered in accordance with section 404 and the
Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 407. DESIGNATION OF SCENIC AREAS.
(a) In General.--Subject to valid existing rights, there
are established the following scenic areas:
(1) Condor ridge scenic area.--Certain land in the Los
Padres National Forest comprising approximately 18,666 acres,
as generally depicted on the map entitled ``Condor Ridge
Scenic Area--Proposed'' and dated March 29, 2019, which shall
be known as the ``Condor Ridge Scenic Area''.
(2) Black mountain scenic area.--Certain land in the Los
Padres National Forest and the Bakersfield Field Office of
the Bureau of Land Management comprising approximately 16,216
acres, as generally depicted on the map entitled ``Black
Mountain Scenic Area--Proposed'' and dated March 29, 2019,
which shall be known as the ``Black Mountain Scenic Area''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this subtitle, the Secretary of Agriculture
shall file a map and legal description of the Condor Ridge
Scenic Area and Black Mountain Scenic Area with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary of
Agriculture may correct any clerical and typographical errors
in the maps and legal descriptions.
(3) Public availability.--The maps and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and Bureau of Land Management.
(c) Purpose.--The purpose of the scenic areas is to
conserve, protect, and enhance for the benefit and enjoyment
of present and future generations the ecological, scenic,
wildlife, recreational, cultural, historical, natural,
educational, and scientific resources of the scenic areas.
(d) Management.--
(1) In general.--The Secretary shall administer the scenic
areas--
(A) in a manner that conserves, protects, and enhances the
resources of the scenic areas, and in particular the scenic
character attributes of the scenic areas; and
(B) in accordance with--
(i) this section;
(ii) the Federal Land Policy and Management Act (43 U.S.C.
1701 et seq.) for land under the jurisdiction of the
Secretary of the Interior;
(iii) any laws (including regulations) relating to the
National Forest System, for land under the jurisdiction of
the Secretary of Agriculture; and
(iv) any other applicable law (including regulations).
(2) Uses.--The Secretary shall only allow those uses of the
scenic areas that the Secretary determines would further the
purposes described in subsection (c).
(e) Withdrawal.--Subject to valid existing rights, the
Federal land in the scenic areas is withdrawn from all forms
of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(f) Prohibited Uses.--The following shall be prohibited on
the Federal land within the scenic areas:
(1) Permanent roads.
(2) Permanent structures.
(3) Timber harvesting except when necessary for the
purposes described in subsection (g).
(4) Transmission lines.
(5) Except as necessary to meet the minimum requirements
for the administration of the scenic areas and to protect
public health and safety--
(A) the use of motorized vehicles; or
(B) the establishment of temporary roads.
(6) Commercial enterprises, except as necessary for
realizing the purposes of the scenic areas.
(g) Wildfire, Insect, and Disease Management.--Consistent
with this section, the Secretary may take any measures in the
scenic areas that the Secretary determines to be necessary to
control fire, insects, and diseases, including, as the
Secretary determines to be appropriate, the coordination of
those activities with the State or a local agency.
(h) Adjacent Management.--The fact that an otherwise
authorized activity or use can be seen or heard within a
scenic area shall not preclude the activity or use outside
the boundary of the scenic area.
SEC. 408. CONDOR NATIONAL SCENIC TRAIL.
(a) In General.--The contiguous trail established pursuant
to this section shall be known as the ``Condor National
Scenic Trail'' named after the California condor, a
[[Page H4839]]
critically endangered bird species that lives along the
extent of the trail corridor.
(b) Purpose.--The purposes of the Condor National Scenic
Trail are to--
(1) provide a continual extended hiking corridor that
connects the southern and northern portions of the Los Padres
National Forest, spanning the entire length of the forest
along the coastal mountains of southern and central
California; and
(2) provide for the public enjoyment of the nationally
significant scenic, historic, natural, and cultural qualities
of the Los Padres National Forest.
(c) Amendment.--Section 5(a) of the National Trails System
Act (16 U.S.C. 1244(a)) is amended by adding at the end the
following:
``(31) Condor national scenic trail.--
``(A) In general.--The Condor National Scenic Trail, a
trail extending approximately 400 miles from Lake Piru in the
southern portion of the Los Padres National Forest to the
Bottchers Gap Campground in northern portion of the Los
Padres National Forest.
``(B) Administration.--The trail shall be administered by
the Secretary of Agriculture, in consultation with--
``(i) other Federal, State, Tribal, regional, and local
agencies;
``(ii) private landowners; and
``(iii) other interested organizations.
``(C) Recreational uses.--Notwithstanding section 7(c), the
use of motorized vehicles on roads or trails included in the
Condor National Scenic Trail on which motorized vehicles are
permitted as of the date of enactment of this paragraph may
be permitted.
``(D) Private property rights.--
``(i) Prohibition.--The Secretary shall not acquire for the
trail any land or interest in land outside the exterior
boundary of any federally managed area without the consent of
the owner of land or interest in land.
``(ii) Effect.--Nothing in this paragraph--
``(I) requires any private property owner to allow public
access (including Federal, State, or local government access)
to private property; or
``(II) modifies any provision of Federal, State, or local
law with respect to public access to or use of private land.
``(E) Realignment.--The Secretary of Agriculture may
realign segments of the Condor National Scenic Trail as
necessary to fulfill the purposes of the trail.
``(F) Map.--The map referred to in subparagraph (A) shall
be on file and available for public inspection in the
appropriate offices of the Forest Service.''.
(d) Study.--
(1) Study required.--Not later than 3 years after the date
of enactment of this subtitle, in accordance with this
section, the Secretary of Agriculture shall conduct a study
that--
(A) addresses the feasibility of, and alternatives for,
connecting the northern and southern portions of the Los
Padres National Forest by establishing a trail across the
applicable portions of the northern and southern Santa Lucia
Mountains of the southern California Coastal Range; and
(B) considers realignment of the trail or construction of
new trail segments to avoid existing trail segments that
currently allow motorized vehicles.
(2) Contents.--In carrying out the study required by
paragraph (1), the Secretary of Agriculture shall--
(A) conform to the requirements for national scenic trail
studies described in section 5(b) of the National Trails
System Act (16 U.S.C. 1244(b));
(B) provide for a continual hiking route through and
connecting the southern and northern sections of the Los
Padres National Forest;
(C) promote recreational, scenic, wilderness and cultural
values;
(D) enhance connectivity with the overall National Forest
trail system;
(E) consider new connectors and realignment of existing
trails;
(F) emphasize safe and continuous public access, dispersal
from high-use areas, and suitable water sources; and
(G) to the extent practicable, provide all-year use.
(3) Additional requirement.--In completing the study
required by paragraph (1), the Secretary of Agriculture shall
consult with--
(A) appropriate Federal, State, Tribal, regional, and local
agencies;
(B) private landowners;
(C) nongovernmental organizations; and
(D) members of the public.
(4) Submission.--The Secretary of Agriculture shall submit
the study required by paragraph (1) to--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(5) Additions and alterations to the condor national scenic
trail.--
(A) In general.--Upon completion of the study required by
paragraph (1), if the Secretary of Agriculture determines
that additional or alternative trail segments are feasible
for inclusion in the Condor National Scenic Trail, the
Secretary of Agriculture shall include those segments in the
Condor National Scenic Trail.
(B) Effective date.--Additions or alternations to the
Condor National Scenic Trail shall be effective on the date
the Secretary of Agriculture publishes in the Federal
Register notice that the additional or alternative segments
are included in the Condor National Scenic Trail.
(e) Cooperative Agreements.--In carrying out this section
(including the amendments made by this section), the
Secretary of Agriculture may enter into cooperative
agreements with State, Tribal, and local government entities
and private entities to complete needed trail construction,
reconstruction, and realignment projects authorized by this
section (including the amendments made by this section).
SEC. 409. FOREST SERVICE STUDY.
Not later than 6 years after the date of enactment of this
subtitle, the Secretary of Agriculture (acting through the
Chief of the Forest Service) shall study the feasibility of
opening a new trail, for vehicles measuring 50 inches or
less, connecting Forest Service Highway 95 to the existing
off-highway vehicle trail system in the Ballinger Canyon off-
highway vehicle area.
SEC. 410. NONMOTORIZED RECREATION OPPORTUNITIES.
Not later than 6 years after the date of enactment of this
subtitle, the Secretary of Agriculture, in consultation with
interested parties, shall conduct a study to improve
nonmotorized recreation trail opportunities (including
mountain bicycling) on land not designated as wilderness
within the Santa Barbara, Ojai, and Mt. Pinos ranger
districts.
SEC. 411. USE BY MEMBERS OF TRIBES.
(a) Access.--The Secretary shall ensure that Tribes have
access, in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.), to the wilderness areas, scenic areas, and
potential wilderness areas designated by this subtitle for
traditional cultural and religious purposes.
(b) Temporary Closures.--
(1) In general.--In carrying out this section, the
Secretary, on request of a Tribe, may temporarily close to
the general public one or more specific portions of a
wilderness area, scenic area, or potential wilderness area
designated by this subtitle to protect the privacy of the
members of the Tribe in the conduct of traditional cultural
and religious activities.
(2) Requirement.--Any closure under paragraph (1) shall
be--
(A) made in such a manner as to affect the smallest
practicable area for the minimum period of time necessary for
the activity to be carried out; and
(B) be consistent with the purpose and intent of Public Law
95-341 (commonly known as the American Indian Religious
Freedom Act) (42 U.S.C. 1996) and the Wilderness Act (16
U.S.C. 1131 et seq.).
Subtitle E--San Gabriel Mountains Foothills and Rivers Protection
SEC. 501. DEFINITION OF STATE.
In this subtitle, the term ``State'' means the State of
California.
PART 1--SAN GABRIEL NATIONAL RECREATION AREA
SEC. 511. PURPOSES.
The purposes of this part are--
(1) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the ecological,
scenic, wildlife, recreational, cultural, historical,
natural, educational, and scientific resources of the
Recreation Area;
(2) to provide environmentally responsible, well-managed
recreational opportunities within the Recreation Area;
(3) to improve access to and from the Recreation Area;
(4) to provide expanded educational and interpretive
services to increase public understanding of, and
appreciation for, the natural and cultural resources of the
Recreation Area;
(5) to facilitate the cooperative management of the land
and resources within the Recreation Area, in collaboration
with the State and political subdivisions of the State,
historical, business, cultural, civic, recreational, tourism
and other nongovernmental organizations, and the public; and
(6) to allow the continued use of the Recreation Area by
all individuals, entities, and local government agencies in
activities relating to integrated water management, flood
protection, water conservation, water quality, water rights,
water supply, groundwater recharge and monitoring, wastewater
treatment, public roads and bridges, and utilities within or
adjacent to the Recreation Area.
SEC. 512. DEFINITIONS.
In this part:
(1) Adjudication.--The term ``adjudication'' means any
final judgment, order, ruling, or decree entered in any
judicial proceeding adjudicating or affecting water rights,
surface water management, or groundwater management.
(2) Advisory council.--The term ``Advisory Council'' means
the San Gabriel National Recreation Area Public Advisory
Council established under section 517(a).
(3) Federal lands.--The term ``Federal lands'' means--
(A) public lands under the jurisdiction of the Secretary of
the Interior; and
(B) lands under the jurisdiction of the Secretary of
Defense, acting through the Chief of Engineers.
(4) Management plan.--The term ``management plan'' means
the management plan for the Recreation Area required under
section 514(d).
(5) Partnership.--The term ``Partnership'' means the San
Gabriel National Recreation Area Partnership established by
section 518(a).
[[Page H4840]]
(6) Public water system.--The term ``public water system''
has the meaning given the term in 42 U.S.C. 300(f)(4) or in
section 116275 of the California Health and Safety Code.
(6) Recreation area.--The term ``Recreation Area'' means
the San Gabriel National Recreation Area established by
section 513(a).
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Utility facility.--The term ``utility facility''
means--
(A) any electric substations, communication facilities,
towers, poles, and lines, ground wires, communication
circuits, and other structures, and related infrastructure;
and
(B) any such facilities associated with a public water
system.
(9) Water resource facility.--The term ``water resource
facility'' means irrigation and pumping facilities, dams and
reservoirs, flood control facilities, water conservation
works, including debris protection facilities, sediment
placement sites, rain gauges and stream gauges, water quality
facilities, recycled water facilities, water pumping,
conveyance and distribution systems, water storage tanks and
reservoirs, and water treatment facilities, aqueducts,
canals, ditches, pipelines, wells, hydropower projects, and
transmission and other ancillary facilities, groundwater
recharge facilities, water conservation, water filtration
plants, and other water diversion, conservation, groundwater
recharge, storage, and carriage structures.
SEC. 513. SAN GABRIEL NATIONAL RECREATION AREA.
(a) Establishment; Boundaries.--Subject to valid existing
rights, there is established as a unit of the National Park
System in the State the San Gabriel National Recreation Area,
which shall consist of approximately 49,387 acres of Federal
land and interests in land in the State depicted as the
``Proposed San Gabriel National Recreation Area'' on the map
entitled ``San Gabriel National Recreation Area Proposed
Boundary'' and dated July 2019.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this subtitle, the Secretary shall file a
map and a legal description of the Recreation Area with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any clerical or typographical error in the map or
legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the National
Park Service.
(c) Administration and Jurisdiction.--
(1) Public lands.--The public lands included in the
Recreation Area shall be administered by the Secretary,
acting through the Director of the National Park Service.
(2) Department of defense land.--Although certain Federal
lands under the jurisdiction of the Secretary of Defense are
included in the recreation area, nothing in this part
transfers administration jurisdiction of such Federal lands
from the Secretary of Defense or otherwise affects Federal
lands under the jurisdiction of the Secretary of Defense.
(3) State and local jurisdiction.--Nothing in this part
alters, modifies, or diminishes any right, responsibility,
power, authority, jurisdiction, or entitlement of the State,
a political subdivision of the State, including, but not
limited to courts of competent jurisdiction, regulatory
commissions, boards, and departments, or any State or local
agency under any applicable Federal, State, or local law
(including regulations).
SEC. 514. MANAGEMENT.
(a) National Park System.--Subject to valid existing
rights, the Secretary shall manage the public lands included
in the Recreation Area in a manner that protects and enhances
the natural resources and values of the public lands, in
accordance with--
(1) this part;
(2) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753 and 102101 of title 54, United
States Code (formerly known as the ``National Park Service
Organic Act'');
(3) the laws generally applicable to units of the National
Park System; and
(4) other applicable law, regulations, adjudications, and
orders.
(b) Cooperation With Secretary of Defense.--The Secretary
shall cooperate with the Secretary of Defense to develop
opportunities for the management of the Federal land under
the jurisdiction of the Secretary of Defense included in the
Recreation Area in accordance with the purposes described in
section 511, to the maximum extent practicable.
(c) Treatment of Non-federal Land.--
(1) In general.--Nothing in this part--
(A) authorizes the Secretary to take any action that would
affect the use of any land not owned by the United States
within the Recreation Area;
(B) affects the use of, or access to, any non-Federal land
within the Recreation Area;
(C) modifies any provision of Federal, State, or local law
with respect to public access to, or use of, non-Federal
land;
(D) requires any owner of non-Federal land to allow public
access (including Federal, State, or local government access)
to private property or any other non-Federal land;
(E) alters any duly adopted land use regulation, approved
land use plan, or any other regulatory authority of any State
or local agency or unit of Tribal government;
(F) creates any liability, or affects any liability under
any other law, of any private property owner or other owner
of non-Federal land with respect to any person injured on the
private property or other non-Federal land;
(G) conveys to the Partnership any land use or other
regulatory authority;
(H) shall be construed to cause any Federal, State, or
local regulation or permit requirement intended to apply to
units of the National Park System to affect the federal lands
under the jurisdiction of the Secretary of Defense or non-
Federal lands within the boundaries of the recreation area;
or
(I) requires any local government to participate in any
program administered by the Secretary.
(2) Cooperation.--The Secretary is encouraged to work with
owners of non-Federal land who have agreed to cooperate with
the Secretary to advance the purposes of this part.
(3) Buffer zones.--
(A) In general.--Nothing in this part establishes any
protective perimeter or buffer zone around the Recreation
Area.
(B) Activities or uses up to boundaries.--The fact that an
activity or use of land can be seen or heard from within the
Recreation Area shall not preclude the activity or land use
up to the boundary of the Recreation Area.
(4) Facilities.--Nothing in this part affects the
operation, maintenance, modification, construction,
destruction, removal, relocation, improvement or expansion of
any water resource facility or public water system, or any
solid waste, sanitary sewer, water or waste-water treatment,
groundwater recharge or conservation, hydroelectric,
conveyance distribution system, recycled water facility, or
utility facility located within or adjacent to the Recreation
Area.
(5) Exemption.--Section 100903 of title 54, United States
Code, shall not apply to the Puente Hills landfill, materials
recovery facility, or intermodal facility.
(d) Management Plan.--
(1) Deadline.--Not later than 3 years after the date of the
enactment of this subtitle, the Secretary and the Advisory
Council shall establish a comprehensive management plan for
the Recreation Area that supports the purposes described in
section 511.
(2) Use of existing plans.--In developing the management
plan, to the extent consistent with this section, the
Secretary may incorporate any provision of a land use or
other plan applicable to the public lands included in the
Recreation Area.
(3) Incorporation of visitor services plan.--To the maximum
extent practicable, the Secretary shall incorporate into the
management plan the visitor services plan under section
519(a)(2).
(4) Partnership.--In developing the management plan, the
Secretary shall consider recommendations of the Partnership.
To the maximum extent practicable, the Secretary shall
incorporate recommendations of the Partnership into the
management plan if the Secretary determines that the
recommendations are feasible and consistent with the purposes
in section 511, this part, and applicable laws (including
regulations).
(e) Fish and Wildlife.--Nothing in this part affects the
jurisdiction of the State with respect to fish or wildlife
located on public lands in the State.
SEC. 515. ACQUISITION OF NON-FEDERAL LAND WITHIN RECREATION
AREA.
(a) Limited Acquisition Authority.--
(1) In general.--Subject to paragraph (2), the Secretary
may acquire non-Federal land within the boundaries of the
Recreation Area only through exchange, donation, or purchase
from a willing seller.
(2) Additional requirement.--As a further condition on the
acquisition of land, the Secretary shall make a determination
that the land contains important biological, cultural,
historic, or recreational values.
(b) Prohibition on Use of Eminent Domain.--Nothing in this
part authorizes the use of eminent domain to acquire land or
an interest in land.
(c) Treatment of Acquired Land.--Any land or interest in
land acquired by the United States within the boundaries of
the Recreation Area shall be--
(1) included in the Recreation Area; and
(2) administered by the Secretary in accordance with--
(A) this part; and
(B) other applicable laws (including regulations).
SEC. 516. WATER RIGHTS; WATER RESOURCE FACILITIES; PUBLIC
ROADS; UTILITY FACILITIES.
(a) No Effect on Water Rights.--Nothing in this part or
section 522--
(1) shall affect the use or allocation, as in existence on
the date of the enactment of this subtitle, of any water,
water right, or interest in water (including potable,
recycled, reclaimed, waste, imported, exported, banked, or
stored water, surface water, groundwater, and public trust
interest);
(2) shall affect any public or private contract in
existence on the date of the enactment of this subtitle for
the sale, lease, loan,
[[Page H4841]]
or transfer of any water (including potable, recycled,
reclaimed, waste, imported, exported, banked, or stored
water, surface water, and groundwater);
(3) shall be considered to be a relinquishment or reduction
of any water rights reserved or appropriated by the United
States in the State on or before the date of the enactment of
this subtitle;
(4) authorizes or imposes any new reserved Federal water
right or expands water usage pursuant to any existing Federal
reserved, riparian or appropriative right;
(5) shall be considered a relinquishment or reduction of
any water rights (including potable, recycled, reclaimed,
waste, imported, exported, banked, or stored water, surface
water, and groundwater) held, reserved, or appropriated by
any public entity or other persons or entities, on or before
the date of the enactment of this subtitle;
(6) shall be construed to, or shall interfere or conflict
with the exercise of the powers or duties of any watermaster,
public agency, public water system, court of competent
jurisdiction, or other body or entity responsible for
groundwater or surface water management or groundwater
replenishment as designated or established pursuant to any
adjudication or Federal or State law, including the
management of the San Gabriel River watershed and basin, to
provide water supply or other environmental benefits;
(7) shall be construed to impede or adversely impact any
previously adopted Los Angeles County Drainage Area project,
as described in the report of the Chief of Engineers dated
June 30, 1992, including any supplement or addendum to that
report, or any maintenance agreement to operate that project;
(8) shall interfere or conflict with any action by a
watermaster, water agency, public water system, court of
competent jurisdiction, or public agency pursuant to any
Federal or State law, water right, or adjudication, including
any action relating to water conservation, water quality,
surface water diversion or impoundment, groundwater recharge,
water treatment, conservation or storage of water, pollution,
waste discharge, the pumping of groundwater; the spreading,
injection, pumping, storage, or the use of water from local
sources, storm water flows, and runoff, or from imported or
recycled water, that is undertaken in connection with the
management or regulation of the San Gabriel River;
(9) shall interfere with, obstruct, hinder, or delay the
exercise of, or access to, any water right by the owner of a
public water system or any other individual or entity,
including the construction, operation, maintenance,
replacement, removal, repair, location, or relocation of any
well; pipeline; or water pumping, treatment, diversion,
impoundment, or storage facility; or other facility or
property necessary or useful to access any water right or
operate an public water system;
(10) shall require the initiation or reinitiation of
consultation with the United States Fish and Wildlife Service
under, or the application of any provision of, the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to any
action affecting any water, water right, or water management
or water resource facility in the San Gabriel River watershed
and basin; or
(11) authorizes any agency or employee of the United
States, or any other person, to take any action inconsistent
with any of paragraphs (1) through (10).
(b) Water Resource Facilities.--
(1) No effect on existing water resource facilities.--
Nothing in this part or section 522 shall affect--
(A) the use, operation, maintenance, repair, construction,
destruction, removal, reconfiguration, expansion, improvement
or replacement of a water resource facility or public water
system within or adjacent to the Recreation Area or San
Gabriel Mountains National Monument; or
(B) access to a water resource facility within or adjacent
to the Recreation Area or San Gabriel Mountains National
Monument.
(2) No effect on new water resource facilities.--Nothing in
this part or section 522 shall preclude the establishment of
a new water resource facility (including instream sites,
routes, and areas) within the Recreation Area or San Gabriel
Mountains National Monument if the water resource facility or
public water system is necessary to preserve or enhance the
health, safety, reliability, quality or accessibility of
water supply, or utility services to residents of Los Angeles
County.
(3) Flood control.--Nothing in this part or section 522
shall be construed to--
(A) impose any new restriction or requirement on flood
protection, water conservation, water supply, groundwater
recharge, water transfers, or water quality operations and
maintenance; or
(B) increase the liability of an agency or public water
system carrying out flood protection, water conservation,
water supply, groundwater recharge, water transfers, or water
quality operations.
(4) Diversion or use of water.--Nothing in this part or
section 522 shall authorize or require the use of water or
water rights in, or the diversion of water to, the Recreation
Area or San Gabriel Mountains National Monument.
(c) Utility Facilities and Rights of Way.--Nothing in this
part or section 522 shall--
(1) affect the use, operation, maintenance, repair,
construction, destruction, reconfiguration, expansion,
inspection, renewal, reconstruction, alteration, addition,
relocation, improvement, removal, or replacement of a utility
facility or appurtenant right-of-way within or adjacent to
the Recreation Area or San Gabriel Mountains National
Monument;
(2) affect access to a utility facility or right-of-way
within or adjacent to the Recreation Area or San Gabriel
Mountains National Monument; or
(3) preclude the establishment of a new utility facility or
right-of-way (including instream sites, routes, and areas)
within the Recreation Area or San Gabriel Mountains National
Monument if such a facility or right-of-way is necessary for
public health and safety, electricity supply, or other
utility services.
(d) Roads; Public Transit.--
(1) Definitions.--In this subsection:
(A) Public road.--The term ``public road'' means any paved
road or bridge (including any appurtenant structure and
right-of-way) that is--
(i) operated or maintained by a non-Federal entity; and
(ii)(I) open to vehicular use by the public; or
(II) used by a public agency or utility for the operation,
maintenance, improvement, repair, removal, relocation,
construction, destruction or rehabilitation of
infrastructure, a utility facility, or a right-of-way.
(B) Public transit.--The term ``public transit'' means any
transit service (including operations and rights-of-way) that
is--
(i) operated or maintained by a non-Federal entity; and
(ii)(I) open to the public; or
(II) used by a public agency or contractor for the
operation, maintenance, repair, construction, or
rehabilitation of infrastructure, a utility facility, or a
right-of-way.
(2) No effect on public roads or public transit.--Nothing
in this part or section 522--
(A) authorizes the Secretary to take any action that would
affect the operation, maintenance, repair, or rehabilitation
of public roads or public transit (including activities
necessary to comply with Federal or State safety or public
transit standards); or
(B) creates any new liability, or increases any existing
liability, of an owner or operator of a public road.
SEC. 517. SAN GABRIEL NATIONAL RECREATION AREA PUBLIC
ADVISORY COUNCIL.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this subtitle, the Secretary shall
establish an advisory council, to be known as the ``San
Gabriel National Recreation Area Public Advisory Council''.
(b) Duties.--The Advisory Council shall advise the
Secretary regarding the development and implementation of the
management plan and the visitor services plan.
(c) Applicable Law.--The Advisory Council shall be subject
to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and
(2) all other applicable laws (including regulations).
(d) Membership.--The Advisory Council shall consist of 22
members, to be appointed by the Secretary after taking into
consideration recommendations of the Partnership, of whom--
(1) 2 shall represent local, regional, or national
environmental organizations;
(2) 2 shall represent the interests of outdoor recreation,
including off-highway vehicle recreation, within the
Recreation Area;
(3) 2 shall represent the interests of community-based
organizations, the missions of which include expanding access
to the outdoors;
(4) 2 shall represent business interests;
(5) 1 shall represent Indian Tribes within or adjacent to
the Recreation Area;
(6) 1 shall represent the interests of homeowners'
associations within the Recreation Area;
(7) 3 shall represent the interests of holders of
adjudicated water rights, public water systems, water
agencies, wastewater and sewer agencies, recycled water
facilities, and water management and replenishment entities;
(8) 1 shall represent energy and mineral development
interests;
(9) 1 shall represent owners of Federal grazing permits or
other land use permits within the Recreation Area;
(10) 1 shall represent archaeological and historical
interests;
(11) 1 shall represent the interests of environmental
educators;
(12) 1 shall represent cultural history interests;
(13) 1 shall represent environmental justice interests;
(14) 1 shall represent electrical utility interests; and
(15) 2 shall represent the affected public at large.
(e) Terms.--
(1) Staggered terms.--A member of the Advisory Council
shall be appointed for a term of 3 years, except that, of the
members first appointed, 7 of the members shall be appointed
for a term of 1 year and 7 of the members shall be appointed
for a term of 2 years.
(2) Reappointment.--A member may be reappointed to serve on
the Advisory Council on the expiration of the term of service
of the member.
[[Page H4842]]
(3) Vacancy.--A vacancy on the Advisory Council shall be
filled in the same manner in which the original appointment
was made.
(f) Quorum.--A quorum shall be ten members of the advisory
council. The operations of the advisory council shall not be
impaired by the fact that a member has not yet been appointed
as long as a quorum has been attained.
(g) Chairperson; Procedures.--The Advisory Council shall
elect a chairperson and establish such rules and procedures
as the advisory council considers necessary or desirable.
(h) Service Without Compensation.--Members of the Advisory
Council shall serve without pay.
(i) Termination.--The Advisory Council shall cease to
exist--
(1) on the date that is 5 years after the date on which the
management plan is adopted by the Secretary; or
(2) on such later date as the Secretary considers to be
appropriate.
SEC. 518. SAN GABRIEL NATIONAL RECREATION AREA PARTNERSHIP.
(a) Establishment.--There is established a Partnership, to
be known as the ``San Gabriel National Recreation Area
Partnership''.
(b) Purposes.--The purposes of the Partnership are to--
(1) coordinate the activities of Federal, State, Tribal,
and local authorities and the private sector in advancing the
purposes of this part; and
(2) use the resources and expertise of each agency in
improving management and recreational opportunities within
the Recreation Area.
(c) Membership.--The Partnership shall include the
following:
(1) The Secretary (or a designee) to represent the National
Park Service.
(2) The Secretary of Defense (or a designee) to represent
the Corps of Engineers.
(3) The Secretary of Agriculture (or a designee) to
represent the Forest Service.
(4) The Secretary of the Natural Resources Agency of the
State (or a designee) to represent--
(A) the California Department of Parks and Recreation; and
(B) the Rivers and Mountains Conservancy.
(5) 1 designee of the Los Angeles County Board of
Supervisors.
(6) 1 designee of the Puente Hills Habitat Preservation
Authority.
(7) 4 designees of the San Gabriel Council of Governments,
of whom 1 shall be selected from a local land conservancy.
(8) 1 designee of the San Gabriel Valley Economic
Partnership.
(9) 1 designee of the Los Angeles County Flood Control
District.
(10) 1 designee of the San Gabriel Valley Water
Association.
(11) 1 designee of the Central Basin Water Association.
(12) 1 designee of the Main San Gabriel Basin Watermaster.
(13) 1 designee of a public utility company, to be
appointed by the Secretary.
(14) 1 designee of the Watershed Conservation Authority.
(15) 1 designee of the Advisory Council for the period
during which the Advisory Council remains in effect.
(16) 1 designee of San Gabriel Mountains National Monument
Community Collaborative.
(d) Duties.--To advance the purposes described in section
511, the Partnership shall--
(1) make recommendations to the Secretary regarding the
development and implementation of the management plan;
(2) review and comment on the visitor services plan under
section 519(a)(2), and facilitate the implementation of that
plan;
(3) assist units of local government, regional planning
organizations, and nonprofit organizations in advancing the
purposes of the Recreation Area by--
(A) carrying out programs and projects that recognize,
protect, and enhance important resource values within the
Recreation Area;
(B) establishing and maintaining interpretive exhibits and
programs within the Recreation Area;
(C) developing recreational and educational opportunities
in the Recreation Area in accordance with the purposes of
this part;
(D) increasing public awareness of, and appreciation for,
natural, historic, scenic, and cultural resources of the
Recreation Area;
(E) ensuring that signs identifying points of public access
and sites of interest are posted throughout the Recreation
Area;
(F) promoting a wide range of partnerships among
governments, organizations, and individuals to advance the
purposes of the Recreation Area; and
(G) ensuring that management of the Recreation Area takes
into consideration--
(i) local ordinances and land-use plans; and
(ii) adjacent residents and property owners;
(4) make recommendations to the Secretary regarding the
appointment of members to the Advisory Council; and
(5) carry out any other actions necessary to achieve the
purposes of this part.
(e) Authorities.--Subject to approval by the Secretary, for
the purposes of preparing and implementing the management
plan, the Partnership may use Federal funds made available
under this section--
(1) to make grants to the State, political subdivisions of
the State, nonprofit organizations, and other persons;
(2) to enter into cooperative agreements with, or provide
grants or technical assistance to, the State, political
subdivisions of the State, nonprofit organizations, Federal
agencies, and other interested parties;
(3) to hire and compensate staff;
(4) to obtain funds or services from any source, including
funds and services provided under any other Federal law or
program;
(5) to contract for goods or services; and
(6) to support activities of partners and any other
activities that--
(A) advance the purposes of the Recreation Area; and
(B) are in accordance with the management plan.
(f) Terms of Office; Reappointment; Vacancies.--
(1) Terms.--A member of the Partnership shall be appointed
for a term of 3 years.
(2) Reappointment.--A member may be reappointed to serve on
the Partnership on the expiration of the term of service of
the member.
(3) Vacancy.--A vacancy on the Partnership shall be filled
in the same manner in which the original appointment was
made.
(g) Quorum.--A quorum shall be eleven members of the
Partnership. The operations of the Partnership shall not be
impaired by the fact that a member has not yet been appointed
as long as a quorum has been attained.
(h) Chairperson; Procedures.--The Partnership shall elect a
chairperson and establish such rules and procedures as it
deems necessary or desirable.
(i) Service Without Compensation.--A member of the
Partnership shall serve without compensation.
(j) Duties and Authorities of Secretary.--
(1) In general.--The Secretary shall convene the
Partnership on a regular basis to carry out this part.
(2) Technical and financial assistance.--The Secretary may
provide to the Partnership or any member of the Partnership,
on a reimbursable or nonreimbursable basis, such technical
and financial assistance as the Secretary determines to be
appropriate to carry out this part.
(3) Cooperative agreements.--The Secretary may enter into a
cooperative agreement with the Partnership, a member of the
Partnership, or any other public or private entity to provide
technical, financial, or other assistance to carry out this
part.
(4) Construction of facilities on non-federal land.--
(A) In general.--In order to facilitate the administration
of the Recreation Area, the Secretary is authorized, subject
to valid existing rights, to construct administrative or
visitor use facilities on land owned by a non-profit
organization, local agency, or other public entity in
accordance with this subtitle and applicable law (including
regulations).
(B) Additional requirements.--A facility under this
paragraph may only be developed--
(i) with the consent of the owner of the non-Federal land;
and
(ii) in accordance with applicable Federal, State, and
local laws (including regulations) and plans.
(5) Priority.--The Secretary shall give priority to actions
that--
(A) conserve the significant natural, historic, cultural,
and scenic resources of the Recreation Area; and
(B) provide educational, interpretive, and recreational
opportunities consistent with the purposes of the Recreation
Area.
(k) Committees.--The Partnership shall establish--
(1) a Water Technical Advisory Committee to advise the
Secretary regarding water-related issues relating to the
Recreation Area; and
(2) a Public Safety Advisory Committee to advise the
Secretary regarding public safety issues relating to the
Recreation Area.
SEC. 519. VISITOR SERVICES AND FACILITIES.
(a) Visitor Services.--
(1) Purpose.--The purpose of this subsection is to
facilitate the development of an integrated visitor services
plan to improve visitor experiences in the Recreation Area
through expanded recreational opportunities and increased
interpretation, education, resource protection, and
enforcement.
(2) Visitor services plan.--
(A) In general.--Not later than 3 years after the date of
the enactment of this subtitle, the Secretary shall develop
and carry out an integrated visitor services plan for the
Recreation Area in accordance with this paragraph.
(B) Contents.--The visitor services plan shall--
(i) assess current and anticipated future visitation to the
Recreation Area, including recreation destinations;
(ii) consider the demand for various types of recreation
(including hiking, picnicking, horseback riding, and the use
of motorized and mechanized vehicles), as permissible and
appropriate;
(iii) evaluate the impacts of recreation on natural and
cultural resources, water rights and water resource
facilities, public roads, adjacent residents and property
owners, and utilities within the Recreation Area, as well as
the effectiveness of current enforcement and efforts;
(iv) assess the current level of interpretive and
educational services and facilities;
[[Page H4843]]
(v) include recommendations to--
(I) expand opportunities for high-demand recreational
activities, in accordance with the purposes described in
section 511;
(II) better manage Recreation Area resources and improve
the experience of Recreation Area visitors through expanded
interpretive and educational services and facilities, and
improved enforcement; and
(III) better manage Recreation Area resources to reduce
negative impacts on the environment, ecology, and integrated
water management activities in the Recreation Area;
(vi) in coordination and consultation with affected owners
of non-Federal land, assess options to incorporate
recreational opportunities on non-Federal land into the
Recreation Area--
(I) in manner consistent with the purposes and uses of the
non-Federal land; and
(II) with the consent of the non-Federal landowner;
(vii) assess opportunities to provide recreational
opportunities that connect with adjacent National Forest
System land; and
(viii) be developed and carried out in accordance with
applicable Federal, State, and local laws and ordinances.
(C) Consultation.--In developing the visitor services plan,
the Secretary shall--
(i) consult with--
(I) the Partnership;
(II) the Advisory Council;
(III) appropriate State and local agencies; and
(IV) interested nongovernmental organizations; and
(ii) involve members of the public.
(b) Visitor Use Facilities.--
(1) In general.--The Secretary may construct visitor use
facilities in the Recreation Area.
(2) Requirements.--Each facility under paragraph (1) shall
be developed in accordance with applicable Federal, State,
and local--
(A) laws (including regulations); and
(B) plans.
(c) Donations.--
(1) In general.--The Secretary may accept and use donated
funds (subject to appropriations), property, in-kind
contributions, and services to carry out this part.
(2) Prohibition.--The Secretary may not use the authority
provided by paragraph (1) to accept non-Federal land that has
been acquired after the date of the enactment of this
subtitle through the use of eminent domain.
(d) Cooperative Agreements.--In carrying out this part, the
Secretary may make grants to, or enter into cooperative
agreements with, units of State, Tribal, and local
governments and private entities to conduct research, develop
scientific analyses, and carry out any other initiative
relating to the management of, and visitation to, the
Recreation Area.
PART 2--SAN GABRIEL MOUNTAINS
SEC. 521. DEFINITIONS.
In this part:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) Wilderness area or addition.--The term ``wilderness
area or addition'' means any wilderness area or wilderness
addition designated by section 523(a).
SEC. 522. NATIONAL MONUMENT BOUNDARY MODIFICATION.
(a) In General.--The Secretary shall modify the boundaries
of the San Gabriel Mountains National Monument in the State
to include the approximately 109,167 acres of additional
National Forest System land depicted as the ``Proposed San
Gabriel Mountains National Monument Expansion'' on the map
entitled ``Proposed San Gabriel Mountains National Monument
Expansion'' and dated June 26, 2019.
(b) Administration.--On inclusion of the National Forest
System land described in subsection (a), the Secretary shall
administer that land as part of the San Gabriel Mountains
National Monument in accordance with the laws generally
applicable to the Monument and this subtitle.
(c) Management Plan.--Not later than 3 years after the date
of the enactment of this subtitle, the Secretary shall
consult with State and local governments and the interested
public to update the existing San Gabriel Mountains National
Monument Plan to incorporate and provide management direction
and protection for the lands added to the Monument.
SEC. 523. DESIGNATION OF WILDERNESS AREAS AND ADDITIONS.
(a) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following parcels of National
Forest System land in the State are designated as wilderness
and as components of the National Wilderness Preservation
System:
(1) Condor peak wilderness.--Certain Federal land in the
Angeles National Forest, comprising approximately 8,207
acres, as generally depicted on the map entitled ``Condor
Peak Wilderness--Proposed'' and dated June 6, 2019, which
shall be known as the ``Condor Peak Wilderness''.
(2) San gabriel wilderness additions.--Certain Federal land
in the Angeles National Forest, comprising approximately
2,032 acres, as generally depicted on the map entitled ``San
Gabriel Wilderness Additions'' and dated June 6, 2019, which
is incorporated in, and considered to be a part of, the San
Gabriel Wilderness designated by Public Law 90-318 (16 U.S.C.
1132 note; 82 Stat. 131).
(3) Sheep mountain wilderness additions.--Certain Federal
land in the Angeles National Forest, comprising approximately
13,726 acres, as generally depicted on the map entitled
``Sheep Mountain Wilderness Additions'' and dated June 6,
2019, which is incorporated in, and considered to be a part
of, the Sheep Mountain Wilderness designated by section
101(a)(29) of the California Wilderness Act of 1984 (16
U.S.C. 1132 note; 98 Stat. 1623; Public Law 98-425).
(4) Yerba buena wilderness.--Certain Federal land in the
Angeles National Forest, comprising approximately 6,694
acres, as generally depicted on the map entitled ``Yerba
Buena Wilderness--Proposed'' and dated June 6, 2019, which
shall be known as the ``Yerba Buena Wilderness''.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this subtitle, the Secretary shall file a
map and a legal description of the wilderness areas and
additions with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this part, except that the Secretary may
correct any clerical or typographical error in the map or
legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
SEC. 524. ADMINISTRATION OF WILDERNESS AREAS AND ADDITIONS.
(a) In General.--Subject to valid existing rights, the
wilderness areas and additions shall be administered by the
Secretary in accordance with this section and the Wilderness
Act (16 U.S.C. 1131 et seq.), except that any reference in
that Act to the effective date of that Act shall be
considered to be a reference to the date of the enactment of
this subtitle.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures in a
wilderness area or addition designated in section 523 as are
necessary for the control of fire, insects, or diseases in
accordance with--
(A) section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)); and
(B) House Report 98-40 of the 98th Congress.
(2) Funding priorities.--Nothing in this part limits
funding for fire or fuels management in a wilderness area or
addition.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of the
enactment of this subtitle, the Secretary shall amend, as
applicable, any local fire management plan that applies to a
wilderness area or addition designated in section 523.
(4) Administration.--In accordance with paragraph (1) and
any other applicable Federal law, to ensure a timely and
efficient response to a fire emergency in a wilderness area
or addition, the Secretary shall--
(A) not later than 1 year after the date of the enactment
of this subtitle, establish agency approval procedures
(including appropriate delegations of authority to the Forest
Supervisor, District Manager, or other agency officials) for
responding to fire emergencies; and
(B) enter into agreements with appropriate State or local
firefighting agencies.
(c) Grazing.--The grazing of livestock in a wilderness area
or addition, if established before the date of the enactment
of this subtitle, shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines contained in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this part
affects the jurisdiction or responsibility of the State with
respect to fish or wildlife on public land in the State.
(2) Management activities.--
(A) In general.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
the Secretary may conduct any management activity that are
necessary to maintain or restore fish or wildlife populations
or habitats in the wilderness areas and wilderness additions
designated in section 523, if the management activities are--
(i) consistent with relevant wilderness management plans;
and
(ii) conducted in accordance with appropriate policies,
such as the policies established in Appendix B of the report
of the Committee on Interior and Insular Affairs of the House
of Representatives accompanying H.R. 2570 of the 101st
Congress (H. Rept. 101-405).
(B) Inclusions.--A management activity under subparagraph
(A) may include the occasional and temporary use of motorized
vehicles, if the use, as determined by the Secretary, would
promote healthy, viable, and more naturally distributed
wildlife populations that would enhance wilderness values
while causing the minimum impact necessary to accomplish
those tasks.
[[Page H4844]]
(C) Existing activities.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and
appropriate policies (such as the policies established in
Appendix B of House Report 101-405, the State may use
aircraft (including helicopters) in a wilderness area or
addition to survey, capture, transplant, monitor, or provide
water for a wildlife population, including bighorn sheep.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for the
designation of wilderness areas or wilderness additions by
section 523 to lead to the creation of protective perimeters
or buffer zones around each wilderness area or wilderness
addition.
(2) Activities or uses up to boundaries.--The fact that a
nonwilderness activities or uses can be seen or heard from
within a wilderness area or wilderness addition designated by
section 523 shall not, of itself, preclude the activities or
uses up to the boundary of the wilderness area or addition.
(f) Military Activities.--Nothing in this subtitle
precludes--
(1) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by
section 523;
(2) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by
section 523; or
(3) the use or establishment of military flight training
routes over wilderness areas or wilderness additions
designated by section 523.
(g) Horses.--Nothing in this part precludes horseback
riding in, or the entry of recreational or commercial saddle
or pack stock into, an area designated as a wilderness area
or wilderness addition by section 523--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to such terms and conditions as the Secretary
determines to be necessary.
(h) Law Enforcement.--Nothing in this part precludes any
law enforcement or drug interdiction effort within the
wilderness areas or wilderness additions designated by
section 523 in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.).
(i) Withdrawal.--Subject to valid existing rights, the
wilderness areas and additions designated by section 523 are
withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral materials and geothermal
leasing laws.
(j) Incorporation of Acquired Land and Interests.--Any land
within the boundary of a wilderness area or addition that is
acquired by the United States shall--
(1) become part of the wilderness area or addition in which
the land is located; and
(2) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable laws (including regulations).
(k) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such
terms and conditions as the Secretary may prescribe, the
Secretary may authorize the installation and maintenance of
hydrologic, meteorologic, or climatological collection
devices in a wilderness area or addition if the Secretary
determines that the facilities and access to the facilities
is essential to a flood warning, flood control, or water
reservoir operation activity.
(l) Authorized Events.--The Secretary of Agriculture may
authorize the Angeles Crest 100 competitive running event to
continue in substantially the same manner and degree in which
this event was operated and permitted in 2015 within
additions to the Sheep Mountain Wilderness in section 523 of
this subtitle and the Pleasant View Ridge Wilderness Area
designated by section 1802 of the Omnibus Public Land
Management Act of 2009, provided that the event is authorized
and conducted in a manner compatible with the preservation of
the areas as wilderness.
SEC. 525. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Designation.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the
end the following:
``(__) East fork san gabriel river, california.--The
following segments of the East Fork San Gabriel River, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 10-mile segment from the confluence of the
Prairie Fork and Vincent Gulch to 100 yards upstream of the
Heaton Flats trailhead and day use area, as a wild river.
``(B) The 2.7-mile segment from 100 yards upstream of the
Heaton Flats trailhead and day use area to 100 yards upstream
of the confluence with Williams Canyon, as a recreational
river.
``(__) North fork san gabriel river, california.--The 4.3-
mile segment of the North Fork San Gabriel River from the
confluence with Cloudburst Canyon to 0.25 miles upstream of
the confluence with the West Fork San Gabriel River, to be
administered by the Secretary of Agriculture as a
recreational river.
``(__) West fork san gabriel river, california.--The
following segments of the West Fork San Gabriel River, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 6.7-mile segment from 0.25 miles downstream of
its source near Red Box Gap in sec. 14, T. 2 N., R. 12 W., to
the confluence with the unnamed tributary 0.25 miles
downstream of the power lines in sec. 22, T. 2 N., R. 11 W.,
as a recreational river.
``(B) The 1.6-mile segment of the West Fork from 0.25 miles
downstream of the powerlines in sec. 22, T. 2 N., R. 11 W.,
to the confluence with Bobcat Canyon, as a wild river.
``(__) Little rock creek, california.--The following
segments of Little Rock Creek and tributaries, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 10.3-mile segment from its source on Mt.
Williamson in sec. 6, T. 3 N., R. 9 W., to 100 yards upstream
of the confluence with the South Fork Little Rock Creek, as a
wild river.
``(B) The 6.6-mile segment from 100 yards upstream of the
confluence with the South Fork Little Rock Creek to the
confluence with Santiago Canyon, as a recreational river.
``(C) The 1-mile segment of Cooper Canyon Creek from 0.25
miles downstream of Highway 2 to 100 yards downstream of
Cooper Canyon Campground, as a scenic river.
``(D) The 1.3-mile segment of Cooper Canyon Creek from 100
yards downstream of Cooper Canyon Campground to the
confluence with Little Rock Creek, as a wild river.
``(E) The 1-mile segment of Buckhorn Creek from 100 yards
downstream of the Buckhorn Campground to its confluence with
Cooper Canyon Creek, as a wild river.''.
(b) Water Resource Facilities; and Water Use.--
(1) Water resource facilities.--
(A) Definition.--In this section, the term ``water resource
facility'' means irrigation and pumping facilities, dams and
reservoirs, flood control facilities, water conservation
works and facilities, including debris protection facilities,
sediment placement sites, rain gauges and stream gauges,
water quality facilities, recycled water facilities and water
pumping, conveyance distribution systems, water storage tanks
and reservoirs, and water treatment facilities, aqueducts,
canals, ditches, pipelines, wells, hydropower projects, and
transmission and other ancillary facilities, groundwater
recharge facilities, water conservation, water filtration
plants, and other water diversion, conservation, groundwater
recharge, storage, and carriage structures.
(B) No effect on existing water resource facilities.--
Nothing in this section shall alter, modify, or affect--
(i) the use, operation, maintenance, repair, construction,
destruction, reconfiguration, expansion, relocation or
replacement of a water resource facility downstream of a wild
and scenic river segment designated by this section, provided
that the physical structures of such facilities or reservoirs
shall not be located within the river areas designated in
this section; or
(ii) access to a water resource facility downstream of a
wild and scenic river segment designated by this section.
(C) No effect on new water resource facilities.--Nothing in
this section shall preclude the establishment of a new water
resource facilities (including instream sites, routes, and
areas) downstream of a wild and scenic river segment.
(2) Limitation.--Any new reservation of water or new use of
water pursuant to existing water rights held by the United
States to advance the purposes of the National Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.) shall be for
nonconsumptive instream use only within the segments
designated by this section.
(3) Existing law.--Nothing in this section affects the
implementation of the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
SEC. 526. WATER RIGHTS.
(a) Statutory Construction.--Nothing in this subtitle, and
no action to implement this subtitle--
(1) shall constitute an express or implied reservation of
any water or water right, or authorizing an expansion of
water use pursuant to existing water rights held by the
United States, with respect to the land designated as a
wilderness area or wilderness addition by section 523 or land
adjacent to the wild and scenic river segments designated by
the amendment made by section 525;
(2) shall affect, alter, modify, or condition any water
rights in the State in existence on the date of the enactment
of this subtitle, including any water rights held by the
United States;
(3) shall be construed as establishing a precedent with
regard to any future wilderness or wild and scenic river
designations;
(4) shall affect, alter, or modify the interpretation of,
or any designation, decision, adjudication or action made
pursuant to, any other Act; or
(5) shall be construed as limiting, altering, modifying, or
amending any of the interstate compacts or equitable
apportionment decrees that apportions water among or between
the State and any other State.
(b) State Water Law.--The Secretary shall comply with
applicable procedural and substantive requirements of the law
of the State in order to obtain and hold any water rights not
in existence on the date of the enactment of this subtitle
with respect to the San Gabriel Mountains National Monument,
wilderness areas and wilderness additions designated by
section 523, and the wild and scenic rivers designated by
amendment made by section 525.
[[Page H4845]]
Subtitle F--Rim of the Valley Corridor Preservation
SEC. 601. BOUNDARY ADJUSTMENT; LAND ACQUISITION;
ADMINISTRATION.
(a) Boundary Adjustment.--Section 507(c)(1) of the National
Parks and Recreation Act of 1978 (16 U.S.C. 460kk(c)(1)) is
amended in the first sentence by striking ``, which shall''
and inserting `` and generally depicted as `Rim of the Valley
Unit Proposed Addition' on the map entitled `Rim of the
Valley Unit--Santa Monica Mountains National Recreation
Area', numbered 638/147,723, and dated September 2018. Both
maps shall''.
(b) Rim of the Valley Unit.--Section 507 of the National
Parks and Recreation Act of 1978 (16 U.S.C. 460kk) is amended
by adding at the end the following:
``(u) Rim of the Valley Unit.--(1) Not later than 3 years
after the date of the enactment of this subsection, the
Secretary shall update the general management plan for the
recreation area to reflect the boundaries designated on the
map referred to in subsection (c)(1) as the `Rim of the
Valley Unit' (hereafter in the subsection referred to as the
`Rim of the Valley Unit'). Subject to valid existing rights,
the Secretary shall administer the Rim of the Valley Unit,
and any land or interest in land acquired by the United
States and located within the boundaries of the Rim of the
Valley Unit, as part of the recreation area in accordance
with the provisions of this section and applicable laws and
regulations.
``(2) The Secretary may acquire non-Federal land within the
boundaries of the Rim of the Valley Unit only through
exchange, donation, or purchase from a willing seller.
Nothing in this subsection authorizes the use of eminent
domain to acquire land or interests in land.
``(3) Nothing in this subsection or the application of the
management plan for the Rim of the Valley Unit shall be
construed to--
``(A) modify any provision of Federal, State, or local law
with respect to public access to or use of non-Federal land;
``(B) create any liability, or affect any liability under
any other law, of any private property owner or other owner
of non-Federal land with respect to any person injured on
private property or other non-Federal land;
``(C) affect the ownership, management, or other rights
relating to any non-Federal land (including any interest in
any non-Federal land);
``(D) require any local government to participate in any
program administered by the Secretary;
``(E) alter, modify, or diminish any right, responsibility,
power, authority, jurisdiction, or entitlement of the State,
any political subdivision of the State, or any State or local
agency under existing Federal, State, and local law
(including regulations);
``(F) require the creation of protective perimeters or
buffer zones, and the fact that certain activities or land
can be seen or heard from within the Rim of the Valley Unit
shall not, of itself, preclude the activities or land uses up
to the boundary of the Rim of the Valley Unit;
``(G) require or promote use of, or encourage trespass on,
lands, facilities, and rights-of-way owned by non-Federal
entities, including water resource facilities and public
utilities, without the written consent of the owner;
``(H) affect the operation, maintenance, modification,
construction, or expansion of any water resource facility or
utility facility located within or adjacent to the Rim of the
Valley Unit;
``(I) terminate the fee title to lands or customary
operation, maintenance, repair, and replacement activities on
or under such lands granted to public agencies that are
authorized pursuant to Federal or State statute;
``(J) interfere with, obstruct, hinder, or delay the
exercise of any right to, or access to any water resource
facility or other facility or property necessary or useful to
access any water right to operate any public water or utility
system;
``(K) require initiation or reinitiation of consultation
with the United States Fish and Wildlife Service under, or
the application of provisions of, the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.), the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), or division A of
subtitle III of title 54, United States Code, concerning any
action or activity affecting water, water rights or water
management or water resource facilities within the Rim of the
Valley Unit; or
``(L) limit the Secretary's ability to update applicable
fire management plans, which may consider fuels management
strategies including managed natural fire, prescribed fires,
non-fire mechanical hazardous fuel reduction activities, or
post-fire remediation of damage to natural and cultural
resources.
``(4) The activities of a utility facility or water
resource facility shall take into consideration ways to
reasonably avoid or reduce the impact on the resources of the
Rim of the Valley Unit.
``(5) For the purpose of paragraph (4)--
``(A) the term `utility facility' means electric
substations, communication facilities, towers, poles, and
lines, ground wires, communications circuits, and other
structures, and related infrastructure; and
``(B) the term `water resource facility' means irrigation
and pumping facilities; dams and reservoirs; flood control
facilities; water conservation works, including debris
protection facilities, sediment placement sites, rain gauges,
and stream gauges; water quality, recycled water, and pumping
facilities; conveyance distribution systems; water treatment
facilities; aqueducts; canals; ditches; pipelines; wells;
hydropower projects; transmission facilities; and other
ancillary facilities, groundwater recharge facilities, water
conservation, water filtration plants, and other water
diversion, conservation, groundwater recharge, storage, and
carriage structures.''.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentlewoman from Colorado (Ms. DeGette) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Colorado.
Ms. DeGETTE. Madam Speaker, I rise today in support of my amendment
to add the first six titles of the Protecting America's Wilderness in
Public Lands Act to this year's NDAA bill.
This legislation will preserve nearly 1.3 million acres of public
land across Colorado, California, and Washington State, and it will add
more than 1,000 miles of river to the National Wild and Scenic Rivers
System.
Preserving these untouched public lands from the threat of future
development is more than just protecting our environment. It is about
protecting our economy and jobs and our western way of life. It is also
about ensuring that some of our Nation's most elite military pilots
have the opportunity and the space they need to train.
Included in the nearly 1.3 million acres of land this measure would
protect are some of our Nation's most important military training
grounds, including the High Altitude Aviation Training Site, or HAATS,
in Colorado, that is responsible for training some of our most elite
helicopter pilots to take on some of the harshest conditions anywhere
on the planet.
As a fourth-generation Coloradoan, I know how important these lands
are to the people in my State, and I know how important these training
grounds are to the brave men and women who serve in our Nation's
military.
The designations included in this amendment were not made up
overnight. They were the result of decades of hard work by citizens
across the State of Colorado, and they have garnered widespread support
among the public across the West.
It is why the legislation has been passed by this Chamber now three
times in just 2 years, including as a part of last year's NDAA bill,
and again, this year, as a standalone bill.
I want to thank my colleagues, Representatives Huffman, Carbajal,
Chu, Schiff, Kilmer, Neguse, and the chairman of the Natural Resources
Committee, Chairman Grijalva, for their unwavering support and all the
work they have done to get this package to the floor.
I urge all Members to vote ``yes'' on the amendment, and I reserve
the balance of my time.
Mr. LAMBORN. Madam Speaker, I rise in opposition to the amendment.
The SPEAKER pro tempore. The gentleman from Colorado is recognized
for 5 minutes.
Mr. LAMBORN. Madam Speaker, I yield myself such time as I may
consume.
I rise in opposition to this amendment to add a package of unrelated
lands bills to the National Defense Authorization Act. Collectively,
this pair of bills, this one and the next one, amendments, would impose
unnecessary and harmful restrictions on more than 2\1/2\ million acres
of lands in Colorado, California, and Washington, including nearly 1\1/
2\ million of acres of new wilderness designating many miles of wild
and scenic rivers and creating 100,000 acres of national monument
expansion.
These restrictions will have the effect of greatly reducing
opportunities for multiple uses of these lands and will restrict forest
management practices that will render these lands more prone to
catastrophic wildfires.
In Colorado alone, this amendment would designate approximately
570,000 acres of new wilderness areas, 23,000 acres of expanded
wilderness, and 14,000 acres of potential wilderness.
Now, we already have 3.5 million acres of public lands in Colorado
that are designated as wilderness, so that protection is already there.
[[Page H4846]]
{time} 2320
Now, I do commend my colleague for her efforts to work with local
stakeholders to address some of their concerns over the years that she
has been working on this issue. But this package, unfortunately, does
not come close to the kind of balance and consensus that should be
required for a package of this magnitude. Many of the local communities
impacted by this amendment and that I have heard from have raised
significant concerns, including the loss of motorized access and
recreation, which would threaten their local economy.
A wilderness designation also makes it much more difficult or even
impossible to remove excess fire hazards or invasive species. There is
no real management of the land. Future generations lose access to the
land, at least for average, everyday people. In a true wilderness area,
you can't even ride a bicycle.
This bill is inconsistent with previous designations and existing
land uses by arbitrarily adding wilderness areas and wild and scenic
river designations where those designations are not really appropriate.
Supporting the declaration of areas that do not actually possess these
characteristics undermines the integrity of the Wilderness Act and the
Wild and Scenic Rivers Act for what was originally intended.
Madam Speaker, I ask my colleagues to oppose this amendment, and I
reserve the balance of my time.
Ms. DeGETTE. Madam Speaker, I yield 1 minute to the gentleman from
California (Mr. Schiff).
Mr. SCHIFF. Madam Speaker, the past 18 months have been difficult for
all of us. But through the hardship, Americans have found solace and
serenity in our beautiful public lands.
Back home in Los Angeles, the Rim of the Valley Corridor stands out
as a jewel of nature. We must preserve this area of striking beauty so
that future generations can enjoy all that it has to offer.
My amendment will add 191,000 acres of the Rim of the Valley Corridor
to the Santa Monica Mountains National Recreation Area, empowering the
National Parks Service and the local community to better protect its
natural resources and habitats.
This is a cause I have worked on for two decades and one that has
overwhelming support among my constituents and those in the region.
Let's get it over the finish line.
Madam Speaker, I thank Representative DeGette for her extraordinary
leadership, and I urge a ``yes'' vote on the amendment.
Mr. LAMBORN. Madam Speaker, I yield 2 minutes to the gentlewoman from
Colorado (Mrs. Boebert), who has a district where, actually, this
designation would take place.
Mrs. BOEBERT. Madam Speaker, I thank the gentleman from Colorado for
yielding his time and for his leadership and protecting freedom for
multiple uses of our public lands by opposing sloppy Democrat land
grabs like the ones contained in this amendment.
This amendment is loaded with more than 30 different land grabs that
undermine our national security interests. I have actually traveled in
helicopters with our servicemen and servicewomen who say that this bill
would hinder the land that they currently practice over, with these
wilderness designations, and it would prevent them from amazing
training that they do, bringing people in worldwide.
The U.S. Department of Defense uses 750,000 tons of minerals each
year for equipment and other important technologies. Copper is used to
manufacture military planes and ships. Silver is used in Apache
helicopters. Beryllium is used to enhance the speed of fighter jets.
Molybdenum is used for armored vehicles, missiles, and aircraft.
The amendment we are discussing proposes to add nearly 1.5 million
acres of new wilderness and permanently withdraws 1.2 million acres
from mineral production.
Again, our Department of Defense needs 750,000 tons of minerals each
year. This amendment permanently withdraws 1.2 million acres that
contain critical minerals and other rare earths that we need for
defense, to protect our men and women in uniform.
Approximately 550,000 of those 1.5 million acres that would be locked
up by these new wilderness designations are in my district. Now, can
you imagine if I had a bill designating the 16th Street Mall in Denver,
Colorado, and said that there would be a wilderness designation. I
mean, it is wild and scenic, but I don't have a bill that does such
because I tend to my district.
None of the Colorado acres proposed for the wilderness designation in
this amendment are located in the district represented by the sponsor
of this amendment, and I urge a ``no'' vote.
Ms. DeGETTE. Madam Speaker, may I inquire how much time is remaining.
The SPEAKER pro tempore. The gentlewoman from Colorado has 2 minutes
remaining. The time of the gentleman from Colorado has expired.
Ms. DeGETTE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, all of the six areas in this bill have been studied,
have been worked on, and have been under consideration for several
decades, as my colleague, Mr. Schiff, pointed out.
The areas in Colorado in my bill were originally designated as
wilderness study areas in the 1980s, and they have already been managed
as wilderness for almost 40 years. What this would do is it would
simply make permanent what everybody in Colorado knows. These are the
most special wild areas that we can have.
My colleague from Colorado alleges that helicopter training would be
prevented by this bill, but, in fact, that is incorrect. After working
with the National Guard, we withdrew the areas that were scheduled to
be wilderness and called them potential wilderness so that the
helicopters can continue to land there, as I pointed out in my opening
statement, allowing our military to have the high-level training that
they need.
Finally, to my knowledge, there are no rare minerals in any of the
six potential areas of this bill. In fact, what we are doing is simply
preserving for future generations the wilderness that we all know and
the wilderness that stimulates jobs and the economy throughout the
West.
I urge my colleagues to vote ``yes'' on this amendment and preserve
these very special places, and I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the
gentlewoman from Colorado (Ms. DeGette).
The question is on the amendment offered by the gentlewoman from
Colorado (Ms. DeGette).
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. LAMBORN. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 17 Offered by Mr. Neguse
The SPEAKER pro tempore. It is now in order to consider amendment No.
17 printed in part C of House Report 117-125.
Mr. NEGUSE. Madam Speaker, I seek recognition to make a statement in
support of my amendment offered by myself and Chairman Grijalva.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
After title LIII of division E, insert the following new
title:
TITLE LIV--COLORADO AND GRAND CANYON PUBLIC LANDS
Subtitle A--Colorado Outdoor Recreation and Economy
SEC. 101. DEFINITION OF STATE.
In this subtitle, the term ``State'' means the State of
Colorado.
PART 1--CONTINENTAL DIVIDE
SEC. 111. DEFINITIONS.
In this part:
(1) Covered area.--The term ``covered area'' means any area
designated as wilderness by the amendments to section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) made by section 112(a).
(2) Historic landscape.--The term ``Historic Landscape''
means the Camp Hale National Historic Landscape designated by
section 117(a).
(3) Recreation management area.--The term ``Recreation
Management Area'' means the Tenmile Recreation Management
Area designated by section 114(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
[[Page H4847]]
(5) Wildlife conservation area.--The term ``Wildlife
Conservation Area'' means, as applicable--
(A) the Porcupine Gulch Wildlife Conservation Area
designated by section 115(a); and
(B) the Williams Fork Mountains Wildlife Conservation Area
designated by section 116(a).
SEC. 112. COLORADO WILDERNESS ADDITIONS.
(a) Designation.--Section 2(a) of the Colorado Wilderness
Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) is
amended--
(1) in paragraph (18), by striking ``1993,'' and inserting
``1993, and certain Federal land within the White River
National Forest that comprises approximately 6,896 acres, as
generally depicted as `Proposed Ptarmigan Peak Wilderness
Additions' on the map entitled `Proposed Ptarmigan Peak
Wilderness Additions' and dated June 24, 2019,''; and
(2) by adding at the end the following:
``(23) Holy cross wilderness addition.--Certain Federal
land within the White River National Forest that comprises
approximately 3,866 acres, as generally depicted as `Proposed
Megan Dickie Wilderness Addition' on the map entitled `Holy
Cross Wilderness Addition Proposal' and dated June 24, 2019,
which shall be incorporated into, and managed as part of, the
Holy Cross Wilderness designated by section 102(a)(5) of
Public Law 96-560 (94 Stat. 3266).
``(24) Hoosier ridge wilderness.--Certain Federal land
within the White River National Forest that comprises
approximately 5,235 acres, as generally depicted as `Proposed
Hoosier Ridge Wilderness' on the map entitled `Tenmile
Proposal' and dated June 24, 2019, which shall be known as
the `Hoosier Ridge Wilderness'.
``(25) Tenmile wilderness.--Certain Federal land within the
White River National Forest that comprises approximately
7,624 acres, as generally depicted as `Proposed Tenmile
Wilderness' on the map entitled `Tenmile Proposal' and dated
June 24, 2019, which shall be known as the `Tenmile
Wilderness'.
``(26) Eagles nest wilderness additions.--Certain Federal
land within the White River National Forest that comprises
approximately 9,670 acres, as generally depicted as `Proposed
Freeman Creek Wilderness Addition' and `Proposed Spraddle
Creek Wilderness Addition' on the map entitled `Eagles Nest
Wilderness Additions Proposal' and dated June 24, 2019, which
shall be incorporated into, and managed as part of, the
Eagles Nest Wilderness designated by Public Law 94-352 (90
Stat. 870).''.
(b) Applicable Law.--Any reference in the Wilderness Act
(16 U.S.C. 1131 et seq.) to the effective date of that Act
shall be considered to be a reference to the date of
enactment of this subtitle for purposes of administering a
covered area.
(c) Fire, Insects, and Diseases.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)),
the Secretary may carry out any activity in a covered area
that the Secretary determines to be necessary for the control
of fire, insects, and diseases, subject to such terms and
conditions as the Secretary determines to be appropriate.
(d) Grazing.--The grazing of livestock on a covered area,
if established before the date of enactment of this subtitle,
shall be permitted to continue subject to such reasonable
regulations as are considered to be necessary by the
Secretary, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(e) Coordination.--For purposes of administering the
Federal land designated as wilderness by paragraph (26) of
section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as added by subsection
(a)(2)), the Secretary shall, as determined to be appropriate
for the protection of watersheds, coordinate the activities
of the Secretary in response to fires and flooding events
with interested State and local agencies, including
operations using aircraft or mechanized equipment.
SEC. 113. WILLIAMS FORK MOUNTAINS WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land
in the White River National Forest in the State, comprising
approximately 8,036 acres, as generally depicted as
``Proposed Williams Fork Mountains Wilderness'' on the map
entitled ``Williams Fork Mountains Proposal'' and dated June
24, 2019, is designated as a potential wilderness area.
(b) Management.--Subject to valid existing rights and
except as provided in subsection (d), the potential
wilderness area designated by subsection (a) shall be managed
in accordance with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) this section.
(c) Livestock Use of Vacant Allotments.--
(1) In general.--Not later than 3 years after the date of
enactment of this subtitle, in accordance with applicable
laws (including regulations), the Secretary shall publish a
determination regarding whether to authorize livestock
grazing or other use by livestock on the vacant allotments
known as--
(A) the ``Big Hole Allotment''; and
(B) the ``Blue Ridge Allotment''.
(2) Modification of allotments.--In publishing a
determination pursuant to paragraph (1), the Secretary may
modify or combine the vacant allotments referred to in that
paragraph.
(3) Permit or other authorization.--Not later than 1 year
after the date on which a determination of the Secretary to
authorize livestock grazing or other use by livestock is
published under paragraph (1), if applicable, the Secretary
shall grant a permit or other authorization for that
livestock grazing or other use in accordance with applicable
laws (including regulations).
(d) Range Improvements.--
(1) In general.--If the Secretary permits livestock grazing
or other use by livestock on the potential wilderness area
under subsection (c), the Secretary, or a third party
authorized by the Secretary, may use any motorized or
mechanized transport or equipment for purposes of
constructing or rehabilitating such range improvements as are
necessary to obtain appropriate livestock management
objectives (including habitat and watershed restoration).
(2) Termination of authority.--The authority provided by
this subsection terminates on the date that is 2 years after
the date on which the Secretary publishes a positive
determination under subsection (c)(3).
(e) Designation as Wilderness.--
(1) Designation.--The potential wilderness area designated
by subsection (a) shall be designated as wilderness, to be
known as the ``Williams Fork Mountains Wilderness''--
(A) effective not earlier than the date that is 180 days
after the date of enactment this subtitle; and
(B) on the earliest of--
(i) the date on which the Secretary publishes in the
Federal Register a notice that the construction or
rehabilitation of range improvements under subsection (d) is
complete;
(ii) the date described in subsection (d)(2); and
(iii) the effective date of a determination of the
Secretary not to authorize livestock grazing or other use by
livestock under subsection (c)(1).
(2) Administration.--Subject to valid existing rights, the
Secretary shall manage the Williams Fork Mountains Wilderness
in accordance with--
(A) the Colorado Wilderness Act of 1993 (16 U.S.C. 1132
note; Public Law 103-77); and
(B) this part.
SEC. 114. TENMILE RECREATION MANAGEMENT AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 17,122 acres of Federal land in the White River
National Forest in the State, as generally depicted as
``Proposed Tenmile Recreation Management Area'' on the map
entitled ``Tenmile Proposal'' and dated June 24, 2019, are
designated as the ``Tenmile Recreation Management Area''.
(b) Purposes.--The purposes of the Recreation Management
Area are to conserve, protect, and enhance for the benefit
and enjoyment of present and future generations the
recreational, scenic, watershed, habitat, and ecological
resources of the Recreation Management Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Recreation
Management Area--
(A) in a manner that conserves, protects, and enhances--
(i) the purposes of the Recreation Management Area
described in subsection (b); and
(ii) recreation opportunities, including mountain biking,
hiking, fishing, horseback riding, snowshoeing, climbing,
skiing, camping, and hunting; and
(B) in accordance with--
(i) the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.);
(ii) any other applicable laws (including regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow such uses
of the Recreation Management Area as the Secretary determines
would further the purposes described in subsection (b).
(B) Vehicles.--
(i) In general.--Except as provided in clause (iii), the
use of motorized vehicles in the Recreation Management Area
shall be limited to the roads, vehicle classes, and periods
authorized for motorized vehicle use on the date of enactment
of this subtitle.
(ii) New or temporary roads.--Except as provided in clause
(iii), no new or temporary road shall be constructed in the
Recreation Management Area.
(iii) Exceptions.--Nothing in clause (i) or (ii) prevents
the Secretary from--
(I) rerouting or closing an existing road or trail to
protect natural resources from degradation, as the Secretary
determines to be appropriate;
(II) authorizing the use of motorized vehicles for
administrative purposes or roadside camping;
(III) constructing temporary roads or permitting the use of
motorized vehicles to carry out pre- or post-fire watershed
protection projects;
(IV) authorizing the use of motorized vehicles to carry out
any activity described in subsection (d), (e)(1), or (f); or
(V) responding to an emergency.
(C) Commercial timber.--
[[Page H4848]]
(i) In general.--Subject to clause (ii), no project shall
be carried out in the Recreation Management Area for the
purpose of harvesting commercial timber.
(ii) Limitation.--Nothing in clause (i) prevents the
Secretary from harvesting or selling a merchantable product
that is a byproduct of an activity authorized under this
section.
(d) Fire, Insects, and Diseases.--The Secretary may carry
out any activity, in accordance with applicable laws
(including regulations), that the Secretary determines to be
necessary to prevent, control, or mitigate fire, insects, or
disease in the Recreation Management Area, subject to such
terms and conditions as the Secretary determines to be
appropriate.
(e) Water.--
(1) Effect on water management infrastructure.--Nothing in
this section affects the construction, repair,
reconstruction, replacement, operation, maintenance, or
renovation within the Recreation Management Area of--
(A) water management infrastructure in existence on the
date of enactment of this subtitle; or
(B) any future infrastructure necessary for the development
or exercise of water rights decreed before the date of
enactment of this subtitle.
(2) Applicable law.--Section 3(e) of the James Peak
Wilderness and Protection Area Act (Public Law 107-216; 116
Stat. 1058) shall apply to the Recreation Management Area.
(f) Regional Transportation Projects.--Nothing in this
section precludes the Secretary from authorizing, in
accordance with applicable laws (including regulations), the
use or leasing of Federal land within the Recreation
Management Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(g) Applicable Law.--Nothing in this section affects the
designation of the Federal land within the Recreation
Management Area for purposes of--
(1) section 138 of title 23, United States Code; or
(2) section 303 of title 49, United States Code.
(h) Permits.--Nothing in this section alters or limits--
(1) any permit held by a ski area or other entity; or
(2) the acceptance, review, or implementation of associated
activities or facilities proposed or authorized by law or
permit outside the boundaries of the Recreation Management
Area.
SEC. 115. PORCUPINE GULCH WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 8,287 acres of Federal land located in the
White River National Forest, as generally depicted as
``Proposed Porcupine Gulch Wildlife Conservation Area'' on
the map entitled ``Porcupine Gulch Wildlife Conservation Area
Proposal'' and dated June 24, 2019, are designated as the
``Porcupine Gulch Wildlife Conservation Area'' (referred to
in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation
Area are--
(1) to conserve and protect a wildlife migration corridor
over Interstate 70; and
(2) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the wildlife,
scenic, roadless, watershed, and ecological resources of the
Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and enhances the
purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.);
(ii) any other applicable laws (including regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow such uses
of the Wildlife Conservation Area as the Secretary determines
would further the purposes described in subsection (b).
(B) Recreation.--The Secretary may permit such recreational
activities in the Wildlife Conservation Area that the
Secretary determines are consistent with the purposes
described in subsection (b).
(C) Motorized vehicles and mechanized transport; new or
temporary roads.--
(i) Motorized vehicles and mechanized transport.--Except as
provided in clause (iii), the use of motorized vehicles and
mechanized transport in the Wildlife Conservation Area shall
be prohibited.
(ii) New or temporary roads.--Except as provided in clause
(iii) and subsection (e), no new or temporary road shall be
constructed within the Wildlife Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or (ii) prevents
the Secretary from--
(I) authorizing the use of motorized vehicles or mechanized
transport for administrative purposes;
(II) constructing temporary roads or permitting the use of
motorized vehicles or mechanized transport to carry out pre-
or post-fire watershed protection projects;
(III) authorizing the use of motorized vehicles or
mechanized transport to carry out activities described in
subsection (d) or (e); or
(IV) responding to an emergency.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no project shall
be carried out in the Wildlife Conservation Area for the
purpose of harvesting commercial timber.
(ii) Limitation.--Nothing in clause (i) prevents the
Secretary from harvesting or selling a merchantable product
that is a byproduct of an activity authorized under this
section.
(d) Fire, Insects, and Diseases.--The Secretary may carry
out any activity, in accordance with applicable laws
(including regulations), that the Secretary determines to be
necessary to prevent, control, or mitigate fire, insects, or
disease in the Wildlife Conservation Area, subject to such
terms and conditions as the Secretary determines to be
appropriate.
(e) Regional Transportation Projects.--Nothing in this
section or section 120(f) precludes the Secretary from
authorizing, in accordance with applicable laws (including
regulations), the use or leasing of Federal land within the
Wildlife Conservation Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(f) Applicable Law.--Nothing in this section affects the
designation of the Federal land within the Wildlife
Conservation Area for purposes of--
(1) section 138 of title 23, United States Code; or
(2) section 303 of title 49, United States Code.
(g) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058)
shall apply to the Wildlife Conservation Area.
SEC. 116. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 3,528 acres of Federal land in the White River
National Forest in the State, as generally depicted as
``Proposed Williams Fork Mountains Wildlife Conservation
Area'' on the map entitled ``Williams Fork Mountains
Proposal'' and dated June 24, 2019, are designated as the
``Williams Fork Mountains Wildlife Conservation Area''
(referred to in this section as the ``Wildlife Conservation
Area'').
(b) Purposes.--The purposes of the Wildlife Conservation
Area are to conserve, protect, and enhance for the benefit
and enjoyment of present and future generations the wildlife,
scenic, roadless, watershed, recreational, and ecological
resources of the Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and enhances the
purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.);
(ii) any other applicable laws (including regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow such uses
of the Wildlife Conservation Area as the Secretary determines
would further the purposes described in subsection (b).
(B) Motorized vehicles.--
(i) In general.--Except as provided in clause (iii), the
use of motorized vehicles in the Wildlife Conservation Area
shall be limited to designated roads and trails.
(ii) New or temporary roads.--Except as provided in clause
(iii), no new or temporary road shall be constructed in the
Wildlife Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or (ii) prevents
the Secretary from--
(I) authorizing the use of motorized vehicles for
administrative purposes;
(II) authorizing the use of motorized vehicles to carry out
activities described in subsection (d); or
(III) responding to an emergency.
(C) Bicycles.--The use of bicycles in the Wildlife
Conservation Area shall be limited to designated roads and
trails.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no project shall
be carried out in the Wildlife Conservation Area for the
purpose of harvesting commercial timber.
(ii) Limitation.--Nothing in clause (i) prevents the
Secretary from harvesting or selling a merchantable product
that is a byproduct of an activity authorized under this
section.
(E) Grazing.--The laws (including regulations) and policies
followed by the Secretary in issuing and administering
grazing permits or leases on land under the jurisdiction of
the Secretary shall continue to apply with regard to the land
in the Wildlife Conservation Area, consistent with the
purposes described in subsection (b).
(d) Fire, Insects, and Diseases.--The Secretary may carry
out any activity, in accordance with applicable laws
(including regulations), that the Secretary determines to
[[Page H4849]]
be necessary to prevent, control, or mitigate fire, insects,
or disease in the Wildlife Conservation Area, subject to such
terms and conditions as the Secretary determines to be
appropriate.
(e) Regional Transportation Projects.--Nothing in this
section or section 120(f) precludes the Secretary from
authorizing, in accordance with applicable laws (including
regulations), the use or leasing of Federal land within the
Wildlife Conservation Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(f) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058)
shall apply to the Wildlife Conservation Area.
SEC. 117. CAMP HALE NATIONAL HISTORIC LANDSCAPE.
(a) Designation.--Subject to valid existing rights, the
approximately 28,676 acres of Federal land in the White River
National Forest in the State, as generally depicted as
``Proposed Camp Hale National Historic Landscape'' on the map
entitled ``Camp Hale National Historic Landscape Proposal''
and dated June 24, 2019, are designated the ``Camp Hale
National Historic Landscape''.
(b) Purposes.--The purposes of the Historic Landscape are--
(1) to provide for--
(A) the interpretation of historic events, activities,
structures, and artifacts of the Historic Landscape,
including with respect to the role of the Historic Landscape
in local, national, and world history;
(B) the historic preservation of the Historic Landscape,
consistent with--
(i) the designation of the Historic Landscape as a national
historic site; and
(ii) the other purposes of the Historic Landscape;
(C) recreational opportunities, with an emphasis on the
activities related to the historic use of the Historic
Landscape, including skiing, snowshoeing, snowmobiling,
hiking, horseback riding, climbing, other road- and trail-
based activities, and other outdoor activities; and
(D) the continued environmental remediation and removal of
unexploded ordnance at the Camp Hale Formerly Used Defense
Site and the Camp Hale historic cantonment area; and
(2) to conserve, protect, restore, and enhance for the
benefit and enjoyment of present and future generations the
scenic, watershed, and ecological resources of the Historic
Landscape.
(c) Management.--
(1) In general.--The Secretary shall manage the Historic
Landscape in accordance with--
(A) the purposes of the Historic Landscape described in
subsection (b); and
(B) any other applicable laws (including regulations).
(2) Management plan.--
(A) In general.--Not later than 5 years after the date of
enactment of this subtitle, the Secretary shall prepare a
management plan for the Historic Landscape.
(B) Contents.--The management plan prepared under
subparagraph (A) shall include plans for--
(i) improving the interpretation of historic events,
activities, structures, and artifacts of the Historic
Landscape, including with respect to the role of the Historic
Landscape in local, national, and world history;
(ii) conducting historic preservation and veteran outreach
and engagement activities;
(iii) managing recreational opportunities, including the
use and stewardship of--
(I) the road and trail systems; and
(II) dispersed recreation resources;
(iv) the conservation, protection, restoration, or
enhancement of the scenic, watershed, and ecological
resources of the Historic Landscape, including--
(I) conducting the restoration and enhancement project
under subsection (d);
(II) forest fuels, wildfire, and mitigation management; and
(III) watershed health and protection;
(v) environmental remediation and, consistent with
subsection (e)(2), the removal of unexploded ordnance; and
(vi) managing the Historic Landscape in accordance with
subsection (g).
(3) Explosive hazards.--The Secretary shall provide to the
Secretary of the Army a notification of any unexploded
ordnance (as defined in section 101(e) of title 10, United
States Code) that is discovered in the Historic Landscape.
(d) Camp Hale Restoration and Enhancement Project.--
(1) In general.--The Secretary shall conduct a restoration
and enhancement project in the Historic Landscape--
(A) to improve aquatic, riparian, and wetland conditions in
and along the Eagle River and tributaries of the Eagle River;
(B) to maintain or improve recreation and interpretive
opportunities and facilities; and
(C) to conserve historic values in the Camp Hale area.
(2) Coordination.--In carrying out the project described in
paragraph (1), the Secretary shall coordinate with, and
provide the opportunity to collaborate on the project to--
(A) the Corps of Engineers;
(B) the Camp Hale-Eagle River Headwaters Collaborative
Group;
(C) the National Forest Foundation;
(D) the Colorado Department of Public Health and
Environment;
(E) the Colorado State Historic Preservation Office;
(F) the Colorado Department of Natural Resources;
(G) units of local government; and
(H) other interested organizations and members of the
public.
(e) Environmental Remediation.--
(1) In general.--The Secretary of the Army shall continue
to carry out the projects and activities of the Department of
the Army in existence on the date of enactment of this
subtitle relating to cleanup of--
(A) the Camp Hale Formerly Used Defense Site; or
(B) the Camp Hale historic cantonment area.
(2) Removal of unexploded ordnance.--
(A) In general.--The Secretary of the Army may remove
unexploded ordnance (as defined in section 101(e) of title
10, United States Code) from the Historic Landscape, as the
Secretary of the Army determines to be appropriate in
accordance with applicable law (including regulations).
(B) Action on receipt of notice.--On receipt from the
Secretary of a notification of unexploded ordnance under
subsection (c)(3), the Secretary of the Army may remove the
unexploded ordnance in accordance with--
(i) the program for environmental restoration of formerly
used defense sites under section 2701 of title 10, United
States Code;
(ii) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.); and
(iii) any other applicable provision of law (including
regulations).
(3) Effect of subsection.--Nothing in this subsection
modifies any obligation in existence on the date of enactment
of this subtitle relating to environmental remediation or
removal of any unexploded ordnance located in or around the
Camp Hale historic cantonment area, the Camp Hale Formerly
Used Defense Site, or the Historic Landscape, including such
an obligation under--
(A) the program for environmental restoration of formerly
used defense sites under section 2701 of title 10, United
States Code;
(B) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or
(C) any other applicable provision of law (including
regulations).
(f) Interagency Agreement.--The Secretary and the Secretary
of the Army shall enter into an agreement--
(1) to specify--
(A) the activities of the Secretary relating to the
management of the Historic Landscape; and
(B) the activities of the Secretary of the Army relating to
environmental remediation and the removal of unexploded
ordnance in accordance with subsection (e) and other
applicable laws (including regulations); and
(2) to require the Secretary to provide to the Secretary of
the Army, by not later than 1 year after the date of
enactment of this subtitle and periodically thereafter, as
appropriate, a management plan for the Historic Landscape for
purposes of the removal activities described in subsection
(e).
(g) Effect.--Nothing in this section--
(1) affects the jurisdiction of the State over any water
law, water right, or adjudication or administration relating
to any water resource;
(2) affects any water right in existence on the date of
enactment of this subtitle, or the exercise of such a water
right, including--
(A) a water right subject to an interstate water compact
(including full development of any apportionment made in
accordance with such a compact);
(B) a water right decreed within, above, below, or through
the Historic Landscape;
(C) a change, exchange, plan for augmentation, or other
water decree with respect to a water right, including a
conditional water right, in existence on the date of
enactment of this subtitle--
(i) that is consistent with the purposes described in
subsection (b); and
(ii) that does not result in diversion of a greater flow
rate or volume of water for such a water right in existence
on the date of enactment of this subtitle;
(D) a water right held by the United States;
(E) the management or operation of any reservoir, including
the storage, management, release, or transportation of water;
and
(F) the construction or operation of such infrastructure as
is determined to be necessary by an individual or entity
holding water rights to develop and place to beneficial use
those rights, subject to applicable Federal, State, and local
law (including regulations);
(3) constitutes an express or implied reservation by the
United States of any reserved or appropriative water right;
(4) alters or limits--
(A) a permit held by a ski area;
(B) the implementation of activities governed by a ski area
permit; or
(C) the authority of the Secretary to modify or expand an
existing ski area permit;
(5) prevents the Secretary from closing portions of the
Historic Landscape for public safety, environmental
remediation, or other use in accordance with applicable laws;
or
(6) affects--
(A) any special use permit in effect on the date of
enactment of this subtitle; or
[[Page H4850]]
(B) the renewal of a permit described in subparagraph (A).
(h) Funding.--
(1) In general.--There is established in the general fund
of the Treasury a special account, to be known as the ``Camp
Hale Historic Preservation and Restoration Fund''.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Camp Hale Historic Preservation and
Restoration Fund $10,000,000, to be available to the
Secretary until expended, for activities relating to historic
interpretation, preservation, and restoration carried out in
and around the Historic Landscape.
(i) Designation of Overlook.--The interpretive site located
beside United States Route 24 in the State, at 39.431N
106.323W, is designated as the ``Sandy Treat Overlook''.
SEC. 118. WHITE RIVER NATIONAL FOREST BOUNDARY MODIFICATION.
(a) In General.--The boundary of the White River National
Forest is modified to include the approximately 120 acres
comprised of the SW\1/4\, the SE\1/4\, and the NE\1/4\ of the
SE\1/4\ of sec. 1, T. 2 S., R. 80 W., 6th Principal Meridian,
in Summit County in the State.
(b) Land and Water Conservation Fund.--For purposes of
section 200306 of title 54, United States Code, the
boundaries of the White River National Forest, as modified by
subsection (a), shall be considered to be the boundaries of
the White River National Forest as in existence on January 1,
1965.
SEC. 119. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS
BOUNDARY ADJUSTMENT.
(a) Purpose.--The purpose of this section is to provide for
the ongoing maintenance and use of portions of the Trail
River Ranch and the associated property located within Rocky
Mountain National Park in Grand County in the State.
(b) Boundary Adjustment.--Section 1952(b) of the Omnibus
Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 1070) is amended by adding at the end the following:
``(3) Boundary adjustment.--The boundary of the Potential
Wilderness is modified to exclude the area comprising
approximately 15.5 acres of land identified as `Potential
Wilderness to Non-wilderness' on the map entitled `Rocky
Mountain National Park Proposed Wilderness Area Amendment'
and dated January 16, 2018.''.
SEC. 120. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this part affects the
jurisdiction or responsibility of the State with respect to
fish and wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this part or an amendment made
by this part establishes a protective perimeter or buffer
zone around--
(A) a covered area;
(B) a wilderness area or potential wilderness area
designated by section 113;
(C) the Recreation Management Area;
(D) a Wildlife Conservation Area; or
(E) the Historic Landscape.
(2) Outside activities.--The fact that a nonwilderness
activity or use on land outside of an area described in
paragraph (1) can be seen or heard from within the applicable
area described in paragraph (1) shall not preclude the
activity or use outside the boundary of the applicable area
described in paragraph (1).
(c) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this part affects the treaty
rights of an Indian Tribe.
(2) Traditional tribal uses.--Subject to any terms and
conditions that the Secretary determines to be necessary and
in accordance with applicable law, the Secretary shall allow
for the continued use of the areas described in subsection
(b)(1) by members of Indian Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other materials.
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this subtitle, the Secretary shall file maps and
legal descriptions of each area described in subsection
(b)(1) with--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Force of law.--Each map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this part, except that the Secretary may
correct any typographical errors in the maps and legal
descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(e) Acquisition of Land.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundaries of an area described
in subsection (b)(1) only through exchange, donation, or
purchase from a willing seller.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness area, Recreation
Management Area, Wildlife Conservation Area, or Historic
Landscape, as applicable, in which the land or interest in
land is located.
(f) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this subtitle, the areas described
in subsection (b)(1) are withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(g) Military Overflights.--Nothing in this part or an
amendment made by this part restricts or precludes--
(1) any low-level overflight of military aircraft over any
area subject to this part or an amendment made by this part,
including military overflights that can be seen, heard, or
detected within such an area;
(2) flight testing or evaluation over an area described in
paragraph (1); or
(3) the use or establishment of--
(A) any new unit of special use airspace over an area
described in paragraph (1); or
(B) any military flight training or transportation over
such an area.
(h) Sense of Congress.--It is the sense of Congress that
military aviation training on Federal public land in the
State, including the training conducted at the High-Altitude
Army National Guard Aviation Training Site, is critical to
the national security of the United States and the readiness
of the Armed Forces.
PART 2--SAN JUAN MOUNTAINS
SEC. 131. DEFINITIONS.
In this part:
(1) Covered land.--The term ``covered land'' means--
(A) land designated as wilderness under paragraphs (27)
through (29) of section 2(a) of the Colorado Wilderness Act
of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by
section 132); and
(B) a Special Management Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Special management area.--The term ``Special Management
Area'' means each of--
(A) the Sheep Mountain Special Management Area designated
by section 133(a)(1); and
(B) the Liberty Bell East Special Management Area
designated by section 133(a)(2).
SEC. 132. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION
SYSTEM.
Section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as amended by section
122(a)(2)) is amended by adding at the end the following:
``(27) Lizard head wilderness addition.--Certain Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 3,141 acres, as generally
depicted on the map entitled `Proposed Wilson, Sunshine,
Black Face and San Bernardo Additions to the Lizard Head
Wilderness' and dated September 6, 2018, which is
incorporated in, and shall be administered as part of, the
Lizard Head Wilderness.
``(28) Mount sneffels wilderness additions.--
``(A) Liberty bell and last dollar additions.--Certain
Federal land in the Grand Mesa, Uncompahgre, and Gunnison
National Forests comprising approximately 7,235 acres, as
generally depicted on the map entitled `Proposed Liberty Bell
and Last Dollar Additions to the Mt. Sneffels Wilderness,
Liberty Bell East Special Management Area' and dated
September 6, 2018, which is incorporated in, and shall be
administered as part of, the Mount Sneffels Wilderness.
``(B) Whitehouse additions.--Certain Federal land in the
Grand Mesa, Uncompahgre, and Gunnison National Forests
comprising approximately 12,465 acres, as generally depicted
on the map entitled `Proposed Whitehouse Additions to the Mt.
Sneffels Wilderness' and dated September 6, 2018, which is
incorporated in, and shall be administered as part of, the
Mount Sneffels Wilderness.
``(29) Mckenna peak wilderness.--Certain Federal land in
the State of Colorado comprising approximately 8,884 acres of
Bureau of Land Management land, as generally depicted on the
map entitled `Proposed McKenna Peak Wilderness Area' and
dated September 18, 2018, to be known as the `McKenna Peak
Wilderness'.''.
SEC. 133. SPECIAL MANAGEMENT AREAS.
(a) Designation.--
(1) Sheep mountain special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison and San
Juan National Forests in the State comprising approximately
21,663 acres, as generally depicted on the map entitled
``Proposed Sheep Mountain Special Management Area'' and dated
September 19, 2018, is designated as the ``Sheep Mountain
Special Management Area''.
(2) Liberty bell east special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests in the State comprising approximately 792 acres, as
generally depicted on the map entitled ``Proposed Liberty
Bell and Last Dollar Additions to the Mt. Sneffels
Wilderness, Liberty Bell East Special Management Area'' and
dated September 6, 2018, is designated as the ``Liberty Bell
East Special Management Area''.
(b) Purpose.--The purpose of the Special Management Areas
is to conserve and protect for the benefit and enjoyment of
present and future generations the geological, cultural,
archaeological, paleontological, natural, scientific,
recreational, wilderness, wildlife, riparian, historical,
educational, and scenic resources of the Special Management
Areas.
(c) Management.--
(1) In general.--The Secretary shall manage the Special
Management Areas in a manner that--
[[Page H4851]]
(A) conserves, protects, and enhances the resources and
values of the Special Management Areas described in
subsection (b);
(B) subject to paragraph (3), maintains or improves the
wilderness character of the Special Management Areas and the
suitability of the Special Management Areas for potential
inclusion in the National Wilderness Preservation System; and
(C) is in accordance with--
(i) the National Forest Management Act of 1976 (16 U.S.C.
1600 et seq.);
(ii) this part; and
(iii) any other applicable laws.
(2) Prohibitions.--The following shall be prohibited in the
Special Management Areas:
(A) Permanent roads.
(B) Except as necessary to meet the minimum requirements
for the administration of the Federal land, to provide access
for abandoned mine cleanup, and to protect public health and
safety--
(i) the use of motor vehicles, motorized equipment, or
mechanical transport (other than as provided in paragraph
(3)); and
(ii) the establishment of temporary roads.
(3) Authorized activities.--
(A) In general.--The Secretary may allow any activities
(including helicopter access for recreation and maintenance
and the competitive running event permitted since 1992) that
have been authorized by permit or license as of the date of
enactment of this subtitle to continue within the Special
Management Areas, subject to such terms and conditions as the
Secretary may require.
(B) Permitting.--The designation of the Special Management
Areas by subsection (a) shall not affect the issuance of
permits relating to the activities covered under subparagraph
(A) after the date of enactment of this subtitle.
(C) Bicycles.--The Secretary may permit the use of bicycles
in--
(i) the portion of the Sheep Mountain Special Management
Area identified as ``Ophir Valley Area'' on the map entitled
``Proposed Sheep Mountain Special Management Area'' and dated
September 19, 2018; and
(ii) the portion of the Liberty Bell East Special
Management Area identified as ``Liberty Bell Corridor'' on
the map entitled ``Proposed Liberty Bell and Last Dollar
Additions to the Mt. Sneffels Wilderness, Liberty Bell East
Special Management Area'' and dated September 6, 2018.
(d) Applicable Law.--Water and water rights in the Special
Management Areas shall be administered in accordance with
section 8 of the Colorado Wilderness Act of 1993 (Public Law
103-77; 107 Stat. 762), except that, for purposes of this
part--
(1) any reference contained in that section to ``the lands
designated as wilderness by this Act'', ``the Piedra,
Roubideau, and Tabeguache areas identified in section 9 of
this Act, or the Bowen Gulch Protection Area or the Fossil
Ridge Recreation Management Area identified in sections 5 and
6 of this Act'', or ``the areas described in sections 2, 5,
6, and 9 of this Act'' shall be considered to be a reference
to ``the Special Management Areas''; and
(2) any reference contained in that section to ``this Act''
shall be considered to be a reference to this subtitle.
SEC. 134. RELEASE OF WILDERNESS STUDY AREAS.
(a) Dominguez Canyon Wilderness Study Area.--Subtitle E of
title II of Public Law 111-11 is amended--
(1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as
section 2409; and
(2) by inserting after section 2407 (16 U.S.C. 460zzz-6)
the following:
``SEC. 2408. RELEASE.
``(a) In General.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)), the portions of the Dominguez
Canyon Wilderness Study Area not designated as wilderness by
this subtitle have been adequately studied for wilderness
designation.
``(b) Release.--Any public land referred to in subsection
(a) that is not designated as wilderness by this subtitle--
``(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
``(2) shall be managed in accordance with this subtitle and
any other applicable laws.''.
(b) McKenna Peak Wilderness Study Area.--
(1) In general.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)), the portions of the McKenna Peak
Wilderness Study Area in San Miguel County in the State not
designated as wilderness by paragraph (29) of section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) (as added by section 132) have been
adequately studied for wilderness designation.
(2) Release.--Any public land referred to in paragraph (1)
that is not designated as wilderness by paragraph (29) of
section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as added by section
132)--
(A) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(B) shall be managed in accordance with applicable laws.
SEC. 135. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this part affects the
jurisdiction or responsibility of the State with respect to
fish and wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this part establishes a
protective perimeter or buffer zone around covered land.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use on land outside of the covered
land can be seen or heard from within covered land shall not
preclude the activity or use outside the boundary of the
covered land.
(c) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this part affects the treaty
rights of any Indian Tribe, including rights under the
Agreement of September 13, 1873, ratified by the Act of April
29, 1874 (18 Stat. 36, chapter 136).
(2) Traditional tribal uses.--Subject to any terms and
conditions as the Secretary determines to be necessary and in
accordance with applicable law, the Secretary shall allow for
the continued use of the covered land by members of Indian
Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other materials.
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this subtitle, the Secretary or the Secretary of
the Interior, as appropriate, shall file a map and a legal
description of each wilderness area designated by paragraphs
(27) through (29) of section 2(a) of the Colorado Wilderness
Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as
added by section 132) and the Special Management Areas with--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Force of law.--Each map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this part, except that the Secretary or the
Secretary of the Interior, as appropriate, may correct any
typographical errors in the maps and legal descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management and the Forest Service.
(e) Acquisition of Land.--
(1) In general.--The Secretary or the Secretary of the
Interior, as appropriate, may acquire any land or interest in
land within the boundaries of a Special Management Area or
the wilderness designated under paragraphs (27) through (29)
of section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as added by section
132) only through exchange, donation, or purchase from a
willing seller.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness or Special
Management Area in which the land or interest in land is
located.
(f) Grazing.--The grazing of livestock on covered land, if
established before the date of enactment of this subtitle,
shall be permitted to continue subject to such reasonable
regulations as are considered to be necessary by the
Secretary with jurisdiction over the covered land, in
accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the applicable guidelines set forth in Appendix A of
the report of the Committee on Interior and Insular Affairs
of the House of Representatives accompanying H.R. 2570 of the
101st Congress (H. Rept. 101-405) or H.R. 5487 of the 96th
Congress (H. Rept. 96-617).
(g) Fire, Insects, and Diseases.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)),
the Secretary with jurisdiction over a wilderness area
designated by paragraphs (27) through (29) of section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) (as added by section 132) may carry out
any activity in the wilderness area that the Secretary
determines to be necessary for the control of fire, insects,
and diseases, subject to such terms and conditions as the
Secretary determines to be appropriate.
(h) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this subtitle, the covered land and
the approximately 6,590 acres generally depicted on the map
entitled ``Proposed Naturita Canyon Mineral Withdrawal Area''
and dated September 6, 2018, is withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
PART 3--THOMPSON DIVIDE
SEC. 141. PURPOSES.
The purposes of this part are--
(1) subject to valid existing rights, to withdraw certain
Federal land in the Thompson Divide area from mineral and
other disposal laws in order to protect the agricultural,
ranching, wildlife, air quality, recreation, ecological, and
scenic values of the area; and
(2) to promote the capture of fugitive methane emissions
that would otherwise be emitted into the atmosphere--
(A) to reduce methane gas emissions; and
(B) to provide--
(i) new renewable electricity supplies and other beneficial
uses of fugitive methane emissions; and
(ii) increased royalties for taxpayers.
SEC. 142. DEFINITIONS.
In this part:
[[Page H4852]]
(1) Fugitive methane emissions.--The term ``fugitive
methane emissions'' means methane gas from the Federal land
in Garfield, Gunnison, Delta, or Pitkin County in the State,
as generally depicted on the pilot program map as ``Fugitive
Coal Mine Methane Use Pilot Program Area'', that would leak
or be vented into the atmosphere from an active, inactive, or
abandoned underground coal mine.
(2) Pilot program.--The term ``pilot program'' means the
Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program established by section 145(a)(1).
(3) Pilot program map.--The term ``pilot program map''
means the map entitled ``Greater Thompson Divide Fugitive
Coal Mine Methane Use Pilot Program Area'' and dated June 17,
2019.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Thompson divide lease.--
(A) In general.--The term ``Thompson Divide lease'' means
any oil or gas lease in effect on the date of enactment of
this subtitle within the Thompson Divide Withdrawal and
Protection Area.
(B) Exclusions.--The term ``Thompson Divide lease'' does
not include any oil or gas lease that--
(i) is associated with a Wolf Creek Storage Field
development right; or
(ii) before the date of enactment of this subtitle, has
expired, been cancelled, or otherwise terminated.
(6) Thompson divide map.--The term ``Thompson Divide map''
means the map entitled ``Greater Thompson Divide Area Map''
and dated June 13, 2019.
(7) Thompson divide withdrawal and protection area.--The
term ``Thompson Divide Withdrawal and Protection Area'' means
the Federal land and minerals generally depicted on the
Thompson Divide map as the ``Thompson Divide Withdrawal and
Protection Area''.
(8) Wolf creek storage field development right.--
(A) In general.--The term ``Wolf Creek Storage Field
development right'' means a development right for any of the
Federal mineral leases numbered COC 007496, COC 007497, COC
007498, COC 007499, COC 007500, COC 007538, COC 008128, COC
015373, COC 0128018, COC 051645, and COC 051646, as generally
depicted on the Thompson Divide map as ``Wolf Creek Storage
Agreement''.
(B) Exclusions.--The term ``Wolf Creek Storage Field
development right'' does not include any storage right or
related activity within the area described in subparagraph
(A).
SEC. 143. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.
(a) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this subtitle, the Thompson Divide
Withdrawal and Protection Area is withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(b) Surveys.--The exact acreage and legal description of
the Thompson Divide Withdrawal and Protection Area shall be
determined by surveys approved by the Secretary, in
consultation with the Secretary of Agriculture.
(c) Grazing.--Nothing in this subtitle affects the
administration of grazing in the Thompson Divide Withdrawal
and Protection Area.
SEC. 144. THOMPSON DIVIDE LEASE EXCHANGE.
(a) In General.--In exchange for the relinquishment by a
leaseholder of all Thompson Divide leases of the leaseholder,
the Secretary may issue to the leaseholder credits for any
bid, royalty, or rental payment due under any Federal oil or
gas lease on Federal land in the State, in accordance with
subsection (b).
(b) Amount of Credits.--
(1) In general.--Subject to paragraph (2), the amount of
the credits issued to a leaseholder of a Thompson Divide
lease relinquished under subsection (a) shall--
(A) be equal to the sum of--
(i) the amount of the bonus bids paid for the applicable
Thompson Divide leases;
(ii) the amount of any rental paid for the applicable
Thompson Divide leases as of the date on which the
leaseholder submits to the Secretary a notice of the decision
to relinquish the applicable Thompson Divide leases; and
(iii) the amount of any expenses incurred by the
leaseholder of the applicable Thompson Divide leases in the
preparation of any drilling permit, sundry notice, or other
related submission in support of the development of the
applicable Thompson Divide leases as of January 28, 2019,
including any expenses relating to the preparation of any
analysis under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(B) require the approval of the Secretary.
(2) Exclusion.--The amount of a credit issued under
subsection (a) shall not include any expenses paid by the
leaseholder of a Thompson Divide lease for legal fees or
related expenses for legal work with respect to a Thompson
Divide lease.
(c) Cancellation.--Effective on relinquishment under this
section, and without any additional action by the Secretary,
a Thompson Divide lease--
(1) shall be permanently cancelled; and
(2) shall not be reissued.
(d) Conditions.--
(1) Applicable law.--Except as otherwise provided in this
section, each exchange under this section shall be conducted
in accordance with--
(A) this subtitle; and
(B) other applicable laws (including regulations).
(2) Acceptance of credits.--The Secretary shall accept
credits issued under subsection (a) in the same manner as
cash for the payments described in that subsection.
(3) Applicability.--The use of a credit issued under
subsection (a) shall be subject to the laws (including
regulations) applicable to the payments described in that
subsection, to the extent that the laws are consistent with
this section.
(4) Treatment of credits.--All amounts in the form of
credits issued under subsection (a) accepted by the Secretary
shall be considered to be amounts received for the purposes
of--
(A) section 35 of the Mineral Leasing Act (30 U.S.C. 191);
and
(B) section 20 of the Geothermal Steam Act of 1970 (30
U.S.C. 1019).
(e) Wolf Creek Storage Field Development Rights.--
(1) Conveyance to secretary.--As a condition precedent to
the relinquishment of a Thompson Divide lease, any
leaseholder with a Wolf Creek Storage Field development right
shall permanently relinquish, transfer, and otherwise convey
to the Secretary, in a form acceptable to the Secretary, all
Wolf Creek Storage Field development rights of the
leaseholder.
(2) Limitation of transfer.--An interest acquired by the
Secretary under paragraph (1)--
(A) shall be held in perpetuity; and
(B) shall not be--
(i) transferred;
(ii) reissued; or
(iii) otherwise used for mineral extraction.
SEC. 145. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE METHANE
USE PILOT PROGRAM.
(a) Fugitive Coal Mine Methane Use Pilot Program.--
(1) Establishment.--There is established in the Bureau of
Land Management a pilot program, to be known as the ``Greater
Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program''.
(2) Purpose.--The purpose of the pilot program is to
promote the capture, beneficial use, mitigation, and
sequestration of fugitive methane emissions--
(A) to reduce methane emissions;
(B) to promote economic development;
(C) to produce bid and royalty revenues;
(D) to improve air quality; and
(E) to improve public safety.
(3) Plan.--
(A) In general.--Not later than 180 days after the date of
enactment of this subtitle, the Secretary shall develop a
plan--
(i) to complete an inventory of fugitive methane emissions
in accordance with subsection (b);
(ii) to provide for the leasing of fugitive methane
emissions in accordance with subsection (c); and
(iii) to provide for the capping or destruction of fugitive
methane emissions in accordance with subsection (d).
(B) Coordination.--In developing the plan under this
paragraph, the Secretary shall coordinate with--
(i) the State;
(ii) Garfield, Gunnison, Delta, and Pitkin Counties in the
State;
(iii) lessees of Federal coal within the counties referred
to in clause (ii);
(iv) interested institutions of higher education in the
State; and
(v) interested members of the public.
(b) Fugitive Methane Emission Inventory.--
(1) In general.--Not later than 1 year after the date of
enactment of this subtitle, the Secretary shall complete an
inventory of fugitive methane emissions.
(2) Conduct.--The Secretary may conduct the inventory under
paragraph (1) through, or in collaboration with--
(A) the Bureau of Land Management;
(B) the United States Geological Survey;
(C) the Environmental Protection Agency;
(D) the United States Forest Service;
(E) State departments or agencies;
(F) Garfield, Gunnison, Delta, or Pitkin County in the
State;
(G) the Garfield County Federal Mineral Lease District;
(H) institutions of higher education in the State;
(I) lessees of Federal coal within a county referred to in
subparagraph (F);
(J) the National Oceanic and Atmospheric Administration;
(K) the National Center for Atmospheric Research; or
(L) other interested entities, including members of the
public.
(3) Contents.--The inventory under paragraph (1) shall
include--
(A) the general location and geographic coordinates of each
vent, seep, or other source producing significant fugitive
methane emissions;
(B) an estimate of the volume and concentration of fugitive
methane emissions from each source of significant fugitive
methane emissions, including details of measurements taken
and the basis for that emissions estimate;
(C) an estimate of the total volume of fugitive methane
emissions each year;
(D) relevant data and other information available from--
[[Page H4853]]
(i) the Environmental Protection Agency;
(ii) the Mine Safety and Health Administration;
(iii) the Colorado Department of Natural Resources;
(iv) the Colorado Public Utility Commission;
(v) the Colorado Department of Health and Environment; and
(vi) the Office of Surface Mining Reclamation and
Enforcement; and
(E) such other information as may be useful in advancing
the purposes of the pilot program.
(4) Public participation; disclosure.--
(A) Public participation.--The Secretary shall provide
opportunities for public participation in the inventory under
this subsection.
(B) Availability.--The Secretary shall make the inventory
under this subsection publicly available.
(C) Disclosure.--Nothing in this subsection requires the
Secretary to publicly release information that--
(i) poses a threat to public safety;
(ii) is confidential business information; or
(iii) is otherwise protected from public disclosure.
(5) Use.--The Secretary shall use the inventory in carrying
out--
(A) the leasing program under subsection (c); and
(B) the capping or destruction of fugitive methane
emissions under subsection (d).
(c) Fugitive Methane Emission Leasing Program.--
(1) In general.--Subject to valid existing rights and in
accordance with this section, not later than 1 year after the
date of completion of the inventory required under subsection
(b), the Secretary shall carry out a program to encourage the
use and destruction of fugitive methane emissions.
(2) Fugitive methane emissions from coal mines subject to
lease.--
(A) In general.--The Secretary shall authorize the holder
of a valid existing Federal coal lease for a mine that is
producing fugitive methane emissions to capture for use, or
destroy by flaring, the fugitive methane emissions.
(B) Conditions.--The authority under subparagraph (A) shall
be subject to--
(i) valid existing rights; and
(ii) such terms and conditions as the Secretary may
require.
(C) Limitations.--The program carried out under paragraph
(1) shall only include fugitive methane emissions that can be
captured for use, or destroyed by flaring, in a manner that
does not--
(i) endanger the safety of any coal mine worker; or
(ii) unreasonably interfere with any ongoing operation at a
coal mine.
(D) Cooperation.--
(i) In general.--The Secretary shall work cooperatively
with the holders of valid existing Federal coal leases for
mines that produce fugitive methane emissions to encourage--
(I) the capture of fugitive methane emissions for
beneficial use, such as generating electrical power,
producing usable heat, transporting the methane to market, or
transforming the fugitive methane emissions into a different
marketable material; or
(II) if the beneficial use of the fugitive methane
emissions is not feasible, the destruction of the fugitive
methane emissions by flaring.
(ii) Guidance.--In furtherance of the purposes of this
paragraph, not later than 1 year after the date of enactment
of this subtitle, the Secretary shall issue guidance for the
implementation of Federal authorities and programs to
encourage the capture for use, or destruction by flaring, of
fugitive methane emissions, while minimizing impacts on
natural resources or other public interest values.
(E) Royalties.--The Secretary shall determine whether any
fugitive methane emissions used or destroyed pursuant to this
paragraph are subject to the payment of a royalty under
applicable law.
(3) Fugitive methane emissions from abandoned coal mines.--
(A) In general.--Except as otherwise provided in this
section, notwithstanding section 143, subject to valid
existing rights, and in accordance with section 21 of the
Mineral Leasing Act (30 U.S.C. 241) and any other applicable
law, the Secretary shall--
(i) authorize the capture for use, or destruction by
flaring, of fugitive methane emissions from abandoned coal
mines on Federal land; and
(ii) make available for leasing such fugitive methane
emissions from abandoned coal mines on Federal land as the
Secretary considers to be in the public interest.
(B) Source.--To the maximum extent practicable, the
Secretary shall offer for lease each significant vent, seep,
or other source of fugitive methane emissions from abandoned
coal mines.
(C) Bid qualifications.--A bid to lease fugitive methane
emissions under this paragraph shall specify whether the
prospective lessee intends--
(i) to capture the fugitive methane emissions for
beneficial use, such as generating electrical power,
producing usable heat, transporting the methane to market, or
transforming the fugitive methane emissions into a different
marketable material;
(ii) to destroy the fugitive methane emissions by flaring;
or
(iii) to employ a specific combination of--
(I) capturing the fugitive methane emissions for beneficial
use; and
(II) destroying the fugitive methane emission by flaring.
(D) Priority.--
(i) In general.--If there is more than 1 qualified bid for
a lease under this paragraph, the Secretary shall select the
bid that the Secretary determines is likely to most
significantly advance the public interest.
(ii) Considerations.--In determining the public interest
under clause (i), the Secretary shall take into
consideration--
(I) the size of the overall decrease in the time-integrated
radiative forcing of the fugitive methane emissions;
(II) the impacts to other natural resource values,
including wildlife, water, and air; and
(III) other public interest values, including scenic,
economic, recreation, and cultural values.
(E) Lease form.--
(i) In general.--The Secretary shall develop and provide to
prospective bidders a lease form for leases issued under this
paragraph.
(ii) Due diligence.--The lease form developed under clause
(i) shall include terms and conditions requiring the leased
fugitive methane emissions to be put to beneficial use or
flared by not later than 1 year after the date of issuance of
the lease.
(F) Royalty rate.--The Secretary shall develop a minimum
bid and royalty rate for leases under this paragraph to
advance the purposes of this section, to the maximum extent
practicable.
(d) Sequestration.--If, by not later than 4 years after the
date of enactment of this subtitle, any significant fugitive
methane emissions from abandoned coal mines on Federal land
are not leased under subsection (c)(3), the Secretary shall,
in accordance with applicable law, take all reasonable
measures--
(1) to cap those fugitive methane emissions at the source
in any case in which the cap will result in the long-term
sequestration of all or a significant portion of the fugitive
methane emissions; or
(2) if sequestration under paragraph (1) is not feasible,
destroy the fugitive methane emissions by flaring.
(e) Report to Congress.--Not later than 4 years after the
date of enactment of this subtitle the Secretary shall submit
to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives a report detailing--
(1) the economic and environmental impacts of the pilot
program, including information on increased royalties and
estimates of avoided greenhouse gas emissions; and
(2) any recommendations of the Secretary on whether the
pilot program could be expanded geographically to include
other significant sources of fugitive methane emissions from
coal mines.
SEC. 146. EFFECT.
Except as expressly provided in this part, nothing in this
part--
(1) expands, diminishes, or impairs any valid existing
mineral leases, mineral interest, or other property rights
wholly or partially within the Thompson Divide Withdrawal and
Protection Area, including access to the leases, interests,
rights, or land in accordance with applicable Federal, State,
and local laws (including regulations);
(2) prevents the capture of methane from any active,
inactive, or abandoned coal mine covered by this part, in
accordance with applicable laws; or
(3) prevents access to, or the development of, any new or
existing coal mine or lease in Delta or Gunnison County in
the State.
PART 4--CURECANTI NATIONAL RECREATION AREA
SEC. 151. DEFINITIONS.
In this part:
(1) Map.--The term ``map'' means the map entitled
``Curecanti National Recreation Area, Proposed Boundary'',
numbered 616/100,485C, and dated August 11, 2016.
(2) National recreation area.--The term ``National
Recreation Area'' means the Curecanti National Recreation
Area established by section 152(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 152. CURECANTI NATIONAL RECREATION AREA.
(a) Establishment.--Effective beginning on the earlier of
the date on which the Secretary approves a request under
subsection (c)(2)(B)(i)(I) and the date that is 1 year after
the date of enactment of this subtitle, there shall be
established as a unit of the National Park System the
Curecanti National Recreation Area, in accordance with this
subtitle, consisting of approximately 50,667 acres of land in
the State, as generally depicted on the map as ``Curecanti
National Recreation Area Proposed Boundary''.
(b) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(c) Administration.--
(1) In general.--The Secretary shall administer the
National Recreation Area in accordance with--
(A) this part; and
(B) the laws (including regulations) generally applicable
to units of the National Park System, including section
100101(a), chapter 1003, and sections 100751(a), 100752,
100753, and 102101 of title 54, United States Code.
(2) Dam, power plant, and reservoir management and
operations.--
[[Page H4854]]
(A) In general.--Nothing in this part affects or interferes
with the authority of the Secretary--
(i) to operate the Uncompahgre Valley Reclamation Project
under the reclamation laws;
(ii) to operate the Wayne N. Aspinall Unit of the Colorado
River Storage Project under the Act of April 11, 1956
(commonly known as the ``Colorado River Storage Project
Act'') (43 U.S.C. 620 et seq.); or
(iii) under the Federal Water Project Recreation Act (16
U.S.C. 460l-12 et seq.).
(B) Reclamation land.--
(i) Submission of request to retain administrative
jurisdiction.--If, before the date that is 1 year after the
date of enactment of this subtitle, the Commissioner of
Reclamation submits to the Secretary a request for the
Commissioner of Reclamation to retain administrative
jurisdiction over the minimum quantity of land within the
land identified on the map as ``Lands withdrawn or acquired
for Bureau of Reclamation projects'' that the Commissioner of
Reclamation identifies as necessary for the effective
operation of Bureau of Reclamation water facilities, the
Secretary may--
(I) approve, approve with modifications, or disapprove the
request; and
(II) if the request is approved under subclause (I), make
any modifications to the map that are necessary to reflect
that the Commissioner of Reclamation retains management
authority over the minimum quantity of land required to
fulfill the reclamation mission.
(ii) Transfer of land.--
(I) In general.--Administrative jurisdiction over the land
identified on the map as ``Lands withdrawn or acquired for
Bureau of Reclamation projects'', as modified pursuant to
clause (i)(II), if applicable, shall be transferred from the
Commissioner of Reclamation to the Director of the National
Park Service by not later than the date that is 1 year after
the date of enactment of this subtitle.
(II) Access to transferred land.--
(aa) In general.--Subject to item (bb), the Commissioner of
Reclamation shall retain access to the land transferred to
the Director of the National Park Service under subclause (I)
for reclamation purposes, including for the operation,
maintenance, and expansion or replacement of facilities.
(bb) Memorandum of understanding.--The terms of the access
authorized under item (aa) shall be determined by a
memorandum of understanding entered into between the
Commissioner of Reclamation and the Director of the National
Park Service not later than 1 year after the date of
enactment of this subtitle.
(3) Management agreements.--
(A) In general.--The Secretary may enter into management
agreements, or modify management agreements in existence on
the date of enactment of this subtitle, relating to the
authority of the Director of the National Park Service, the
Commissioner of Reclamation, the Director of the Bureau of
Land Management, or the Chief of the Forest Service to manage
Federal land within or adjacent to the boundary of the
National Recreation Area.
(B) State land.--The Secretary may enter into cooperative
management agreements for any land administered by the State
that is within or adjacent to the National Recreation Area,
in accordance with the cooperative management authority under
section 101703 of title 54, United States Code.
(4) Recreational activities.--
(A) Authorization.--Except as provided in subparagraph (B),
the Secretary shall allow boating, boating-related
activities, hunting, and fishing in the National Recreation
Area in accordance with applicable Federal and State laws.
(B) Closures; designated zones.--
(i) In general.--The Secretary, acting through the
Superintendent of the National Recreation Area, may designate
zones in which, and establish periods during which, no
boating, hunting, or fishing shall be permitted in the
National Recreation Area under subparagraph (A) for reasons
of public safety, administration, or compliance with
applicable laws.
(ii) Consultation required.--Except in the case of an
emergency, any closure proposed by the Secretary under clause
(i) shall not take effect until after the date on which the
Superintendent of the National Recreation Area consults
with--
(I) the appropriate State agency responsible for hunting
and fishing activities; and
(II) the Board of County Commissioners in each county in
which the zone is proposed to be designated.
(5) Landowner assistance.--On the written request of an
individual that owns private land located not more than 3
miles from the boundary of the National Recreation Area, the
Secretary may work in partnership with the individual to
enhance the long-term conservation of natural, cultural,
recreational, and scenic resources in and around the National
Recreation Area--
(A) by acquiring all or a portion of the private land or
interests in private land located not more than 3 miles from
the boundary of the National Recreation Area by purchase,
exchange, or donation, in accordance with section 153;
(B) by providing technical assistance to the individual,
including cooperative assistance;
(C) through available grant programs; and
(D) by supporting conservation easement opportunities.
(6) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this subtitle, all Federal land
within the National Recreation Area is withdrawn from--
(A) entry, appropriation, and disposal under the public
land laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(7) Grazing.--
(A) State land subject to a state grazing lease.--
(i) In general.--If State land acquired under this part is
subject to a State grazing lease in effect on the date of
acquisition, the Secretary shall allow the grazing to
continue for the remainder of the term of the lease, subject
to the related terms and conditions of user agreements,
including permitted stocking rates, grazing fee levels,
access rights, and ownership and use of range improvements.
(ii) Access.--A lessee of State land may continue to use
established routes within the National Recreation Area to
access State land for purposes of administering the lease if
the use was permitted before the date of enactment of this
subtitle, subject to such terms and conditions as the
Secretary may require.
(B) State and private land.--The Secretary may, in
accordance with applicable laws, authorize grazing on land
acquired from the State or private landowners under section
153, if grazing was established before the date of
acquisition.
(C) Private land.--On private land acquired under section
153 for the National Recreation Area on which authorized
grazing is occurring before the date of enactment of this
subtitle, the Secretary, in consultation with the lessee, may
allow the continuation and renewal of grazing on the land
based on the terms of acquisition or by agreement between the
Secretary and the lessee, subject to applicable law
(including regulations).
(D) Federal land.--The Secretary shall--
(i) allow, consistent with the grazing leases, uses, and
practices in effect as of the date of enactment of this
subtitle, the continuation and renewal of grazing on Federal
land located within the boundary of the National Recreation
Area on which grazing is allowed before the date of enactment
of this subtitle, unless the Secretary determines that
grazing on the Federal land would present unacceptable
impacts (as defined in section 1.4.7.1 of the National Park
Service document entitled ``Management Policies 2006: The
Guide to Managing the National Park System'') to the natural,
cultural, recreational, and scenic resource values and the
character of the land within the National Recreation Area;
and
(ii) retain all authorities to manage grazing in the
National Recreation Area.
(E) Termination of leases.--Within the National Recreation
Area, the Secretary may--
(i) accept the voluntary termination of a lease or permit
for grazing; or
(ii) in the case of a lease or permit vacated for a period
of 3 or more years, terminate the lease or permit.
(8) Water rights.--Nothing in this part--
(A) affects any use or allocation in existence on the date
of enactment of this subtitle of any water, water right, or
interest in water;
(B) affects any vested absolute or decreed conditional
water right in existence on the date of enactment of this
subtitle, including any water right held by the United
States;
(C) affects any interstate water compact in existence on
the date of enactment of this subtitle;
(D) shall be considered to be a relinquishment or reduction
of any water right reserved or appropriated by the United
States in the State on or before the date of enactment of
this subtitle; or
(E) constitutes an express or implied Federal reservation
of any water or water rights with respect to the National
Recreation Area.
(9) Fishing easements.--
(A) In general.--Nothing in this part diminishes or alters
the fish and wildlife program for the Aspinall Unit developed
under section 8 of the Act of April 11, 1956 (commonly known
as the ``Colorado River Storage Project Act'') (70 Stat. 110,
chapter 203; 43 U.S.C. 620g), by the United States Fish and
Wildlife Service, the Bureau of Reclamation, and the Colorado
Division of Wildlife (including any successor in interest to
that division) that provides for the acquisition of public
access fishing easements as mitigation for the Aspinall Unit
(referred to in this paragraph as the ``program'').
(B) Acquisition of fishing easements.--The Secretary shall
continue to fulfill the obligation of the Secretary under the
program to acquire 26 miles of class 1 public fishing
easements to provide to sportsmen access for fishing within
the Upper Gunnison Basin upstream of the Aspinall Unit,
subject to the condition that no existing fishing access
downstream of the Aspinall Unit shall be counted toward the
minimum mileage requirement under the program.
(C) Plan.--Not later than 1 year after the date of
enactment of this subtitle, the Secretary shall develop a
plan for fulfilling the obligation of the Secretary described
in subparagraph (B) by the date that is 10 years after the
date of enactment of this subtitle.
(D) Reports.--Not later than each of 2 years, 5 years, and
8 years after the date of enactment of this subtitle, the
Secretary
[[Page H4855]]
shall submit to Congress a report that describes the progress
made in fulfilling the obligation of the Secretary described
in subparagraph (B).
(d) Tribal Rights and Uses.--
(1) Treaty rights.--Nothing in this part affects the treaty
rights of any Indian Tribe.
(2) Traditional tribal uses.--Subject to any terms and
conditions as the Secretary determines to be necessary and in
accordance with applicable law, the Secretary shall allow for
the continued use of the National Recreation Area by members
of Indian Tribes--
(A) for traditional ceremonies; and
(B) as a source of traditional plants and other materials.
SEC. 153. ACQUISITION OF LAND; BOUNDARY MANAGEMENT.
(a) Acquisition.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundary of the National
Recreation Area.
(2) Manner of acquisition.--
(A) In general.--Subject to subparagraph (B), land
described in paragraph (1) may be acquired under this
subsection by--
(i) donation;
(ii) purchase from willing sellers with donated or
appropriated funds;
(iii) transfer from another Federal agency; or
(iv) exchange.
(B) State land.--Land or interests in land owned by the
State or a political subdivision of the State may only be
acquired by purchase, donation, or exchange.
(b) Transfer of Administrative Jurisdiction.--
(1) Forest service land.--
(A) In general.--Administrative jurisdiction over the
approximately 2,560 acres of land identified on the map as
``U.S. Forest Service proposed transfer to the National Park
Service'' is transferred to the Secretary, to be administered
by the Director of the National Park Service as part of the
National Recreation Area.
(B) Boundary adjustment.--The boundary of the Gunnison
National Forest shall be adjusted to exclude the land
transferred to the Secretary under subparagraph (A).
(2) Bureau of land management land.--Administrative
jurisdiction over the approximately 5,040 acres of land
identified on the map as ``Bureau of Land Management proposed
transfer to National Park Service'' is transferred from the
Director of the Bureau of Land Management to the Director of
the National Park Service, to be administered as part of the
National Recreation Area.
(3) Withdrawal.--Administrative jurisdiction over the land
identified on the map as ``Proposed for transfer to the
Bureau of Land Management, subject to the revocation of
Bureau of Reclamation withdrawal'' shall be transferred to
the Director of the Bureau of Land Management on
relinquishment of the land by the Bureau of Reclamation and
revocation by the Bureau of Land Management of any withdrawal
as may be necessary.
(c) Potential Land Exchange.--
(1) In general.--The withdrawal for reclamation purposes of
the land identified on the map as ``Potential exchange
lands'' shall be relinquished by the Commissioner of
Reclamation and revoked by the Director of the Bureau of Land
Management and the land shall be transferred to the National
Park Service.
(2) Exchange; inclusion in national recreation area.--On
transfer of the land described in paragraph (1), the
transferred land--
(A) may be exchanged by the Secretary for private land
described in section 152(c)(5)--
(i) subject to a conservation easement remaining on the
transferred land, to protect the scenic resources of the
transferred land; and
(ii) in accordance with the laws (including regulations)
and policies governing National Park Service land exchanges;
and
(B) if not exchanged under subparagraph (A), shall be added
to, and managed as a part of, the National Recreation Area.
(d) Addition to National Recreation Area.--Any land within
the boundary of the National Recreation Area that is acquired
by the United States shall be added to, and managed as a part
of, the National Recreation Area.
SEC. 154. GENERAL MANAGEMENT PLAN.
Not later than 3 years after the date on which funds are
made available to carry out this part, the Director of the
National Park Service, in consultation with the Commissioner
of Reclamation, shall prepare a general management plan for
the National Recreation Area in accordance with section
100502 of title 54, United States Code.
SEC. 155. BOUNDARY SURVEY.
The Secretary (acting through the Director of the National
Park Service) shall prepare a boundary survey and legal
description of the National Recreation Area.
Subtitle B--Grand Canyon Protection
SEC. 201. WITHDRAWAL OF CERTAIN FEDERAL LAND IN THE STATE OF
ARIZONA.
(a) Definition Of Map.--In this subtitle, the term ``Map''
means the map prepared by the Bureau of Land Management
entitled ``Grand Canyon Protection Act'' and dated January
22, 2021.
(b) Withdrawal.--Subject to valid existing rights, the
approximately 1,006,545 acres of Federal land in the State of
Arizona, generally depicted on the Map as ``Federal Mineral
Estate to be Withdrawn'', including any land or interest in
land that is acquired by the United States after the date of
the enactment of this subtitle, are hereby withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(c) Availability Of Map.--The Map shall be kept on file and
made available for public inspection in the appropriate
offices of the Forest Service and the Bureau of Land
Management.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from Colorado (Mr. Neguse) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Colorado.
Mr. NEGUSE. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in support of my amendment with Chairman
Grijalva. It would amend H.R. 4350 to add the text of two bills, H.R.
577, the Colorado Outdoor Recreation and Economy Act, and H.R. 1052,
the Grand Canyon Protection Act. These bills have already passed the
House with bipartisan support not once, not twice, but three times.
They would protect our public lands, natural resources, and Tribal
cultural sites and help preserve access to our clean water, clean air,
and a livable environment.
{time} 2330
Of course, as climate change becomes a growing national security
threat, we know that conservation becomes a moral imperative. My bill,
the CORE Act, would conserve over 400,000 acres of public land and
consists of four titles that Coloradans have been asking for Congress
to pass literally for over a decade.
One of those provisions that I would like to focus on tonight is the
Camp Hale and 10th Mountain Division legacy. This includes establishing
the first ever national historic landscape at Camp Hale in my district
in honor of the storied legacy of the Army's 10th Mountain Division in
Colorado and around the world.
It was in the mountains of Colorado that American soldiers received
the training that allowed them to defeat Germans in the northern
Italian Alps and lead our Nation to victory during World War II. Those
same soldiers came back to the State of Colorado and literally built
the modern ski industry in our wonderful State.
Hut visitors share the special spirit of the 10th Mountain Division
in their pursuit of excellence, self-reliance, and love of the
outdoors, and my constituents in Summit County and Eagle County and
across Colorado have been imploring the United States Congress to take
steps to make these protections a reality, literally for years.
As a result, Madam Speaker, I would encourage my colleagues to
support this important amendment to protect our treasured public lands,
and I reserve the balance of my time.
Mr. LAMBORN. Madam Speaker, I rise in opposition to this amendment.
The SPEAKER pro tempore. The gentleman from Colorado is recognized
for 5 minutes.
Mr. LAMBORN. Madam Speaker, I yield myself 1\1/2\ minutes.
I rise in opposition to this amendment because it restricts
approximately 400,000 acres of land in Colorado, and although the
stated goal of the language is to protect and enhance outdoor
recreation--and I agree with that goal as stated--the practical effect
of this amendment would not be that at all.
For one thing, the active management of land that is under wilderness
designation to prevent wildfires is much restricted, if not made
impossible. In a State with a lot of wildfire risk, that is simply not
acceptable.
Rural county commissioners have talked to me and other opponents of
this bill and have raised concerns about negative economic impact of
the withdrawal of 200,000 acres of oil and gas land and what effect
that would have on their communities.
This amendment would also lock away approximately 1 million acres of
public lands in Arizona and permanently ban mining and other multiple-
use activities in that State. This misguided and mistitled land grab
has nothing to do with protecting the
[[Page H4856]]
Grand Canyon. Instead, it seeks to ban development of one of the
largest tracts of uranium deposits in the country.
The result of this is to make us more reliant on adversaries such as
Russia. We already import 97 percent of our uranium from foreign
sources, and that would only become more precarious if this took
effect. Since 2018, the majority of uranium imports have come from
adversarial nations such as Russia.
What this amendment is doing in the National Defense Act makes no
sense at all.
Madam Speaker, I reserve the balance of my time.
Mr. NEGUSE. Madam Speaker, with much respect to my colleague from
Colorado Springs, he knows, because we have debated this amendment
every year for the last 3 years, every time we have successfully added
this amendment to this particular bill, that the statements regarding
this bill and the notion that it locks up land in the way that he
describes is simply not true.
He knows that this bill only includes 73,000 acres of wilderness with
respect to the CORE Act. I know my colleague from Colorado Springs
certainly is aware that this bill includes 80,000 acres for specific
recreational use, to preserve the ability for folks to be able to go
mountain biking and to enjoy those outdoor areas. Of course, that is
why this particular bill has so much support from local communities.
I was a bit surprised, Madam Speaker, to hear this notion that county
commissioners have talked to my colleague from Colorado Springs. I
would suggest that he talk to the county commissioners in Gunnison
County, in Pitkin County, in San Juan County, in San Miguel County, in
Eagle County, or perhaps the city councils in Avon, Basalt, Carbondale,
Crested Butte, Glenwood Springs, perhaps Gunnison, maybe Mountain
Village, Ridgway, Telluride. I don't want to go through all of the
communities, Madam Speaker, because I would expend my entire 5 minutes.
I think my point is fairly clear, which is that this bill has broad
support within the communities that it would impact, and therefore I
would certainly encourage my colleagues again to support this
particular amendment.
Madam Speaker, I reserve the balance of my time.
Mr. LAMBORN. Madam Speaker, let's actually hear from Representatives
who live in these areas.
I yield 1\1/2\ minutes to the gentleman from Arizona (Mr. Gosar).
Mr. GOSAR. Madam Speaker, I rise in strong opposition to this
amendment.
This amendment includes the Grand Canyon Protection Act, falsely
named legislation, which has nothing to do with the Grand Canyon and is
a cover for a giant Federal land grab that hurts our economy and our
national security.
This land grab of over one million acres in my State will destroy as
many as 4,000 jobs and cost $29 billion in sacrificed economic
activity.
Now, I am perplexed that the majority would bring this up under the
National Defense Authorization as this reckless land grab actually
hurts our national security. We heard from the gentleman from Colorado
that these are areas where we have some high grade uranium. In fact,
the costarter of Greenpeace, Michael Shellenberger, has actually said
that if you want a green economy like the other side does, you
definitely have to have nuclear, and this is one of those ways.
But we constantly keep going down this road where we make ourselves
dependent on other countries, like Russia, Uzbekistan, and those areas.
Isn't it interesting that we want to subjugate ourselves to foreign
interests and foreign oversight? That is not the way we should be doing
it. We should have our own way of doing it.
Last but not least, the way uranium is actually leached into the
atmosphere is by air and by water, which are the portals that these
breccia pipes have contained. Actually, taking the breccia pipes out of
this area actually makes it easier for penetration of water in our
subsurface areas.
I urge this not be adopted and once again return it back to our
States for any other jurisdiction.
Mr. NEGUSE. Madam Speaker, may I inquire as to how much time remains
on both sides?
The SPEAKER pro tempore. The gentleman from Colorado (Mr. Neguse) has
1 minute remaining. The gentleman from Colorado (Mr. Lamborn) has 2
minutes remaining.
Mr. NEGUSE. Madam Speaker, I reserve the balance of my time.
Mr. LAMBORN. Madam Speaker, I yield 1\1/2\ minutes to the gentlewoman
from Colorado (Mrs. Boebert). The gentlewoman is from the western part
of the State where this would actually take place, and I believe she is
in touch with the people in her district.
Mrs. BOEBERT. Madam Speaker, this amendment, which has nothing to do
with the national defense, creates significant land restrictions on
nearly 400,000 acres of land in Colorado.
This entirely inappropriate amendment to the NDAA seeks to create
73,068 acres of new wilderness in Colorado, which will severely
restrict all forms of recreation, much-needed management, and economic
activity. We can all agree that we need forest management, and the
answer is not a hands-off approach.
While there are a lot of terrible policies in this amendment, one of
my biggest concerns is the increased threat of disastrous wildfires
that will result from the new wilderness designations and other land
grabs in this bill.
Colorado just came out of one of the worst wildfire seasons we have
ever experienced. In 2020 the U.S. set a new record for the number of
acres burned by wildfires, as more than 10.3 million acres went up in
smoke.
Wilderness is the most restrictive land use designation possible, and
it prevents active management in our forests, which is critical to
prevent catastrophic wildfires.
I have spent months meeting with foresters, experts in the timber
industry, and active management advocates. Every one of them has said
we do not need wilderness areas in Colorado, and wilderness areas
prevent active management of our forests and have exacerbated
catastrophic wildfires.
Madam Speaker, this amendment is a blatant attempt to sneak a deeply
partisan environmentalist wish list into the vital and important
funding vehicle of our Nation's defense.
{time} 2340
Mr. NEGUSE. Madam Speaker, I would just again say I think many of the
communities that I referenced and the various stakeholders that have
been engaged and working on this bill would take offense at this notion
that it is some, I think the word used was secret environmental wish
list or whatever the case may be.
Clearly this bill, in particular the CORE Act, has broad local
support.
With respect to wildfires, my district was the site of the first and
second largest wildfires in the history of Colorado in 137 years. It is
why we created a bipartisan wildfire caucus working with several
Republicans in the United States Congress to come together on solutions
that would address this epidemic of pervasive wildfires across the
Rocky Mountain west.
This bill is about protecting the legacy of public lands in Colorado
and across the western United States to ensure that our children can
enjoy the same public lands that we are so blessed and treasured to
have in our State.
Madam Speaker, again, I would urge a ``yes'' vote, and I yield back
the balance of my time.
Mr. LAMBORN. Madam Speaker, just like the previous amendment, this
amendment was successfully added to last year's NDAA, but the conferees
properly dropped it from the final conference report, so it ultimately
failed. It is simply unacceptable that we would add an amendment to the
National Defense Authorization Act that not only has nothing to do with
national defense, but this actually hurts our national defense by
empowering adversaries like Russia with their uranium production while
limiting our own domestic national production of uranium.
Madam Speaker, I urge my colleagues to oppose this amendment, and I
yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the gentleman
from Colorado (Mr. Neguse).
The question is on the amendment offered by the gentleman from
Colorado (Mr. Neguse).
[[Page H4857]]
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. LAMBORN. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 18 Offered by Mr. Kim of New Jersey
The SPEAKER pro tempore. It is now in order to consider amendment No.
18 printed in part C of House Report 117-125.
Mr. KIM of New Jersey. Madam Speaker, I have an amendment at the
desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle A of title XXVIII, add the following
new section:
SEC. 28__. IMPROVED CONGRESSIONAL OVERSIGHT AND PUBLIC
TRANSPARENCY OF MILITARY CONSTRUCTION CONTRACT
AWARDS.
(a) Supervision of Military Construction Projects.--Section
2851 of title 10, United States Code, as amended by section
2803, is further amended--
(1) in subsection (c)(1), by inserting ``or appropriated''
after ``funds authorized'' each place such term appears;
(2) in subsection (c)(2)--
(A) by inserting ``, deadline for bid submissions,'' after
``solicitation date'';
(B) by inserting ``(including the address of such
recipient)'' after ``contract recipient''; and
(C) by adding at the end the following new subparagraphs:
``(H) Any subcontracting plan required under paragraph (4)
or (5) of section 8(d) of the Small Business Act (15 U.S.C.
637(d)) for the project submitted by the contract recipient
to the Secretary of Defense.
``(I) A detailed written statement describing and
justifying any exception applied or waiver granted under--
``(i) chapter 83 of title 41;
``(ii) section 2533a of this title; or
``(iii) section 2533b of this title.''; and
(3) by adding at the end the following new paragraph:
``(4) The information required to be published on the
Internet website under subsection (c) shall constitute a
record for the purposes of chapters 21, 29, 31, and 33 of
title 44.''.
(b) Federal Procurement Data System.--The Secretary of
Defense shall ensure that there is a clear and unique
indication of any covered contract with subcontracting work
of an estimated value of $250,000 or more in the Federal
Procurement Data System established pursuant to section
1122(a)(4) of title 41, United States Code (or any successor
system).
(c) Local Hire Requirements.--
(1) In general.--To the extent practicable, in awarding a
covered contract, the Secretary of the military department
concerned shall give preference to those firms and
individuals who certify that at least 51 percent of the total
number of employees hired to perform the contract (including
any employees hired by a subcontractor at any tier) shall
reside in the same covered State as, or within a 60-mile
radius of, the location of the work to be performed pursuant
to the contract.
(2) Justification required.--The Secretary of the military
department concerned shall prepare a written justification,
and make such justification available on the Internet site
required under section 2851(c) of title 10, United States
Code, as amended by this section and section 2803, for the
award of any covered contract to a firm or individual that is
not described under paragraph (1).
(d) Licensing.--A contractor and any subcontractors
performing a covered contract shall be licensed to perform
the work under such contract in the covered State in which
the work will be performed.
(e) Small Business Credit for Local Businesses.--Section 15
of the Small Business Act (15 U.S.C. 644) is amended by
adding at the end the following new subsection--
``(y) Small Business Credit for Local Businesses.--
``(1) Credit for meeting subcontracting goals.--During the
4-year period beginning on the date of the enactment of this
subsection, if a prime contractor awards a subcontract (at
any tier) to a small business concern that has its principal
office located in the same State as, or within a 60-mile
radius of, the location of the work to be performed pursuant
to the contract of the prime contractor, the value of the
subcontract shall be doubled for purposes of determining
compliance with the goals for procurement contracts under
subsection (g)(1)(A) during such period.
``(2) Report.--Along with the report required under
subsection (h)(1), the head of each Federal agency shall
submit to the Administrator, and make publicly available on
the scorecard described in section 868(b) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 933; 15 U.S.C. 644 note), an analysis of
the number and dollar amount of subcontracts awarded pursuant
to paragraph (1) for each fiscal year of the period described
in such paragraph.''.
(f) Covered Contract Defined.--In this section, the term
``covered contract'' means a contract for a military
construction project, military family housing project, or
other project described in subsection (c)(1) of section 2851
of title 10, United States Code, as amended by this section
and section 2803.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from New Jersey (Mr. Kim) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. KIM of New Jersey. Madam Speaker, I rise to offer my amendment
that will help countless struggling small businesses and communities
access new opportunities and unlock the local economic potential of
military bases across the country.
My amendment would incentivize the use of local small businesses for
military construction projects by asking the Secretary of Defense to
provide preference for businesses that will use workers from within the
same State or within a 60-mile radius from where the work will occur.
My amendment would also strengthen a provision in the underlying bill
to finally provide some transparency in the military construction
project award process, helping small businesses at least be aware of
when possible contracts and subcontract opportunities become available.
I represent Joint Base McGuire-Dix-Lakehurst, which for decades has
been an economic engine in my community and in my State with thousands
of jobs tied to operations on the base.
However, too often contracts at bases like mine go unseen by small,
local businesses who are qualified and ready and sometimes more cost
effective than contractors from out of State.
Since coming into Congress, I have met with business owners from
around the Joint Base who have stressed to me that not only are they
not considered for military construction contracts, but in many cases
the Department of Defense does not even make local businesses aware of
the contracts that are available.
I introduced the Put Our Neighbors to Work Act and offer it as an
amendment here for the construction workers in my district who are
looking for their next opportunity and to provide some fairness to the
award process for small and local businesses who have been passed over
for far too long.
This is a good amendment that would help to expand opportunities for
small and local businesses in the construction industry at a time when
so many across the country are struggling.
I would like to thank Congressman Norcross, Congressman Garamendi,
and Congressman Pfluger for helping push this bipartisan effort
forward.
I urge my colleagues on both sides of the aisle to stand up for small
and local businesses by voting to pass this legislation.
Madam Speaker, I reserve the balance of my time.
Mr. MOORE of Utah. Madam Speaker, I rise in opposition to this
amendment.
The SPEAKER pro tempore. The gentleman from Utah is recognized for 5
minutes.
Mr. MOORE of Utah. Madam Speaker, I oppose this amendment
passionately as I jumped into a debate on this during general debate,
because I am so excited to jump into it. I appreciate the opportunity
to speak.
This to me is a classic case of we agree, we just are seeing a very
different approach in how we want to go about doing this. I have
enjoyed my time on the Armed Services Committee immensely these past 9
months, and for one reason alone, we can find areas of collaboration
and areas that we can work on together.
Military construction that will go towards projects like providing
housing for our men and women serving is a top priority across the
board for Democrats and Republicans. I am going to highlight just some
of the fundamental, key reasons why this amendment and many others,
especially industry folks, with respect to the chamber of commerce, the
National Defense Industry of America, the Associated General
Contractors of America, and American Council of Engineering Companies,
they oppose this effort.
In addition to the industry side, and I never thought that I would
say this as I start my debate, President Biden
[[Page H4858]]
and his administration are also in opposition to this for a few key
reasons.
One, this impacts skilled workforce. The local hiring preferences
would significantly impact the military construction contractors'
workforce by creating scenarios where long-term, highly skilled workers
may have to be laid off in order to meet local hire mandates. Then, in
order to comply with the requirements, employers would have to bring in
unnecessary and unskilled workers to fill those now vacant positions,
creating additional costs and safety concerns.
Local preference requirements falsely assumes that there is a local
pool of qualified military contractors at the ready, and they are
capable of performing the work. In the language you see, the language
even uses ``when practical.'' And I always struggle with that, because
how can we legislate on ``when practical''?
I believe we should let the individuals that are putting out bids and
winning these contracts determine what they can best do for those
areas.
Now, I am a huge supporter of local support. And you can go to Hill
Air Force Base in Layton, Utah, to find out how we have been able to
embrace the local community and enhanced use-lease projects. We are
doing it better than anywhere else in the country, and I am firm on it,
and I am actually willing to share the best practices, and I am pushing
hard to change up some of these budget requirements or these labeling
requirements so we can kind of blow through the issues that we have.
The MILCON budget is overloaded right now. We do not have the money
to do a fraction of the projects that we have out there. Like I
mentioned earlier, bricks are literally falling off the dormitories for
our airmen.
Other reasons to oppose it. This is contrary to judicial precedence.
Leslie Miller, Inc. versus Arkansas, the Supreme Court ruling held that
the bid on Federal contracts cannot be required to first submit state
licensing procedures. It undermines competition.
And lastly, but most importantly, it increases cost to contractors
and government at a time where we don't have enough money in our MILCON
budget to add additional costs.
So again, with the increased costs right now every construction
company I talk to are bursting at the seams with potential projects and
no labor to do it. If we add on additional requirements to hire
specifically locally, even if the contract is sort of similar, if you
do the base in Tinker and then you go to Air Force base, and you go to
Wright-Patt, there is consistency there. There is opportunity to scale.
This is a fundamental business concept where we have to be able to
leverage and allow for business and industry to thrive and do this more
cost effectively.
Madam Speaker, I reserve the balance of my time.
{time} 2350
Mr. KIM of New Jersey. Madam Speaker, I am glad that we are able to
have this debate and talk about what it is that we are trying to
prioritize here. When we are talking about the workers here, this bill,
this amendment, is not something that would force the Secretary of
Defense to hire unqualified workers to be able to work on our bases.
That is absolutely not the case here.
It is talking about, in the circumstances where there are qualified
workers, wouldn't we want to prioritize the local workers that are part
of that community?
We are proud in my district to host a military base. We are proud in
New Jersey to have multiple different military installations, and I am
sure other States are very proud of the military installations that
they host as well.
I hope that the Department of Defense is proud of that partnership
with our States. That is exactly what this is. It is a partnership.
This can be a win-win. In the same way that we are looking out for our
joint military base in our community, we would like the joint military
base to think of itself as part of that community.
I believe in the workforce of my State and other States, and I
believe that the workforce across America is strong. I believe that we
have the skilled labor all over this country to be able to do this.
That is why we have been able to get this bipartisan bill. That is
why I have been able to get the support of Congressman Pfluger and to
be able to continue to move forward in the way that we need to do this
for our small businesses, for our workers, to be able to help build
strong national security.
Madam Speaker, I am prepared to close, and I reserve the balance of
my time.
Mr. MOORE of Utah. Madam Speaker, I reserve the balance of my time.
The SPEAKER pro tempore. The gentleman from Utah has the right to
close.
Mr. KIM of New Jersey. Madam Speaker, I urge support for my
amendment, and I yield back the balance of my time.
Mr. MOORE of Utah. Madam Speaker, I am just going to reiterate the
concept of the enhanced use lease that is done better than anywhere
else that I have discussed or heard or seen at our base in Utah.
I want to take this opportunity to highlight that that is embracing
the local workforce, and it is doing it more cost-effectively on
multiple different types of projects.
I am going to continue to push for us to embrace that concept more
within all of our military bases because it has proven to be a really
good model to do it more cost-effectively and with the right type of
labor.
This adds an extra burden that is unnecessary to be able to
accomplish what we want it to. I will again reiterate that increased
costs to a MILCON budget that can't even do the work that it is trying
to do right now is only going to exacerbate the issue. We need to let
these companies that bid on these projects do this the appropriate way
and without adding a whole bunch of extra burdens.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the gentleman
from New Jersey (Mr. Kim).
The question is on the amendment offered by the gentleman from New
Jersey (Mr. Kim).
The amendment was agreed to.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore. The Chair understands that amendment No. 19
will not be offered at this time.
Amendment No. 20 Offered by Mr. Sherman
The SPEAKER pro tempore. It is now in order to consider amendment No.
20 printed in part C of House Report 117-125.
Mr. SHERMAN. Madam Speaker, I rise to offer and support the
amendment.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of title LX of division E, add the following:
SEC. 6013. PROHIBITION ON UNITED STATES PERSONS FROM
PURCHASING OR SELLING RUSSIAN SOVEREIGN DEBT.
(a) Prohibition.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the President shall issue
regulations to prohibit United States persons from purchasing
or selling Russian sovereign debt that is issued or executed
on or after the date that is 60 days after such date of
enactment.
(2) Russian sovereign debt defined.--In this subsection,
the term ``Russian sovereign debt'' means--
(A) bonds issued by the Russian Central Bank, the Russian
National Wealth Fund, the Russian Federal Treasury, or agents
or affiliates of any such institution, regardless of the
currency in which they are denominated and with a maturity of
more than 14 days;
(B) foreign exchange swap agreements with the Russian
Central Bank, the Russian National Wealth Fund, or the
Russian Federal Treasury, regardless of the currency in which
they are denominated and with a duration of more than 14
days; and
(C) any other financial instrument, the maturity or
duration of which is more than 14 days, that the President
determines represents the sovereign debt of Russia.
(3) Requirement to publish guidance.--The President shall
publish guidance on the implementation of the regulations
issued pursuant to paragraph (1) concurrently with the
publication of such regulations.
(b) Report.--
(1) In general.--Not later than 90 days after the regularly
scheduled general election for Federal office in 2022, and
each regularly scheduled general election for Federal office
thereafter, the Director of National Intelligence, in
consultation with the Director of the Federal Bureau of
Investigation, the Director of the National Security Agency,
[[Page H4859]]
and the Director of the Central Intelligence Agency, shall
submit to the President, the Secretary of State, the
Secretary of the Treasury, and the appropriate congressional
committees and leadership a report on whether there is or is
not significant evidence available for the Director to
determine that the Government of Russia, or any person acting
as an agent of or on behalf of that government, knowingly
engaged in interference in such general election or any other
election for Federal office held since the most recent prior
regularly scheduled general election for Federal office,
including an identification of any officials of that
government, or persons acting aagents of or on behalf of that
government, that knowingly engaged in interference in any
such election.
(2) Additional report.--If the Director of Intelligence--
(A) determines in a report submitted under paragraph (1)
that there is not significant evidence available for the
Director to determine that the Government of Russia, or any
person acting as an agent of or on behalf of that government,
knowingly engaged in interference in any election described
in paragraph (1); and
(B) subsequently determines that there is significant
evidence available for the Director to make such a
determination, the Director shall submit to the President,
the Secretary of State, the Secretary of the Treasury, and
the appropriate congressional committees and leadership a
report on such subsequent determination not later than 30
days after making that determination.
(3) Form.--Each report required by this subsection shall be
submitted in unclassified form, but may include a classified
annex.
(c) Suspension Authority.--
(1) In general.--The President may, for the period of time
described in paragraph (3), suspend the application of any
prohibition on United States persons from engaging in
transactions described in subsection (a) if, not later than
30 days after the date on which a report described in
subsection (b) is submitted to the officials described in
subsection (b) and the appropriate congressional committees
and leadership with respect to a regularly scheduled general
election for Federal office, the President--
(A) determines that there is not significant evidence
available for the President to determine that the Government
of Russia, or any person acting as an agent of or on behalf
of that government, knowingly engaged in interference in such
general election or any other election for Federal office
held since the most recent prior regularly scheduled general
election for Federal office; and
(B) submits to the appropriate congressional committees and
leadership a report that contains the determination of the
President under subparagraph (A) and a justification for the
determination.
(2) Clarification regarding suspension.--If--
(A) the President suspends the application of any
prohibition on United States persons from engaging in
transactions described in subsection (a);
(B) such United States persons engage in transactions
described in subsection (a) involving Russian sovereign debt
that is issued during the period of time in which the
suspension is in effect; and
(C) such United States persons are subject to the
application of any prohibition on United States persons from
engaging in transactions described in subsection (a) after
such period of time in which the suspension is in effect,
such United States persons may not be subject to any
prohibition on United States persons from engaging in
transactions described in subsection (a) with respect to
engaging in transactions involving Russian sovereign debt
described in subparagraph (B).
(3) Time period described.--The period of time described in
this paragraph is the period--
(A) beginning after the 60-day period described in
paragraph (1)(B); and
(B) ending on or before the date that is 60 days after the
date of the next regularly scheduled general election for
Federal office.
(d) Waiver Authority.--The President may waive the
application of any prohibition on United States persons from
engaging in transactions described in subsection (a) if the
President--
(1) determines that the waiver is in the vital national
security interests of the United States; and
(2) submits to the appropriate congressional committees and
leadership a report that contains the determination of the
President under subparagraph (A).
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, the Committee on Finance,
the Select Committee on Intelligence, and the Committee on
Rules and Administration of the Senate; and
(B) the Committee on Financial Services, the Committee on
Foreign Affairs, the Committee on Ways and Means, the
Permanent Select Committee on Intelligence, and the Committee
on House Administration of the House of Representatives.
(2) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and
leadership'' means--
(A) the appropriate congressional committees;
(B) the majority leader and minority leader of the Senate;
and
(C) the Speaker, the majority leader, and the minority
leader of the House of Representatives.
(3) Elections for federal office.--The term ``elections for
Federal office'' has the meaning given such term in the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et
seq.), except that such term does not include a special
election.
(4) Interference in elections for federal office.--The term
``interference'', with respect to an election for Federal
office:
(A) Means any of the following actions of the government of
a foreign country, or any person acting as an agent of or on
behalf of such a government, undertaken with the intent to
influence the election:
(i) Obtaining unauthorized access to election and campaign
infrastructure or related systems or data and releasing such
data or modifying such infrastructure, systems, or data.
(ii) Blocking or degrading otherwise legitimate and
authorized access to election and campaign infrastructure or
related systems or data.
(iii) Contributions or expenditures for advertising,
including on the internet.
(iv) Using social or traditional media to spread
significant amounts of false information to individuals in
the United States.
(B) Does not include communications clearly attributable to
news and media outlets which are publicly and explicitly
either controlled or in large part funded by the government
of a foreign country.
(5) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(6) Person.--The term ``person'' means an individual or
entity.
(7) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from California (Mr. Sherman) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. SHERMAN. Madam Speaker, I rise in support of the Sherman-Waters
amendment, No. 746.
Madam Speaker, for quite some time, Chairwoman Waters and I have been
in favor of strong sanctions against Russia for interference in our
elections.
Now, I don't want this to be partisan. There is this idea that only
Democrats care about protecting our elections from Russian
interference. That is not the case.
When the Senate was controlled by Republicans, the Senate
Intelligence Committee issued a report stating: ``The Russian
Government engaged in an aggressive, multifaceted effort to influence,
or attempt to influence, the outcome of the 2016 Presidential
election.'' But there are those who think that perhaps President Trump
did not believe that Russia tried to influence our elections.
Putting aside 2016, what did the Trump administration say about our
2018 election?
On September 30, 2019, the Trump Treasury Department announced
sanctions in response to Russian interference in our 2018 election, and
then the Trump administration imposed sanctions on a ``Russian agent''
for trying to influence our 2020 election. Partisanship stops at the
water's edge.
We need to stop Russia from interfering in our elections. Both
parties have imposed sanctions on Russia for doing so. The question is
how we make those sanctions effective.
Existing sanctions apply to the purchase of sovereign debt--this is
debt issued by the Russian Government--but only when you are acting as
the underwriter, not purchases in the secondary market. That is
ineffective.
In May of this year, the Russian Deputy Finance Minister told us that
when he said sanctions-imposed restrictions don't cover the secondary
market and so they are going to be ineffective or, in his words: ``So
we don't expect the share of nonresidents to move far from the current
levels.''
We need to listen to the Russian Deputy Finance Minister as to how to
make the sanctions that both Democrats and Republicans agree on more
effective. The sanctions imposed here will raise the cost of borrowing
of the Russian Government by between half a
[[Page H4860]]
percent and three-quarters of a percent based on a rating by ACRA.
Further, it is good economic policy. We have a scarce amount of
investment capital in the United States. I want to see it invested in
American businesses, either in stock or as loans by our banks and
others to our companies.
Can anybody make the argument that we are worse off if money is
invested in American companies instead of being lent to Vladimir Putin?
There is no credible argument as to why American pension plans, asset
managers, and households should be funding the Russian Government at a
time when, in 2016, 2018, and 2020, both parties and former President
Trump realized that Russia was interfering in our elections and
deserves to be sanctioned. Let's make those sanctions effective by
adopting this amendment.
Madam Speaker, I reserve the balance of my time.
Mr. ROGERS of Alabama. Madam Speaker, I rise in opposition to the
amendment.
The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
Mr. ROGERS of Alabama. Madam Speaker, it is my understanding that the
ranking member of the committee of jurisdiction is opposed. Therefore,
I must be opposed.
Madam Speaker, I yield back the balance of my time.
Mr. SHERMAN. Madam Speaker, may I inquire how much time I have
remaining.
The SPEAKER pro tempore. The gentleman from California has 1\1/2\
minutes remaining.
Mr. SHERMAN. Madam Speaker, I see no substantive reason why the
ranking member is opposed to this amendment. Both parties agree Russia
has interfered in our elections in 2016 but more recently in 2018 and
2020. Both parties and the Trump administration agree that Russia
should be sanctioned. But the Deputy Finance Minister of Russia pointed
out that our sanctions so far have not been effective, that they are
not effective until they apply to the secondary market.
That is exactly what this amendment does. It is time to raise the
cost of borrowing by the Russian Government and to see that money
invested in American businesses, lent to American companies, instead of
being lent to the Russian Government.
Madam Speaker, I hear no substantive argument against that
proposition, and I urge adoption of the amendment.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the gentleman
from California (Mr. Sherman).
The question is on the amendment offered by the gentleman from
California (Mr. Sherman).
The amendment was agreed to.
A motion to reconsider was laid on the table.
{time} 0000
The SPEAKER pro tempore. The Chair understands amendments No. 21 and
No. 22 will not be offered at this time.
Amendment No. 23 Offered by Mr. Schiff
The SPEAKER pro tempore. It is now in order to consider amendment No.
23 printed in part C of House Report 117-125.
Mr. SCHIFF. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle C of title V, add the following new
section:
SEC. 5__. EXCLUSION OF EVIDENCE OBTAINED WITHOUT PRIOR
AUTHORIZATION.
Section 271 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d) Notwithstanding any other provision of law, any
information obtained by or with the assistance of a member of
the Armed Forces in violation of section 1385 of title 18,
shall not be received in evidence in any trial, hearing, or
other proceeding in or before any court, grand jury,
department, officer, agency, regulatory body, legislative
committee, or other authority of the United States, a State,
or a political subdivision thereof.''.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from California (Mr. Schiff) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. SCHIFF. Madam Speaker, this amendment clarifies the authority of
military commission judges to order court processing at Guantanamo to
be broadcast over the internet. This is a straightforward,
noncontroversial amendment that the House has passed twice by voice
vote.
The GAO has studied this issue and concluded there are no technical
barriers to broadcasting proceedings on the internet, and it can be
done while protecting classified information.
This amendment comes down to simply whether or not we believe the
American people have the right to observe the military commission
proceedings, including against members of al-Qaida who planned the 9/11
attacks.
I believe that families of victims, journalists, academics, NGOs, and
any American interested should be able to follow the proceedings
without flying to Guantanamo, a difficult and lengthy process at best.
I also believe this amendment is important because these military
commissions have, in fact, failed.
After so many years, they have not delivered anything that could be
called justice, but their distance hides the extent of their failings.
As we work toward closing Guantanamo, which I strongly support, we
should cease to hide the legal processes happening there.
Madam Speaker, I urge a ``yes'' vote, and I reserve the balance of my
time.
Mr. ROGERS of Alabama. Madam Speaker, I rise in opposition to the
amendment.
The SPEAKER pro tempore. The gentleman is recognized for 5 minutes.
Mr. ROGERS of Alabama. Madam Speaker, the amendment allows some of
the most hardened terrorists in U.S. custody a platform to publicly
broadcast their message. Letting these vicious terrorists know there is
a public audience for their hate will do far more harm than good.
It is important to note that Federal courts have consistently stuck
to their guns against broadcasting major terrorism cases, such as the
trial of Zacarias Moussaoui. I see no reason to make an exception for
terrorists at Guantanamo.
DOD has informed us they share these serious concerns and strongly
oppose this amendment.
Madam Speaker, I urge all of my colleagues to oppose the amendment,
and I reserve the balance of my time.
Mr. SCHIFF. Madam Speaker, I would simply point out that this
amendment permits these judges to broadcast the proceedings so that
people can witness them. It doesn't mandate that this be done in every
case. I think these judges ought to have the discretion to do so.
This amendment makes it very clear that GAO has studied this issue
and found that it is more than technologically feasible.
I think it is important that the American people, particularly the
victims of 9/11 who would like to witness these proceedings, be allowed
to do so. The victims of 9/11 can't easily travel--many of them can't
travel at all--to Guantanamo to review the proceedings. I think that
the victims of that heinous terrorist attack should have the ability to
face those and observe the proceedings against those who have been
charged with those offenses.
Madam Speaker, I reserve the balance of my time.
Mr. ROGERS of Alabama. Madam Speaker, I have a right to close, and I
reserve the balance of my time.
Mr. SCHIFF. Madam Speaker, I continue to reserve the balance of my
time.
The SPEAKER pro tempore. The gentleman from Alabama does have the
right to close.
Mr. SCHIFF. Madam Speaker, I urge a ``yes'' vote on this amendment to
increase transparency into the proceedings in Guantanamo and allow the
victims of 9/11 to observe the proceedings, as many of them would like
to, and I yield back the balance of my time.
Mr. ROGERS of Alabama. Madam Speaker, I am concerned that adoption of
this amendment would create a major recruiting platform for terrorists
and create security risks.
The Biden administration is opposed to this amendment. I oppose this
amendment, and I urge all of my colleagues to vote ``no.'' I yield back
the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the
[[Page H4861]]
amendment offered by the gentleman from California (Mr. Schiff).
The question is on the amendment offered by the gentleman from
California (Mr. Schiff).
The amendment was agreed to.
A motion to reconsider was laid on the table.
Amendment No. 24 Offered by Mr. Schiff
The SPEAKER pro tempore. It is now in order to consider amendment No.
24 printed in part C of House Report 117-125.
Mr. SCHIFF. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle C of title X, insert the following:
SEC. 1024. PUBLIC AVAILABILITY OF MILITARY COMMISSION
PROCEEDINGS.
Section 949d(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) In the case of any proceeding of a military
commission under this chapter that is made open to the
public, the military judge may order arrangements for the
availability of the proceeding to be watched remotely by the
public through the internet.''.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
gentleman from California (Mr. Schiff) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. SCHIFF. Madam Speaker, I rise in support of this amendment.
In June 2020, as individuals came together to proclaim that Black
lives matter and speak out against the murder of George Floyd, Donald
Trump saw these lawful protests as an opportunity to once again abuse
the power of his office.
The former President threatened to deploy U.S. military units to
cities across the country to serve as de facto law enforcement. The
threat only heightened an already tense situation and risked
catastrophe had he followed through.
The posse comitatus laws protect American citizens against the abuse
of the military as a domestic law enforcement agency, but it has
loopholes that need to be fixed. My amendment would do so.
The goals of this amendment are simple: strengthen restrictions to
ensure the mission of the U.S. military cannot be abused and protect
the civil liberties of our citizens.
Madam Speaker, I urge support of the amendment, and I reserve the
balance of my time.
Mr. JORDAN. Madam Speaker, I rise in opposition to the amendment.
The SPEAKER pro tempore. The gentleman from Ohio is recognized for 5
minutes.
Mr. JORDAN. Madam Speaker, we already have laws that prohibit the
United States military from carrying out domestic policy on United
States soil. This amendment would prohibit evidence obtained by the
military in violation of the Posse Comitatus Act from being used in a
court or other legal proceedings.
While I am actually sympathetic and believe this issue is one that is
worthy of our consideration in its current form, I urge opposition. The
issue is simply too complex to rush through here without careful
consideration and deliberation in regular order.
The implications of this amendment are also unclear. We have a crisis
on our southern border, a crisis that continues to be ignored by
Democrats and is continually getting worse. What happens, for example,
if the continued failures of the Biden policies cause the situation at
our southern border to become so dire that our military is called to
secure our border and the military obtains evidence of trafficking or
smuggling or some other crime?
We simply do not know enough about changing this longstanding legal
document here today to jam it into a National Defense Authorization
Act. This is an issue that needs to go through a more robust process
where the committees of jurisdiction can hold hearings and fully
explore all possible consequences.
Madam Speaker, I urge my colleagues to oppose the motion, and I
reserve the balance of my time.
Mr. SCHIFF. Madam Speaker, it is not that complicated. The current
posse comitatus laws prohibit violation of this rule against using the
military for law enforcement purposes but apply it only to two branches
of the military, the Army and the Air Force. This would extend it to
the other branches of the military. It is as simple as that.
It also provides that if you violate the law, you shouldn't use the
evidence from the violation of that law in court proceedings. That is a
well-established principle of criminal law, and it ought to apply here
as well.
It is really quite simple. That is what this amendment would do.
Madam Speaker, I urge support, and I reserve the balance of my time.
Mr. JORDAN. Madam Speaker, I have no further speakers, and I reserve
the balance of my time.
Mr. SCHIFF. Madam Speaker, I believe I have the right to close on
this amendment, and I reserve the balance of my time.
The SPEAKER pro tempore. The gentleman from California is correct.
Mr. JORDAN. Madam Speaker, who has the right to close?
The SPEAKER pro tempore. The gentleman from California has the right
to close.
{time} 0010
Mr. JORDAN. Madam Speaker, in closing, I would just say the gentleman
in his introduction of the amendment said that while President Trump--
he talked about President Trump and the riots that took place last
summer--he said, well, I would just point out that while President
Trump was talking about deploying the military to deal with the riots
that were happening in so many major urban areas around our great
country, what were Democrats doing?
What were Democrats doing?
They were defunding the police, and they were raising money to bail
the very rioters out who were destroying property and attacking police
officers to raise money to bail those individuals out of jail. And now
here tonight we have some policy that hasn't been through committee and
hasn't been through any process trying to be put into the National
Defense Authorization Act.
Again, Madam Speaker, I urge opposition to this, and I yield back the
balance of my time.
Mr. SCHIFF. Madam Speaker, I will now close.
This amendment is quite simple. It would extend the posse comitatus
law to all branches of the military so it is not abused.
This is not about defunding the police. That is the usual red herring
argument when there is no argument to be made on the merits.
So this would simply say that the prohibition against abusing the
military and dragooning it as a method of enforcing domestic laws ought
to be extended to every branch of the military not just two of the
branches of the military. And those who would violate this law cannot
use evidence gained in violation of the law against individuals. So
that is what this amendment would do.
Madam Speaker, I urge its passage, and I yield back the balance of my
time.
The SPEAKER pro tempore. Pursuant to House Resolution 667, the
previous question is ordered on the amendment offered by the gentleman
from California (Mr. Schiff).
The question is on the amendment offered by the gentleman from
California (Mr. Schiff).
The amendment was agreed to.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration of H.R. 4350 is postponed.
____________________