[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.

[[Page H4600]]

                       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 Co