[Congressional Record Volume 167, Number 198 (Monday, November 15, 2021)]
[Senate]
[Page S8117]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4606. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place in title XV, insert the 
     following:

     SEC. ___. SEMIANNUAL NOTIFICATIONS REGARDING MISSILE DEFENSE 
                   TESTS AND COSTS.

       (a) Semiannual Notifications Required.--For each period 
     described in subsection (b), the Director of the Missile 
     Defense Agency shall submit to the congressional defense 
     committees a notification of all--
       (1) flight tests (intercept and non-intercept) planned to 
     occur during the period covered by the notification based on 
     the Integrated Master Test Plan the Director used to support 
     the President's budget submission under section 1105 of title 
     31, United States Code, for the fiscal year of the period 
     covered; and
       (2) ground tests planned to occur during such period based 
     on such plan.
       (b) Periods Covered.--For purposes of this section, the 
     periods covered under this section are--
       (1) the first 180-calendar-day period beginning on the date 
     that is 90 days after the date of the enactment of this Act; 
     and
       (2) each subsequent, sequential 180-calendar-day period 
     beginning thereafter until the date that is five years and 90 
     calendar days after the date of the enactment of this Act.
       (c) Timing of Notification Submittal.--Each notification 
     submitted under subsection (a) for a period described in 
     subsection (b) shall be submitted--
       (1) not earlier than 30 calendar days before the last day 
     of the period; and
       (2) not later than the last day of the period.
       (d) Contents.--Each notification submitted under subsection 
     (a) shall include the following:
       (1) For the period covered by the notification:
       (A) With respect to each flight test described in 
     subsection (a)(1), the following:
       (i) The entity responsible for leading the flight test 
     (such as the Missile Defense Agency, the Army, or the Navy) 
     and the classification level of the flight test.
       (ii) The planned cost (the most recent flight test cost 
     estimate, including interceptors and targets), the actual 
     costs and expenditures to-date, and an estimate of any 
     remaining costs and expenditures.
       (iii) All funding (including any appropriated, transferred, 
     or reprogrammed funding) the Agency has received to-date for 
     the flight test.
       (iv) All changes made to the scope and objectives of the 
     flight test and an explanation for such changes.
       (v) The status of the flight test, such as conducted-
     objectives achieved, conducted-objectives not achieved 
     (failure or no-test), delayed, or canceled.
       (vi) In the event of a flight test status of conducted-
     objectives not achieved (failure or no-test), delayed, or 
     canceled--

       (I) the reasons the flight test did not succeed or occur;
       (II) in the event of a flight test status of failure or no-
     test, the plan and cost estimate to retest, if necessary, and 
     any contractor liability, if appropriate;
       (III) in the event of a flight test delay, the fiscal year 
     and quarter the objectives were first planned to be met, the 
     names of the flight tests the objectives have been moved to, 
     the aggregate duration of the delay to-date, and, if 
     applicable, any risks to the warfighter from the delay; and
       (IV) in the event of a flight test cancellation, the fiscal 
     year and quarter the objectives were first planned to be met, 
     whether the objectives from the canceled test were met by 
     other means, moved to a different flight test, or removed, a 
     revised spend plan for the remaining funding the agency 
     received for the flight test to-date, and, if applicable, any 
     risks to the warfighter from the cancellation; and

       (vii) the status of any decisions reached by failure review 
     boards open or completed during the period covered by the 
     notification.
       (B) With respect to each ground test described in 
     subsection (a)(2), the following:
       (i) The planned cost (the most recent ground test cost 
     estimate), the actual costs and expenditures to-date, and an 
     estimate of any remaining costs and expenditures.
       (ii) The designation of the ground test, whether 
     developmental, operational, or both.
       (iii) All changes made to the scope and objectives of the 
     ground test and an explanation for such changes.
       (iv) The status of the ground test, such as conducted-
     objectives achieved, conducted-objectives not achieved 
     (failure or no-test), delayed, or canceled.
       (v) In the case of a ground test status of conducted-
     objectives not achieved (failure or no-test), delayed, or 
     canceled--

       (I) the reasons the ground test did not succeed or occur; 
     and
       (II) if applicable, any risks to the warfighter from the 
     ground test not succeeding or occurring;

       (vi) The participating system and element models used for 
     conducting ground tests and the accreditation status of the 
     participating system and element models.
       (vii) Identification of any cybersecurity tests conducted 
     or planned to be conducted as part of the ground test.
       (viii) For each cybersecurity test identified under 
     subparagraph (G), the status of the cybersecurity test, such 
     as conducted-objectives achieved, conducted-objectives not 
     achieved (failure or no-test), delayed, or canceled.
       (ix) In the case of a cybersecurity test identified under 
     subparagraph (G) with a status of conducted-objectives, not 
     achieved, delayed, or canceled--

       (I) the reasons for such status; and
       (II) any risks, if applicable, to the warfighter from the 
     cybersecurity test not succeeding or occurring.

       (2) To the degree applicable and known, the matters covered 
     by paragraph (1) but for the period subsequent to the covered 
     period.
       (e) Additional Matters.--
       (1) Events spanning multiple notification periods.--Events 
     that span from one period described in subsection (b) into 
     another described in such subsection, such as a the case of a 
     failure review board convening in one period and reaching a 
     decision in the following period, shall be covered by 
     notifications under subsection (a) for both periods.
       (2) Form.--Each notification submitted under subsection (a) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
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