[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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